[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Rules and Regulations]
[Pages 23971-23981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9687]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080428611-8612-01]
RIN 0648-AW60


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2008 Management Measures and a Temporary Rule

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

ACTION: Final rule; and a temporary rule for emergency action; request 
for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2008 
ocean salmon fisheries off Washington, Oregon, California and the 2009 
salmon seasons opening earlier than May 1, 2009. The temporary rule for 
emergency action (emergency rule), under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), implements the 
2008 annual management measures for the west coast ocean salmon 
fisheries for the area from Cape Falcon, OR, to the Oregon/California 
Border from June 22 to August 31, 2008. The emergency rule is required 
because Sacramento River fall Chinook (SRFC) are projected to not meet 
their conservation objective of 122,000 to 180,000 natural and hatchery 
adult spawners established in the Pacific Coast Salmon Fishery 
Management Plan (Salmon FMP). 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: Final rule is effective from 0001 hours Pacific Daylight Time, 
May 1, 2008, until the effective date of the 2009 management measures, 
as published in the Federal Register. Temporary rule is effective from 
0001 hours Pacific Daylight Time June 22, 2008, to 1159 hours Pacific 
Daylight Time August 31, 2008 or the attainment of the specific quota 
as listed below in section two of this rule. Comments must be received 
by May 16, 2008.

ADDRESSES: You may submit comments, identified by 0648-AW60, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
     Fax: 206-526-6736. Attn: Sarah McAvinchey, or 562-980-4047 
Attn: Eric Chavez.
     Mail: D. Robert Lohn, Regional Administrator, Northwest 
Region, NMFS, 7600 Sand Point Way, NE., Seattle, WA 98115-0070 or to 
Rod McInnis, Regional Administrator, Southwest Region, NMFS, 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments. Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of the 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 Web site (http://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 e-mail at [email protected], 
or by fax at (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Sarah McAvinchey at 206-526-4323, or 
Eric Chavez at 562-980-4064.

SUPPLEMENTARY INFORMATION: 

Background

    The ocean salmon fisheries in the EEZ off Washington, Oregon, and 
California

[[Page 23972]]

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 2008 and pre-May 2009 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 7 to 11, 2008, meeting.

Schedule Used to Establish 2008 Management Measures

    The Council announced its annual preseason management process for 
the 2008 ocean salmon fisheries in the Federal Register on January 2, 
2008 (73 FR 169), and on their Web site at (http://www.pcouncil.org). 
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 the Federal Register 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 necessary for 
crafting management measures for the 2008 and pre-May 2009 ocean salmon 
fishery first became available. The first report, ``Review of 2007 
Ocean Salmon Fisheries'', summarizes biological and socio-economic data 
for the 2007 ocean salmon fisheries and assesses how well the Council's 
2007 management objectives were met. The second report, ``Preseason 
Report I Stock Abundance Analysis for 2008 Ocean Salmon Fisheries'' 
(PRE I), provides the 2008 salmon stock abundance projections and 
analyzes the impacts on the stocks and Council management goals if the 
2007 regulations and regulatory procedures were applied to the 
projected 2008 stock abundances. The completion of PRE I is the initial 
step in evaluating the full suite of preseason options.
    The Council met in Sacramento, CA from March 10 to 14, 2008, to 
develop 2008 management options for proposal to the public. The Council 
proposed three options for commercial and recreational fisheries 
management for analysis and public comment. These options consisted of 
various combinations of management measures designed to protect weak 
stocks of coho and Chinook salmon and to provide for ocean harvests of 
more abundant stocks. After the March Council meeting, the Council's 
STT and staff economist prepared a third report, ``Preseason Report II 
Analysis of Proposed Regulatory Options for 2008 Ocean Salmon 
Fisheries,'' which analyzes the effects of the proposed 2008 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 31, 2008, in Westport, WA and 
Coos Bay, OR; and April 1, 2008, in Eureka, CA. The States of 
Washington, Oregon, and California sponsored meetings in various forums 
that also collected public testimony, which was then presented to the 
Council by each state's Council representative. The Council also 
received public testimony at both the March and April meetings and 
received written comments at the Council office.
    The Council met from April 7 to 11, 2008, in Seatac, WA, to adopt 
its final 2008 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 2008 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 Web site 
(http://www.pcouncil.org).

Resource Status

    At the start of the preseason planning process for the 2008 
management season, NMFS provided a letter to the Council, dated 
February 26, 2008, summarizing its Endangered Species Act (ESA) 
consultation standards for listed species as required by the Salmon 
FMP. The Council's recommended management measures comply with NMFS ESA 
consultation standards and guidance for those listed salmon species 
which may be affected by Council fisheries. In most cases, the 
recommended measures are more restrictive than NMFS's ESA requirements.
    NMFS provided guidance to the Council and a new biological opinion 
regarding the effects of the 2008 fisheries on Lower Columbia River 
(LCR) coho and LCR Chinook salmon. This will be the third year that 
NMFS has consulted on LCR coho. Since the listing of LCR coho in August 
2005, the states of Oregon and Washington have been working with NMFS 
to develop and evaluate a management plan for LCR coho that can be used 
as the basis for their long-term management. The states have focused on 
use of a harvest matrix similar to the one used for Oregon Coast coho. 
Under the matrix the harvest allowed in a given year depends on 
indicators of marine survival and brood year escapement. Generally 
speaking, NMFS supports use of management planning tools that allow 
harvest rates to vary depending on the year-specific circumstances. 
Although there has been progress in the development and review of the 
matrix, there is still work to be done before NMFS can reasonably 
conclude that the proposed harvest matrix provides the necessary long-
term protection for the species.
    In the meantime, NMFS needed to provide guidance for the 2008 
fisheries. In 2008, brood year and marine survival indicators were 
generally lower than they were in 2007. Given the circumstances the 
matrix would have allowed for a total exploitation rate of 11.7 
percent. However, uncertainties related to selection of a particular 
long-term management strategy are such that it is still prudent to take 
a conservative approach to management until those questions can be 
resolved. Based on the above described circumstances, NMFS guidance to 
the Council was that ocean salmon fisheries, and fisheries in the 
mainstem Columbia River be managed subject to a total exploitation rate 
limit on LCR coho of 8 percent. As a consequence of this guidance the 
Council proposed to limit Council area fisheries to an exploitation 
rate of 6 percent recognizing that this provided for some fishing 
opportunity in the Columbia River. The resulting coho quota for the 
area north of Cape Falcon in 2008 is 44,350 compared to quotas of 
178,000, 117,500 and 195,000 in the last three years.
    NMFS reinitiated consultation on an earlier biological opinion 
related to the effects on LCR Chinook. From 2002-2006 Council fisheries 
were managed subject to a total exploitation rate limit of 49 percent 
for the ``tule'' component of the listed evolutionarily significant 
unit (ESU). Since then, NMFS has been

[[Page 23973]]

engaged in ongoing review of LCR tule Chinook in particular. In 2007, 
the exploitation rate limit has been reduced to 42%. In 2008, the 
allowable exploitation rate limit was reduced further to 41%. The 
reduction in exploitation rate is intended to address the needs of the 
ESU and the weaker populations in the ESU. NMFS intends to continue its 
review of harvest and seeks to implement changes that are consistent 
with the evolving information, the expected evolution of the hatchery 
programs, and the long term goal of recovery articulated in the Lower 
Columbia Salmon Recovery Plan. NMFS expects that further reductions in 
the harvest on naturally-spawning fish may be required. Based on the 
guidance provided, the Council proposed to limit Council fisheries such 
that the total exploitation rate from all fisheries was 35.8 percent 
and thus well below the limit. The Chinook catch quota for the area 
north of Cape Falcon in 2008 is 77,500, compared to quotas of 67,500, 
107,000 and 135,000 in the last three years. Because fisheries are so 
restricted this year NMFS ESA requirements for all other listed 
salmonids including Snake River fall Chinook, Puget Sound Chinook, and 
California Coastal Chinook will be met.

Emergency Rule

    The Council's final recommendation for the ocean salmon fishing 
seasons that commence May 1st deviates from the Salmon FMP specifically 
with regard to meeting the Sacramento River fall Chinook (SRFC) 
conservation objective of 122,000-180,000 natural and hatchery adult 
spawners. Under the circumstances, implementation of an Emergency 
Action under Magnuson-Stevens Act authority at section 305(c)(2)(B) is 
necessary to modify the conservation objective in the Salmon FMP in 
order to implement the Council's proposal. The Temporary Rule for 
Emergency Action applies to the area between Cape Falcon, Oregon, and 
the Oregon/California border.
    The conservation objective for SRFC in the Salmon FMP requires a 
return of 122,000-180,000 natural and hatchery adult spawners each 
year. The preseason forecast for SRFC for 2008 is at a record low, with 
a projected escapement of 59,100 hatchery and natural fish absent any 
further fishing south of Cape Falcon, OR. Under the Salmon FMP, a 
``conservation alert'' is triggered when a stock is projected to fall 
below its conservation objective. Under such circumstances the Council 
is required to close salmon fisheries within Council jurisdiction that 
impact the stock.
    Because of differences in stock composition and in how salmon 
fisheries are managed, the Council splits its management decisions 
geographically into North of Cape Falcon, OR (managed mostly by 
quotas), and South of Cape Falcon (managed mostly by seasons and trip 
limits). Cape Falcon is near the Columbia River in Oregon. Because 
annual management measures must meet the Salmon FMP conservation 
objectives of all the key stocks, fishing seasons are usually limited 
by the necessity of meeting the requirements for the least abundant 
stock. South of Cape Falcon, the dramatically low abundance of 
Sacramento River fall Chinook was the primary constraint for fisheries 
in Oregon and California.
    When defining the area of impact NMFS considers the distribution of 
the stock, the magnitude of harvest impacts at the margin of that 
distribution and the relation of that distribution to existing fishery 
management boundaries. In 2006, when Klamath River fall Chinook were 
projected to be below their conservation objective, the area of impact 
was determined to be from Cape Falcon, Oregon, to Point Sur, 
California. This was designated as the impact area based on estimates 
indicating that the vast majority of harvest impacts, in this case 99%, 
occurred in the area. In 2008, there is a similar conservation concern 
for Sacramento River fall Chinook. Using the same rationale for SRFC, 
the area of impact that would be closed pursuant to the Salmon FMP 
would include the area from Cape Falcon, Oregon, to the U.S./Mexico 
Border where the vast majority of harvest impacts on SRFC occur. In 
this case, NMFS estimated that 99% of harvest mortality occurs in the 
area South of Cape Falcon, Oregon. Given the circumstances, any fishing 
in the impact area would have to be implemented through an emergency 
rule that modifies the Salmon FMP.
    The process for setting this year's management measures was 
controversial given the proposed reductions in fishing opportunities 
and potential extensive closures. At both the March and April Council 
meetings, and the coastwide public hearings, there was substantial 
public participation and comments from the various fishing sectors and 
related industries regarding the proposed 2008 management measures. The 
majority of the comments expressed great concern that elimination of 
the ocean fisheries that impact SRFC, which typically comprises the 
majority of the catch in California and Oregon, would cause severe 
economic hardship to coastal communities in California and Oregon. 
Those testifying also spoke at length regarding concerns for the demise 
of the infrastructure that supports the fishing industry, as well as 
other related businesses, and thus the long-term consequences of a 
fishery closure or severe restrictions in 2008. The Council, in order 
to address the conservation concerns for SRFC, recommended closing the 
commercial salmon fishery South of Cape Falcon Oregon. They also 
recommended no recreational fishery off California. In order to protect 
SRFC and mitigate to some extent the adverse economic and social 
consequences of this year's restricted fishing season the Council 
recommended an emergency rule to implement only a small recreational 
fishery for hatchery marked coho in Oregon with a 9,000 fish quota, 
from Cape Falcon, OR, to the California/Oregon border from June 22 
through August 31, 2008.
    For NMFS, the key issue in considering whether to approve the 
emergency rule was whether the proposed fishery would jeopardize the 
capacity of the fishery to produce maximum sustainable yield (MSY) on a 
continuing basis. NMFS used available information provided by the 
Council's advisory bodies to assess the potential risk to SRFC. The 
method developed by the STT for modeling impacts to SRFC was reviewed 
favorably by the Council's Scientific and Statistical Committee. Using 
this model, the projected mortality of SRFC is 55 fish. Furthermore, 
not all of these fish would be expected to return to the Sacramento 
River this year. Some of the fish would not mature and would remain in 
the ocean in 2008. Others would be expected to die of natural causes. 
The estimate of escapement absent fishing is 59,100; the proposed 
fishery would reduce the escapement by a few tens of fish. Given the 
magnitude of the fishery and the available information on anticipated 
impacts to SRFC, NMFS concluded that the marginal decrease in 
escapement that will result from the limited fishery in the SRFC impact 
area proposed for 2008 does not jeopardize the capacity of the stock to 
produce MSY on a continuing basis. NMFS further concluded that the 
limited fishery in the SRFC impact area does not increase the 
conservation concerns for SRFC while mitigating, to the degree 
possible, some adverse effects to the fishing community. The vote of 
the Council reflects their concurrence with NMFS' conclusion. The 
Temporary Rule for Emergency Action to approve the 2008 annual 
management measures for the west coast ocean salmon fisheries

[[Page 23974]]

would cover the area from Cape Falcon, Oregon, to the Oregon/California 
Border where the limited recreational marked hatchery coho fishery will 
occur.

Management Measures for 2008 Fisheries

    The Council-recommended ocean harvest levels and management 
measures for 2008 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 2008 management measures have a higher 
Chinook quota and a substantially lower coho quota relative to the 2008 
season. The total allowable catch for 2008 is 77,500 Chinook and 44,350 
marked hatchery coho; these fisheries are restricted to protect 
threatened Columbia River wild fall Chinook, threatened Lower Columbia 
natural coho, threatened Oregon Coastal Natural coho, and Hood Canal 
natural coho. 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 seven years.
    South of Cape Falcon, OR, the commercial salmon fishery is closed 
in 2008 because of the projected failure of the Sacramento River Fall 
Chinook to reach their conservation objective, even with no fishing on 
the stock. For the same reason, the only recreational fishery that will 
occur South of Cape Falcon is a small selective fishery off Oregon with 
a 9,000-fish quota of marked hatchery coho. This is the fifth year the 
selective fishery includes the southern coastal area of Oregon. The 
Council's recommendations are below the 8-percent exploitation rate 
permitted under ESA limitations for Oregon Coast Natural (OCN) coho 
stocks, with an expected 6.9-percent OCN coho exploitation rate. The 
expected ocean exploitation rate for Rogue/Klamath coho is 1.0 percent, 
and is also below its exploitation rate limit of 13.0 percent.

Treaty Indian Fisheries for 2008

    The treaty-Indian commercial troll fishery quota is 37,500 Chinook 
in ocean management areas and Washington State Statistical Area 4B 
combined. This quota is slightly higher than the 35,000-Chinook quota 
in 2007. The fisheries include a Chinook-directed fishery in May and 
June (under a quota of 20,000 Chinook) and an all-salmon season 
beginning July 1 with a 17,500 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 
20,000 coho, a decrease from the 38,500-coho quota in 2007.

Management Measures for 2009 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 2009 fishing seasons 
opening earlier than May 1 are also established in this action. The 
Council recommended, and NMFS concurs, that the commercial season off 
Oregon from Cape Falcon to Humbug Mountain, from Humbug Mountain to the 
Oregon/California border and the recreational season off Oregon from 
Cape Falcon to the Oregon/California border will open in 2009 as 
indicated in the Season Description section. At the March 2009 meeting, 
the Council may consider inseason recommendations to adjust the 
commercial season prior to May 1 in the areas off Oregon.

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 2008 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 in the Federal Register as soon as practicable.
    The following are the management measures recommended by the 
Council and approved and implemented here for 2008 and, as specified, 
for 2009.

Section 1. Commercial Management Measures for 2008 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 3 through earlier of June 30 or 11,700 Chinook quota. Saturday 
through Tuesday with a landing and possession limit of 50 Chinook per 
vessel for each open period north of Leadbetter Point or 50 Chinook 
south of Leadbetter Point (c.1). All salmon except coho (c.7). Cape 
Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia 
Control Zones closed (c.5). See gear restrictions and definitions (c.2, 
C.3). Oregon State regulations require that fishers south of Cape 
Falcon, OR intending to fish within this area notify the Oregon 
Department of Fish and Wildlife (ODFW) before transiting the Cape 
Falcon, OR line (45[deg]46'00'' N. lat.) at the following number: 541-
867-0300 Ext. 271. Vessels must land and deliver 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 or 
in possession of salmon while fishing north of Leadbetter Point must 
land and deliver their fish within the area and north of Leadbetter 
Point. Vessels fishing or in possession of salmon while fishing south 
of Leadbetter Point must land and deliver their fish within the area 
and south of Leadbetter Point, except that Oregon permitted vessels may 
also land their fish in Garibaldi, Oregon. Oregon State regulations 
require that all fishers landing salmon into Oregon from any fishery 
between Leadbetter Point, Washington and Cape Falcon, Oregon must 
notify ODFW within one 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

[[Page 23975S]]

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 1 through earlier of September 16 or 8,300 preseason Chinook 
guideline (c.8) or a 4,000-marked coho quota (C.8.d). Open July 1-2, 
then Saturday through Tuesday thereafter. Landing and possession limit 
of 35 Chinook and 25 coho per vessel per open period north of 
Leadbetter Point or 35 Chinook and 25 coho south of Leadbetter Point 
(c.1). All Salmon except no chum retention north of Cape Alava, 
Washington in August and September (c.7). All coho must have a healed 
adipose fin clip (C.8.d). Gear restricted to plugs six inches (15.24 
cm) or longer. See gear restrictions and definitions (c.2, C.3). Cape 
Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia 
Control Zones closed (c.5). Oregon State regulations require that 
fishers south of Cape Falcon, OR intending to fish within this area 
notify Oregon Department of Fish and Wildlife before transiting the 
Cape Falcon, OR line (45[deg]46'00'' N. lat.) at the following number: 
541-867-0300 Ext. 271. Vessels must land and deliver 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 or 
in possession of salmon while fishing north of Leadbetter Point must 
land and deliver their fish within the area and north of Leadbetter 
Point. Vessels fishing or in possession of salmon while fishing south 
of Leadbetter Point must land and deliver their fish within the area 
and south of Leadbetter Point, except that Oregon permitted vessels may 
also land their fish in Garibaldi, Oregon. Oregon State regulations 
require that all fishers landing salmon into Oregon from any fishery 
between Leadbetter Point, Washington and Cape Falcon, Oregon must 
notify ODFW within one 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, OR Cape Falcon to Humbug Mountain
    Closed in 2008. In 2009, the season will open March 15 for all 
salmon except coho. This opening could be modified following Council 
review at its March 2009 meeting.
Humbug Mountain to Oregon/California Border
    Closed in 2008. In 2009, the season will open March 15 for all 
salmon except coho. This opening could be modified following Council 
review at its March 2009 meeting.
Oregon/California Border to U.S./Mexico Border Closed.

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
Cape Falcon to OR-CA Border........            28.0            21.5            16.0            12.0  ...........
OR-CA Border to US-Mexico Border...  ..............  ..............  ..............  ..............  ...........
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 19.5 in = 49.5
  cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. Compliance with Minimum Size or Other Special Restrictions
    All salmon on board a vessel must meet the minimum size, landing/
possession limit, or other special requirements for the area being 
fished and the area in which they are landed if the area is open. 
Salmon may be landed in an area that has been closed more than 96 hours 
only if they meet the minimum size, landing/possession limit, or other 
special requirements for the area in which they were caught. Salmon may 
be landed in an area that has been closed less than 96 hours only if 
they meet the minimum size, landing/possession limit, or other special 
requirements for the areas in which they were caught and landed.
    States may require fish landing/receiving tickets to be kept on 
board the vessel for 90 days after landing to account for all previous 
salmon landings.
C.2. Gear Restrictions: Salmon May Be Taken Only by Hook and Line Using 
Barbless Hooks
    a. Single point, single shank, barbless hooks are required in all 
fisheries.
    b. Cape Falcon, Oregon, to the OR/CA border: No more than 4 spreads 
are allowed per line.
    c. OR/CA 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
    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.
    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.
    Spread defined: A single leader connected to an individual lure or 
bait.
    Circle hook defined: A hook with a generally circular shape and a 
point which turns inward, pointing directly to the shank at a 90[deg] 
angle.
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 are in possession.
C.5. Control Zone Definitions
    a. Cape Flattery Control Zone--The area from Cape Flattery 
(48[deg]23'00'' N. lat.) to the northern boundary of the U.S. EEZ; and 
the area from Cape Flattery south to Cape Alava (48[deg]10'00'' N. 
lat.) and east of 125[deg]05'00'' W. long.
    b. Mandatory Yelloweye Rockfish Conservation Area--The area in 
Washington Marine Catch Area 3 from 48[deg]00.00' N. lat.; 
125[deg]14.00' W. long. to

[[Page 23976]]

48[deg]02.00' N. lat.; 125[deg]14.00' W. long. to 48[deg]02.00' N. 
lat.; 125[deg]16.50' W. long. to 48[deg]00.00' N. lat.; 125[deg]16.50' 
W. long. and connecting back to 48[deg]00.00' N. lat.; 125[deg]14.00' 
W. long.
    c. Columbia Control Zone--An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy 4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W. 
long.) and the green lighted Buoy 7 (46[deg]15'09'' N. lat., 
124[deg]06'16'' W. long.); on the east, by the Buoy 10 line 
which bears north/south at 357[deg] true from the south jetty at 
46[deg]14'00'' N. lat., 124[deg]03'07'' W. long. to its intersection 
with the north jetty; on the north, by a line running northeast/
southwest between the green lighted Buoy 7 to the tip of the 
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long.), and 
then along the north jetty to the point of intersection with the Buoy 
10 line; and, on the south, by a line running northeast/
southwest between the red lighted Buoy 4 and tip of the south 
jetty (46[deg]14'03'' N. lat., 124[deg]04'05'' W. long.), and then 
along the south jetty to the point of intersection with the Buoy 
10 line.
    d. Bandon High Spot Control Zone--The area west of a line between 
43[deg]07'00'' N. lat.; 124[deg]37'00'' W. long. and 42[deg]40'30'' N. 
lat; 124[deg] 52'0'' W. long. extending to the western edge of the 
exclusive economic zone (EEZ).
    e. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N. lat. (approximately six 
nautical miles north of the Klamath River mouth); on the west, by 
124[deg]23'00'' W. long. (approximately 12 nautical miles off shore); 
and on the south, by 41[deg]26'48'' N. lat. (approximately six nautical 
miles 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 (81.28 cm) in total length, 
measured from the tip of the lower jaw with the mouth closed to the 
extreme end of the middle of the tail, and must be landed with the head 
on. License applications for incidental harvest must be obtained from 
the International Pacific Halibut Commission (phone: 206-634-1838). 
Applicants must apply prior to April 1 of each year. Incidental harvest 
is authorized only during May and June troll seasons and after June 30 
if quota remains and if announced on the NMFS hotline (phone: 800-662-
9825). ODFW and Washington Department of Fish and Wildlife (WDFW) will 
monitor landings. If the landings are projected to exceed the 37,707 
pound 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 one Pacific 
halibut per each two Chinook, except one Pacific halibut may be landed 
without meeting the ratio requirement, and no more than 35 halibut may 
be landed per open period. Pacific halibut retained must be no less 
than 32 inches in total length (with head on).
    A ``C-shaped'' yelloweye rockfish conservation area (YRCA) is an 
area to be voluntarily 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 Pacific 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 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 if there is agreement among the areas' 
representatives on the Salmon Advisory Subpanel (SAS).
    c. At the March 2009 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2008).
    d. If retention of unmarked coho is permitted in the area from the 
U.S./Canada border to Cape Falcon, Oregon, 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
    a. The State of Oregon may establish additional late-season 
fisheries in state waters. Check state regulations for details.
    b. The State of California may establish limited fisheries in 
selected state waters.
C.10. For the purposes of California Department of Fish and Game (CDFG) 
Code, section 8232.5, the definition of the Klamath Management Zone 
(KMZ) for the ocean salmon season shall be that area from Humbug Mt., 
Oregon, to Horse Mt., California.

Section 2. Recreational Management Measures for 2008 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 Leadbetter Point
    June 1 through earlier of June 28 or a quota of 8,200 Chinook 
(c.5). Tuesday through Saturday north of the Queets River (Neah Bay and 
La Push Subareas) and Sunday through Thursday south of the Queets River 
(Westport subarea). Chinook only, one fish per day. Chinook 24-inch 
(60.96 cm) total length minimum size limit (B). See gear restrictions 
(c.2). Inseason management may be used to sustain season length and 
keep harvest within the overall

[[Page 23977]]

Chinook recreational TAC for north of Cape Falcon (c.5).
Leadbetter Point to Cape Falcon (Columbia River Subarea)
    June 1 through earlier of June 28 or a subarea guideline of 5,300 
Chinook (c.5). Seven days per week. Chinook only, one fish per day. 
Chinook 24-inch (60.96 cm) total length minimum size limit (B). See 
gear restrictions (c.2). 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).
U.S./Canada Border to Cape Alava (Neah Bay)
    July 1 through earlier of September 13 or 2,060 marked coho subarea 
quota with a subarea guideline of 950 Chinook (c.5). Tuesday through 
Saturday. All salmon two fish per day, no more than one of which can be 
a Chinook and no chum retention August 1 through Sept. 13. Chinook 24-
inch total length minimum size limit (B). All retained coho must be 
marked with a healed adipose fin clip. See gear restrictions (c.2). 
Closed east of a true north-south line running through Sail Rock in 
July. Beginning August 1, Chinook non-retention east of the Bonilla-
Tatoosh line (C.4.a) 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 (La Push Subarea)
    July 1 through earlier of September 13 or 540 marked coho subarea 
quota with a subarea guideline of 350 Chinook (C5). September 20 
through earlier of October 5 or 50 marked coho quota or 100 Chinook 
quota (C5): In the area north of 47[deg]50[min]00[sec] N. lat. and 
south of 48[deg]00[min]00[sec] N. lat. (C.6). Tuesday through Saturday 
through September 13. All salmon, two fish per day, no more than one of 
which can be a Chinook. Chinook 24-inch (60.96 cm) total length minimum 
size limit (B). All retained coho must be marked with a healed adipose 
fin clip. See gear restrictions (C.2). Inseason management may be used 
to sustain season length and keep harvest within the overall Chinook 
recreational TAC for north of Cape Falcon (C.5).
Queets River to Leadbetter Point (Westport Subarea)
    June 29 through earlier of September 13 or 7,520 marked coho 
subarea quota with a subarea guideline of 5,100 Chinook (C.5). Sunday 
through Thursday. All salmon, two fish per day, no more than one of 
which can be a Chinook. Chinook 24-inch total length minimum size limit 
(B). All retained coho must be marked with a healed adipose fin clip. 
See gear restrictions and definitions (C.2, C.3). Grays Harbor Control 
Zone closed beginning August 1 (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 (Columbia River Subarea)
    June 29 through earlier of September 30 or 10,180 marked coho 
subarea quota with any remainder of the 5,300 Chinook subarea guideline 
from the June Chinook directed fishery (C.5). Sunday through Thursday. 
All salmon, two fish per day, no more than one of which can be a 
Chinook. Chinook 24-inch (60.96 cm) total length minimum size limit 
(B). All retained coho must be marked with a healed adipose fin clip. 
See gear restrictions and definitions (C.2, C.3). Columbia Control Zone 
closed (C.4.c). 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).
South of Cape Falcon, OR Cape Falcon to the Oregon/California Border
    June 22 through earlier of August 31 or a landed catch of 9,000 
marked coho (C.6). Seven days per week. All salmon except Chinook, two 
fish per day (C.1). All retained coho must be marked with 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, June 24, 2005, and call the 
halibut fishing hotline 1-800-662-9825 for additional dates) (C.3, 
C.4.d). Open days may be adjusted inseason to utilize the available 
quota (C.5).
    In 2009, the season between Cape Falcon and Humbug Mt. will open 
March 15 for all salmon except coho, two fish per day (C.1). Chinook 
minimum size limit of 24 inches (60.96 cm) total length (B).
Oregon/California Border to U.S./Mexico Border
    Closed.

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 OR-CA Border............       24.0       16.0       None
OR-CA Border to Horse Mountain.........  .........       16.0  .........
Horse Mt. to U.S.-Mexico Border........  .........  .........  .........
------------------------------------------------------------------------
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: Salmon May be Taken Only by Hook and Line Using 
Barbless Hooks
    All persons fishing for salmon, and all persons fishing from a boat 
with salmon on board, must meet the gear restrictions listed below for 
specific areas or seasons.
    a. U.S./Canada Border to Point Conception, California: No more than 
one rod may be used per angler; and no more than two single point, 
single shank barbless hooks are required for all fishing gear. [Note: 
ODFW regulations in the state-water fishery off Tillamook Bay may allow 
the use of barbed hooks to be consistent with inside regulations.]
    b. Cape Falcon, Oregon, to Point Conception, California: Anglers 
must

[[Page 23978]]

use no more than two single point, single shank, barbless hooks.
    c. Horse Mt., California, to Point Conception, California: Single 
point, single shank, barbless circle hooks (below) are required when 
fishing with bait by any means other than trolling, and no more than 
two such hooks shall be used. When angling with two hooks, the distance 
between the hooks must not exceed five inches when measured from the 
top of the eye of the top hook to the inner base of the curve of the 
lower hook, and both hooks must be permanently tied in place (hard 
tied). Circle hooks are not required when artificial lures are used 
without bait.
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 includes any 
activity which can reasonably be expected to result in the catching, 
taking, or harvesting of fish.
    b. 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. 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. Control Zone Definitions
    a. The Bonilla-Tatoosh Line: A line running from the western end of 
Cape Flattery to Tatoosh Island Lighthouse (48[deg]23'30'' N. lat., 
124[deg]44'12'' W. long.) to the buoy adjacent to Duntze Rock 
(48[deg]28'00'' N. lat., 124[deg]45'00'' W. long.), then in a straight 
line to Bonilla Point (48[deg]35'30'' N. lat., 124[deg]43'00'' W. 
long.) on Vancouver Island, British Columbia.
    b. Grays Harbor Control Zone--The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53[min]18[sec] N. lat., 
124[deg]07[min]01[sec] W. long.) to Buoy 2 
(46[deg]52[min]42[sec] N. lat., 124[deg]12'42'' W. long.) to Buoy 
3 (46[deg]55[min]00[sec] N. lat., 124[deg]14'48'' W. long.) to 
the Grays Harbor north jetty (46[deg]36[min]00[sec] N. lat., 
124[deg]10'51'' W. long.).
    c. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy 4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W. 
long.) and the green lighted Buoy 7 (46[deg]15'09'' N. lat., 
124[deg]06'16'' W. long.); on the east, by the Buoy 10 line 
which bears north/south at 357[deg] true from the south jetty at 
46[deg]14'00'' N. lat., 124[deg]03'07'' W. long. to its intersection 
with the north jetty; on the north, by a line running northeast/
southwest between the green lighted Buoy 7 to the tip of the 
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long. and then 
along the north jetty to the point of intersection with the Buoy 
10 line; and on the south, by a line running northeast/
southwest between the red lighted Buoy 4 and tip of the south 
jetty (46[deg]14'03'' N. lat., 124[deg]04'05'' W. long.), and then 
along the south jetty to the point of intersection with the Buoy 
10 line.
    d. 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.

    e. Klamath Control Zone: The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48[sec] N. lat. (approximately six 
nautical miles north of the Klamath River mouth); on the west, by 
124[deg]23'00[sec] W. long. (approximately 12 nautical miles off 
shore); and, on the south, by 41[deg]26'48[sec] N. lat. (approximately 
6 nautical miles south of the Klamath River mouth).
C.5. Inseason Management
    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 by NMFS:
    a. Actions could include modifications to bag limits, or days open 
to fishing, and extensions or reductions in areas open to fishing.
    b. 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 
SAS recreational representatives north of Cape Falcon.
    c. 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 Salmon Advisory 
Subpanel (SAS).
    d. If retention of unmarked coho is permitted in the area from the 
U.S./Canada border to Cape Falcon, Oregon, 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 Territorial Waters
    Consistent with Council management objectives, the States of 
Washington, Oregon, and California 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 2008 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
    May 1 through the earlier of June 30 or 20,000 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 17,500 preseason 
Chinook quota, or 20,000 coho quota.
    All Salmon. See size limit (B) and other restrictions (C).

[[Page 23979]]

B. Minimum Size (Inches)

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

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.

S'KLALLAM--Washington State Statistical Area 4B (All).
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 
Pt.) 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]53'18'' N. 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 eight 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[deg]02'15'' N. lat. (Norwegian Memorial) and east of 
125[deg]44'00'' W. long.)
C.3. Quotas
    a. The quotas include troll catches by the S'Klallam and Makah 
tribes in Washington State Statistical Area 4B from May 1 through 
September 15.
    b. 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, 2005, 2006, and 2007. Fish taken during this 
fishery are to be counted against treaty troll quotas established for 
the 2008 season (estimated harvest during the October ceremonial and 
subsistence fishery: 100 Chinook; 200 coho).
C.4. Area Closures
    a. The area within a six nautical mile radius of the mouths of the 
Queets River (47[deg]31'42'' N. lat.) and the Hoh River (47[deg]45'12'' 
N. lat.) will be closed to commercial fishing.
    b. A closure within two nautical miles of the mouth of the Quinault 
River (47[deg]21'00'' N. lat.) may be enacted by the Quinault Nation 
and/or the State of Washington and will not adversely affect the 
Secretary of Commerce's management regime.
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 March 7, 2008, NMFS published 
a final rule (73 FR 12280) to implement the International Pacific 
Halibut Commission's (IPHC) recommendations, to announce fishery 
regulations for U.S. waters off Alaska and fishery regulations for 
treaty commercial and ceremonial and subsistence fisheries, some 
regulations for non-treaty commercial fisheries for U.S. waters off the 
West Coast, and approval of and implementation of the Area 2A Pacific 
halibut Catch Sharing Plan and the Area 2A management measures for 
2008. 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. 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 (81.28 cm) 
in total length, measured from the tip of the lower jaw with the mouth 
closed to the extreme end of the middle of the tail, and must be landed 
with the head on. License applications for incidental harvest must be 
obtained from the International Pacific Halibut Commission (phone: 206-
634-1838). Applicants must apply prior to April 1 of each year. 
Incidental harvest is authorized only during May and June troll seasons 
and after June 30 if quota remains and if announced on the NMFS hotline 
(phone: 800-662-9825). ODFW and WDFW will monitor landings. If the 
landings are projected to exceed the 37,707 pound 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 one Pacific 
halibut per each two Chinook, except one Pacific halibut may be landed 
without meeting the ratio requirement, and no more than 35 halibut may 
be landed per open period. Pacific halibut retained must be no less 
than 32 inches in total length (with head on).
    NMFS and the Council request that salmon trollers voluntarily avoid 
a ``C-shaped'' YRCA (North Coast Recreational YRCA) 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.

[[Page 23980]]

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 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 rule is necessary for conservation and management and is 
consistent with the Magnuson-Stevens Act.
    The emergency rule temporarily modifying the conservation objective 
for Sacramento River fall Chinook is consistent with the agency's 
policy on use of emergency actions under the Magnuson-Stevens Act 
published at 62 FR 44422 (Thursday, August 21, 1997). The emergency, in 
this case, is a consequence of a predicted run size that is less than 
the lower end of the 122,000-180,000 spawner escapement range. The run 
size forecast was not available until February of 2008 and was thus 
unforeseen. These emergency circumstances present serious conservation 
and management problems. The emergency regulations provide the 
opportunity to address the conservation problem consistent with the 
requirement to manage, on a continuing basis, for maximum sustained 
yield, and still provide some limited harvest opportunity. Without use 
of emergency regulations, the Pacific Coast Salmon Fishery Management 
Plan (Salmon FMP) would require closure of all salmon fishing south of 
Cape Falcon, Oregon, causing severe social and economic hardship in the 
coastal communities. The limited mark-selective recreational coho 
fishery off Oregon that will require the emergency regulations to 
implement will result in a marginal decrease in the SRFC escapement 
while alleviating some adverse effects to the fishing community.
    This notification of annual management measures is exempt from 
review under Executive Order 12866.
    The Assistant Administrator has determined that the measures 
described in the preamble that deviate from the framework FMP and its 
implementing regulations are necessary to respond to an emergency 
situation and are consistent with the Magnuson-Stevens Act and other 
applicable law. The measures falling under emergency authority of 
section 305(C) of the Magnuson-Stevens Act (emergency rule) involve an 
ocean impact of approximately 55 Sacramento River fall Chinook in the 
SRFC impact area to allow a mark-selective recreational fishery for 
hatchery coho to proceed off of Oregon. Because SRFC are not projected 
to meet the conservation objective established in the FMP, it is 
necessary to amend those portions of the framework FMP and its 
implementing regulations by emergency action pursuant to 16 U.S.C. 
1855(C).
    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 16, 2008. These regulations are being 
promulgated under the authority of 16 U.S.C. 1855(C) and (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 and contrary to the public interest.
    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 two-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 2006 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 stocks and Endangered Species Act (ESA) listed 
stocks, and provide harvest opportunity where appropriate. For example, 
58,000 Chinook were caught off California during May and June of 2007. 
If fishing were allowed in 2008 under last year's regulations a similar 
number of Chinook could be caught. Under the recommended 2008 
regulations, this May and June fisheries will be closed. Conversely, 
north of Cape Falcon the recreational fishing was closed in May and 
June of 2007. Under the recommended 2008 regulations, the recreational 
fishery is open in June with a quota of 13,500. Managing fisheries in 
May and June of 2008 under 2007 regulations would limit harvest 
opportunity that could otherwise be available. The choice of May 1 as 
the beginning of the regulatory season balances the need to gather and 
analyze

[[Page 23981]]

the data needed to meet the management objectives of the Salmon FMP and 
the requirements to provide adequate public notice and comment on the 
regulations implemented by NMFS.
    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. 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 and contrary to the public 
interest 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, including Sacramento 
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 Web sites (http://www.nwr.noaa.gov and http://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 
the Office of Management and Budget (OMB) under control number 0648-
0433. The public reporting burden for providing notifications if 
landing area restrictions cannot be met, or to obtain shelter 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 (see 
ADDRESSES) and by e-mail to [email protected], or fax to 202-
395-7285.
    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.
    NMFS has current ESA biological opinions that cover fishing under 
these regulations on all listed salmon species, except Lower Columbia 
River (LCR) coho and LCR Chinook. NMFS reiterated their ESA related 
consultation standards in their annual Guidance letter to the Council 
dated February 26, 2008. Some of NMFS's past biological opinions have 
found no jeopardy, and others have found jeopardy, but provided 
reasonable and prudent alternatives to avoid jeopardy. The management 
measures for 2008 are consistent with the biological opinions that 
found no jeopardy, and with the reasonable and prudent alternatives in 
the jeopardy biological opinions. NMFS also consulted this year on the 
effects of the 2008 annual regulations on LCR coho and LCR Chinook. 
NMFS concluded that the proposed 2008 fisheries are not likely to 
jeopardize the continued existence of LCR coho and LCR Chinook. The 
Council's recommended management measures therefore comply with NMFS's 
consultation standards and guidance for all listed salmon species which 
may be affected by Council fisheries. In most cases, the recommended 
measures result in impacts that are more restrictive than NMFS's ESA 
requirements.
    Southern resident killer whales were listed as endangered effective 
February 16, 2006. NMFS consulted on the effects of the 2006 and 2007 
fisheries on killer whales and concluded that the fisheries were not 
likely to jeopardize the continued existence of the species. NMFS is 
again consulting regarding the effects on the 2008 fisheries on killer 
whales through a separate biological opinion. NMFS expects to complete 
the consultation prior to May 1, 2008. While the consultation may not 
be completed prior to approval of this action, NMFS has determined that 
the anticipated fisheries will not make any irreversible or 
irretrievable commitment of resources with respect to the agency action 
which has the effect of foreclosing the formulation or implementation 
of any reasonable and prudent alternative measures. In the event that 
the review suggests that further constraints in the 2008 fisheries are 
necessary, appropriate corrections can be made by NMFS through inseason 
action.
    This final rule was developed after meaningful consultation and 
collaboration with the affected tribes. The tribal representative on 
the Council made the motion for the regulations that apply to the 
tribal vessels.

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

    Dated: April 29, 2008.
Samuel D. Rauch,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
 [FR Doc. E8-9687 Filed 4-30-08; 8:45 am]
BILLING CODE 3510-22-P