[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20610-20620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10308]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 090324366-9371-01]
RIN 0648-AX81


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2009 Management Measures

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

ACTION: Final rule; request for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2009 
ocean salmon fisheries off Washington, Oregon, and California and the 
2010 salmon seasons opening earlier than May 1, 2010. 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, 2009, until the effective date of the 2010 management measures, 
as published in the Federal Register.
    Comments must be received by May 20, 2009.

ADDRESSES: You may submit comments, identified by 0648-AX81, 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: Peggy Busby, or 562-980-4047 Attn: 
Jennifer Is[eacute]
     Mail: Barry A. Thom, Acting 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 (enter N/A in the required fields if you wish to 
remain anonymous). 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 (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: Peggy Busby at 206-526-4323, or 
Jennifer Is[eacute] at 562-980-4046.

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

[[Page 20611]]

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 2009 and pre-May 2010 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 2 to 9, 2009, meeting.

Schedule Used to Establish 2009 Management Measures

    The Council announced its annual preseason management process for 
the 2009 ocean salmon fisheries in the Federal Register on December 18, 
2008 (73 FR 77010), and on their Web site at (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 and on the Council's Web site 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. All four reports were posted on 
the Council's web site and otherwise made available to the Council, its 
advisors, and the public upon their completion. The first of the 
reports was prepared in February when the scientific information 
necessary for crafting management measures for the 2009 and pre-May 
2010 ocean salmon fishery first became available. The first report, 
``Review of 2008 Ocean Salmon Fisheries,'' summarizes biological and 
socio-economic data for the 2008 ocean salmon fisheries and assesses 
how well the Council's 2008 management objectives were met. The second 
report, ``Preseason Report I Stock Abundance Analysis for 2009 Ocean 
Salmon Fisheries'' (PRE I), provides the 2009 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2008 regulations and regulatory procedures were 
applied to the projected 2009 stock abundances. The completion of PRE I 
is the initial step in evaluating the full suite of preseason options.
    Following completion of the first two reports, the Council met in 
Seattle, WA from March 7 to 13, 2009, to develop 2009 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 2009 Ocean Salmon Fisheries,'' which analyzes 
the effects of the proposed 2009 management options.
    Public hearings, sponsored by the Council, to receive testimony on 
the proposed options were held on March 30, 2009, in Westport, WA and 
Coos Bay, OR; and March 31, 2009, 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 2 to 9, 2009, in Millbrae, CA to adopt 
its final 2009 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 2009 Ocean Salmon Fisheries,'' which analyzes the environmental and 
socio-economic effects of the Council's final recommendations. After 
the Council took final action on the annual ocean salmon specifications 
in April, it published the recommended management measures in its 
newsletter and also posted them on the Council Web site 
(www.pcouncil.org).

Resource Status

    Fisheries south of Cape Falcon, OR are limited primarily by the 
status of Sacramento River fall Chinook salmon. Fisheries north of Cape 
Falcon are limited by Lower Columbia River Chinook salmon, Lower 
Columbia River coho salmon, and Oregon Coast coho, stocks which are all 
listed under the Endangered Species Act (ESA), and by Thompson River 
coho from Canada. At the start of the preseason planning process for 
the 2009 management season, NMFS provided a letter to the Council, 
dated March 3, 2009, summarizing its 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.
    The Sacramento River fall Chinook salmon stock (SRFC) failed to 
meet its conservation objective of 122,000-180,000 adult natural and 
hatchery spawners in 2007 and 2008 (87,881 and 66,264 spawners 
respectively). The preseason forecast for SRFC escapement in 2009, in 
the absence of fishing, is 122,200. SRFC is the major contributing 
stock to ocean Chinook salmon fisheries off Oregon and California. To 
conserve this stock, the Council proposed no commercial fisheries on 
Chinook salmon for 2009 ocean fisheries south of Cape Falcon, Oregon, 
and a recreational Chinook salmon fishery that is restricted in time 
and place to target Klamath River fall Chinook salmon, which are 
projected to be well above their escapement goal. In addition to ocean 
fishing, SRFC is vulnerable to in-river fisheries that target late fall 
Chinook salmon, a separately managed stock. The in-river fishery is 
managed by the State of California and is thus outside the Council's 
jurisdiction. In March 2009, the Council's Salmon Technical Team met 
with representatives of the California Department of Fish and Game; it 
was agreed at this meeting that if the late fall Chinook salmon fishery 
were to begin after November 15, and occur only between Knights Landing 
and Red Bluff Diversion Dam, incidental harvest of SRFC would be 
negligible. The California Fish and Game Commission met on April 21, 
2009 and confirmed that the Sacramento River late fall Chinook salmon 
fishery in 2009 will occur November 16 through December 31, and occur 
only between Knights Landing and Red Bluff Diversion Dam, resulting in 
negligible incidental harvest of SRFC.
    NMFS consulted under ESA section 7 and provided guidance to the 
Council regarding the effects of the 2009 fisheries on the Lower 
Columbia River (LCR) Chinook salmon Evolutionarily Significant Unit 
(ESU). NMFS has completed a Biological Opinion concluding that the 
proposed 2009 fisheries are not likely to jeopardize the continued 
existence of LCR Chinook.
    The LCR Chinook salmon ESU is comprised of a spring component, a 
``far-north'' migrating bright component, and a component of north 
migrating tules. The bright and tule components both have fall run 
timing. The 2004 Interim Regional Recovery Plan identified twenty-one 
separate populations within the tule component

[[Page 20612]]

of this ESU. Unlike the spring or bright populations of the ESU, LCR 
tule populations are caught in large numbers in Council fisheries, as 
well as fisheries to the north and in the Columbia River. Therefore 
this component of the ESU is the one most likely to constrain Council 
area fisheries. Total exploitation rate on tule populations has been 
reduced from 49 percent in 2006, to 42 percent in 2007, and then to 41 
percent in 2008.
    The United States recently approved a new Pacific Salmon Treaty 
(PST) Agreement that was negotiated and recommended by the Pacific 
Salmon Commission. That Agreement includes a new Chinook salmon regime 
that reduces the allowable annual Chinook salmon catch by 30 percent in 
Canada's West Coast Vancouver Island (WCVI) troll and sport fishery and 
15 percent in Alaska's Southeast Alaska all-gear fishery. Lower 
Columbia River tule Chinook salmon in particular will benefit from the 
reduction in the WCVI fishery. The United States negotiated for harvest 
reductions in Canadian intercepting fisheries largely to benefit the 
escapement of natural origin stocks. LCR tule and Puget Sound Chinook 
salmon were specifically identified to Canada as the intended 
beneficiaries of these reductions. NMFS indicated in its biological 
opinion on the PST Agreement that it intended to ensure that reductions 
in tule harvest secured by the new agreement would be passed through to 
escapement. In 2008 the total exploitation rate on LCR tule Chinook 
salmon was limited to a maximum of 41 percent. NMFS estimated in its 
biological opinion on the new PST Agreement that the catch reductions 
in the northern fisheries would reduce the exploitation rate on tule 
Chinook salmon by approximately three percentage points relative to 
what would have occurred under the previous Chinook salmon regime. 
Therefore, for 2009, Council fisheries should be managed such that the 
total exploitation rate in all fisheries on LCR tule Chinook salmon 
does not exceed 38 percent. This reduction is a further step intended 
to address the needs of the LCR Chinook salmon ESU and the weaker tule 
populations in the ESU in particular. NMFS intends to develop a longer-
term biological opinion for LCR Chinook salmon in 2010 that will 
provide more certainty regarding harvest limits that would be required 
for LCR Chinook salmon in the future.
    In 2008, NMFS conducted section 7 consultation and issued a 
biological opinion regarding the effects of Council fisheries and 
fisheries in the Columbia River on LCR coho. The states of Oregon and 
Washington have focused on use of a harvest matrix for LCR coho, 
developed by Oregon, following their listing under Oregon's State ESA. 
Under the matrix the allowable harvest in a given year depends on 
indicators of marine survival and brood year escapement. The matrix has 
both ocean and in-river components which can be combined to define a 
total exploitation rate limit for all ocean and in-river fisheries. 
Generally speaking, NMFS supports use of management planning tools that 
allow harvest to vary depending on the year-specific circumstances. 
Conceptually, we think Oregon's approach is a good one. However, NMFS 
has taken a more conservative approach for LCR coho in recent years 
because of unresolved issues related to application of the matrix. NMFS 
will continue to apply the matrix as we have in the past, by limiting 
the total harvest to that allowed under the matrix for the ocean 
fisheries. For 2009, the harvest matrix prescribes an ocean 
exploitation rate of 20 percent, and a combined ocean and freshwater 
exploitation rate of 29.2 percent. However, under these circumstances, 
the 2008 biological opinion limits the overall exploitation rate to 
that specified in the ocean portion of the matrix. As a consequence, 
ocean salmon fisheries under the Council's jurisdiction in 2009, and 
commercial and recreational salmon fisheries in the mainstem Columbia 
River, including select area fisheries (e.g., Youngs Bay), must be 
managed subject to a total exploitation rate limit on LCR coho not to 
exceed 20 percent. Recommended management measures that would affect 
LCR coho are consistent with this requirement.
    The ESA listing status of Oregon Coast (OC) coho has changed over 
the years. On February 11, 2008, NMFS again listed OC coho as 
threatened under the ESA (73 FR 7816 February 11, 2008). Regardless of 
their listing status, the Council has managed OC coho consistent with 
the terms of Amendment 13 of the Salmon FMP and subsequent guidance 
provided by the 2000 ad hoc Work Group appointed by the Council. NMFS 
concluded that the management provisions for OC coho would not 
jeopardize the continued existence of the ESU through its section 7 
consultation on Amendment 13 in 1999, and has since supported use of 
the expert advice provided by the Council's ad hoc Work Group. For the 
2009 season, the applicable spawner status is in the ``low'' category 
while the marine survival index is in the ``medium'' category. Under 
this circumstance, the Work Group report requires that the exploitation 
rate be limited to no more than 15 percent. Recommended management 
measures that would affect OC coho are consistent with this 
requirement.
    Interior Fraser (Thompson River) coho, a Canadian stock, continues 
to be depressed, remaining in the ``low'' status category under the 
Pacific Salmon Treaty and, along with LCR coho, is the coho stock most 
limiting the 2009 ocean fisheries north of Cape Falcon. The recommended 
management measures satisfy the maximum 10.0 percent total U.S. 
exploitation rate called for by the Pacific Salmon Treaty agreements 
and the Salmon FMP, with a marine exploitation rate of 9.8 percent in 
U.S. fisheries.

Management Measures for 2009 Fisheries

    The Council-recommended ocean harvest levels and management 
measures for the 2009 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 socioeconomic 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 2009 management measures have a similar 
Chinook salmon quota and a substantially higher coho quota relative to 
the 2008 season. The total allowable catch for 2009 is 80,000 Chinook 
and 270,000 marked hatchery coho. These fisheries are restricted to 
protect threatened Lower Columbia River Chinook, threatened Lower 
Columbia River coho, threatened Oregon Coastal Natural coho, and coho 
salmon from the Thompson River in Canada. Washington coastal and Puget 
Sound Chinook generally migrate to the far north and are not 
significantly affected by ocean harvests from Cape Falcon, OR, to the 
U.S.-Canada border. Nevertheless, ocean fisheries in combination with 
fisheries inside Puget Sound are also restricted in order to meet ESA 
related conservation objectives for Puget Sound Chinook. North of Cape 
Alava, WA, the Council recommended a provision prohibiting retention of 
chum salmon during

[[Page 20613]]

August and September to protect ESA listed Hood Canal summer chum. The 
Council has recommended such a prohibition for the last eight years.
    South of Cape Falcon, OR, the commercial salmon fishery will be 
limited to an 11,000-fish quota of coho between Cape Falcon and Humbug 
Mountain, Oregon. There will be no commercial salmon fishery on Chinook 
salmon south of Cape Falcon in 2009 because Sacramento River Fall 
Chinook salmon are projected to be at the lower end of the range of 
their conservation objective, even with no fishing on the stock. 
Recreational fisheries south of Cape Falcon will have a quota of 
117,000 marked hatchery coho, thus providing increased opportunity for 
coho fishing off Oregon compared to 2008. Recreational fisheries for 
Chinook salmon south of Cape Falcon will be limited to a 10-day season, 
August 29 through September 7, in the Klamath Management Zone (Humbug 
Mountain, Oregon to Horse Mountain, California) with a quota of 30,800 
Chinook salmon.
    The treaty-Indian commercial troll fishery quota is 39,000 Chinook 
in ocean management areas and Washington State Statistical Area 4B 
combined. This quota is slightly higher than the 37,500-Chinook quota 
in 2008. The fisheries include a Chinook-directed fishery in May and 
June with a quota of 19,000 Chinook, and an all-salmon season beginning 
July 1 with a 20,000 Chinook sub-quota. The coho quota for the treaty-
Indian troll fishery in ocean management areas, including Washington 
State Statistical Area 4B, for the July-September period is 60,000 
coho, a substantial increase from the 20,000-coho quota in 2008.

Management Measures for 2010 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 2010 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 Humbug Mountain and off California south of Horse 
Mountain will open in 2010 as indicated in the Season Description 
section. At the March 2010 meeting, the Council may consider inseason 
recommendations to adjust the commercial season prior to May 1 in the 
areas off Oregon and California.

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 2009 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 2009 and, as specified, 
for 2010.

Section 1. Commercial Management Measures for 2009 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 13,735 Chinook quota. Open 
May 1-5, 8-12, then Saturday through Tuesday thereafter with a landing 
and possession limit of 75 Chinook per vessel for each open period 
north of Leadbetter Point or 75 Chinook south of Leadbetter Point (C.1, 
C.8.e). All salmon except coho (C.7). Mandatory Yelloweye Rockfish 
Conservation Area, Cape Flattery 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 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 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).
    July 1 through the earlier of September 15 or 6,765 preseason 
Chinook guideline (C.8) or a 33,600 marked coho quota (C.8.d). Open 
July 1-7, then Saturday through Tuesday thereafter, with a landing and 
possession limit of 40 Chinook and 200 coho per vessel for each open 
period north of Leadbetter Point or 40 Chinook and 200 coho south of 
Leadbetter Point (C.1, C.8.e). All Salmon except no chum retention 
north of Cape Alava, Washington beginning August 1 (C.7). All coho must 
be marked (C.8.d). Mandatory Yelloweye Rockfish Conservation Area, Cape 
Flattery 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 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

[[Page 20614]]

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
    September 1 through the earlier of September 30 or an 11,000 
preseason coho quota (C.8.f). All salmon except Chinook (B, C.8.f, 
C.9). Seven days per week with a landing and possession limit of 100 
coho per vessel per calendar week (Sunday through Saturday) (C.1, 
C.8.e), no coho mark-selective restriction (C.7). 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 2010, the season will open March 15 for all salmon except coho, 
with a 27 inch Chinook minimum size limit. This opening could be 
modified following Council review at its March 2010 meeting.
Humbug Mountain to Oregon/California Border
    Closed in 2009. In 2010, the season will open March 15 for all 
salmon except coho, with a 27 inch Chinook minimum size limit. This 
opening could be modified following Council review at its March 2010 
meeting.
Oregon/California Border to U.S./Mexico Border
    Closed.

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

----------------------------------------------------------------------------------------------------------------
                                                          Chinook                    Coho
                                                ----------------------------------------------------
                Area (when open)                    Total                     Total                      Pink
                                                    length      Head-off      length      Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.......................         28.0         21.5         16.0         12.0        None.
Cape Falcon to OR-CA Border....................           --           --         16.0         12.0        None.
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, 16.0in = 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, 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 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

[[Page 20615]]

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 29,362 
pound preseason allocation or the total Area 2A non-Indian commercial 
halibut allocation, NMFS will take inseason action to prohibit 
retention of halibut in the non-Indian salmon troll fishery.
    Beginning May 1, license holders may possess or land no more than 
one Pacific halibut per each two Chinook, except one Pacific halibut 
may be possessed or landed without meeting the ratio requirement, and 
no more than 35 halibut may be possessed or landed per trip. Pacific 
halibut retained must be no less than 32 inches in total length (with 
head on).
    A ``C-shaped'' yelloweye rockfish conservation area 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 on a fishery impact equivalent basis if 
there is agreement among the areas' representatives on the Salmon 
Advisory Subpanel (SAS).
    c. At the March 2010 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2009).
    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.
    e. Landing limits may be modified inseason to sustain season length 
and keep harvest within overall quotas.
    f. Marked coho remaining from the June through August Cape Falcon 
to OR/CA border recreational coho quota may be transferred to the Cape 
Falcon to Humbug Mt. non-Indian commercial non-mark-selective all 
salmon fishery on a fishery impact equivalent basis.
    C.9. State Waters Fisheries:
    Consistent with Council management objectives:
    a. The State of Oregon may establish additional late-season 
fisheries in state waters.
    b. The State of California may establish limited fisheries in 
selected state waters.
    Check state regulations for details.
    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 2009 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 (Neah Bay)
    June 27 through the earlier of September 20 or 18,350 marked coho 
subarea quota with a subarea guideline of 2,200 Chinook (C5). Tuesday 
through Saturday through July 17; seven days per week thereafter. All 
salmon except no chum retention beginning August 1 and no Chinook 
retention east of the Bonilla-Tatoosh line beginning August 1 during 
Council managed ocean fishery. Two fish per day, only one of which can 
be a Chinook, plus two additional pink salmon. Chinook 24-inch total 
length minimum size limit (B). All retained coho must be marked. 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).
Cape Alava to Queets River (La Push Subarea)
    June 27 through the earlier of September 20 or 4,480 marked coho 
subarea quota with a subarea guideline of 950 Chinook (C5).
    September 26 through the earlier of October 11 or 100 marked coho 
quota or 100 Chinook quota (C5) in the area north of 47[deg]50'00'' N. 
lat. and south of 48[deg]00'00'' N. lat. (C.6).
    Tuesday through Saturday through July 17; seven days per week 
thereafter. All salmon. Two fish per day, no more than one of which can 
be a Chinook, plus two additional pink salmon. All retained coho must 
be marked. Chinook 24-inch 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).

[[Page 20616]]

Queets River to Leadbetter Point (Westport Subarea)
    June 28 through the earlier of September 20 or 65,270 marked coho 
subarea quota with a subarea guideline of 11,850 Chinook (C.5). Sunday 
through Thursday through July 23, seven days per week thereafter. All 
salmon, two fish per day, no more than one of which can be a Chinook, 
plus one additional pink salmon. Chinook 24-inch total length minimum 
size limit) (B). All retained coho must be marked. See gear 
restrictions and definitions (C.2, C.3). Grays Harbor 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 28 through the earlier of September 30 or 88,200 marked coho 
subarea quota with a subarea guideline of 5,400 Chinook (C.5). Seven 
days per week. 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. 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 Humbug Mt.
    June 20 through the earlier of August 31 or an 110,000 marked coho 
quota for the area between Cape Falcon and the OR/CA border (C.5.e, 
C.6). Seven days per week. All salmon except Chinook, three fish per 
day (B, C.1). All retained coho must be marked.
    September 1 through the earlier of September 30 or a 7,000 
preseason marked coho quota (C.5.e, C.6). Seven days per week. All 
salmon except Chinook, two fish per day (B). All retained coho must be 
marked. Coho remaining from the June through August recreational 
110,000 coho quota may be transferred inseason to the coho quota for 
this fishery. See gear restrictions and definitions (C.2, C.3). Fishing 
in the Stonewall Bank groundfish conservation area restricted to 
trolling only on days the all depth recreational halibut fishery is 
open (call the halibut fishing hotline 1-800-662-9825 for specific 
dates) (C.3, C.4.d). Open days and bag limit may be adjusted inseason 
to utilize the available quota (C.5).
    In 2010, the season between Cape Falcon and Humbug Mt. will open 
March 15 for all salmon except coho, two fish per day (B, C.1, C.2, 
C.3).
Humbug Mt. to OR/CA Border
    June 20 through the earlier of August 31 or a 110,000 marked coho 
quota for the area between Cape Falcon and the OR/CA border (C.5.e, 
C.6). Seven days per week. Except as provided below for the all salmon 
fishery, all salmon except Chinook. Two fish per day (B, C.1). All 
retained coho must be marked.
    August 29 through September 7 (C.6). Seven days per week. Except as 
provided above for the mark selective coho fishery, all salmon except 
coho. Two fish per day (C.1). Chinook minimum size limit of 24 inches 
total length (B).

See gear restrictions and definitions (C.2, C.3).
OR/CA Border to Horse Mt. (California KMZ)
    August 29 through September 7 (C.6). Seven days per week. All 
salmon except coho. Two fish per day (C.1). Chinook minimum size limit 
of 24 inches total length (B). See gear restrictions and definitions 
(C.2, C.3). Klamath Control Zone closed in August (C.4.e).
Horse Mt. to U.S./Mexico Border
    Closed. In 2010, season opens April 3 for all salmon except coho, 
two fish per day (C.1). Chinook minimum size limit of 20 inches total 
length (B); and the same gear restrictions as in 2009 (C.2, C.3).

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

 
------------------------------------------------------------------------
        Area  (when open)            Chinook        Coho         Pink
------------------------------------------------------------------------
North of Cape Falcon.............         24.0         16.0         None
Cape Falcon to Humbug Mt.........  ...........         16.0         None
Humbug Mt. to OR/CA Border.......         24.0         16.0         None
OR/CA Border to Horse Mountain...         24.0  ...........         24.0
Horse Mt. to U.S./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, 16.0in = 40.6 cm, and 12.0
  in = 30.5 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. Horse Mt., California, to Point Conception, California: Single 
point, single shank, barbless circle hooks (see gear definitions 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

[[Page 20617]]

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]53'18'' N. lat., 124[deg]07'01'' W. 
long.) to Buoy 2 (46[deg]52'42'' N. lat., 124[deg]12'42'' W. 
long.) to Buoy 3 (46[deg]55'00'' N. lat., 124[deg]14'48'' W. 
long.) to the Grays Harbor north jetty (46[deg]36'00'' N. lat., 
124[deg]10'51'' W. long.).
    c. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy 4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W. 
long.) and the green lighted Buoy 7 (46[deg]15'09'' N. lat., 
124[deg]06'16'' W. long.); on the east, by the Buoy 10 line 
which 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'' 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 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 to 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.
    e. Marked coho remaining from the June through August Cape Falcon 
to OR/CA border recreational coho quota may be transferred to the 
September Cape Falcon to Humbug Mt. recreational fishery, or the Cape 
Falcon to Humbug Mt. non-Indian commercial non-mark-selective all 
salmon fishery on a fishery impact equivalent basis.
    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. Check state regulations for details.

Section 3. Treaty Indian Management Measures for 2009 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 19,000 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 20,000 preseason 
Chinook quota, or 60,000 coho quota. All Salmon. See size limit (B) and 
other restrictions (C).

B. Minimum Size (Inches)

----------------------------------------------------------------------------------------------------------------
                                              Chinook                          Coho
        Area (when open)         ----------------------------------------------------------------      Pink
                                       Total         Head-off          Total         Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon............            24.0            18.0            16.0            12.0            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 20618]]

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 2004-2008. Fish taken during this fishery are to be 
counted against treaty troll quotas established for the 2009 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 19, 2009, NMFS published 
a final rule (74 FR 11681) 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 
2009. 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 29,362 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 possess or land no more than 
one Pacific halibut per each two Chinook, except one Pacific halibut 
may be possessed or landed without meeting the ratio requirement, and 
no more than 35 halibut may be possessed or landed per trip. 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.
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.

[[Page 20619]]

Classification

    This rule is necessary for conservation and management and is 
consistent with the Magnuson-Stevens Act.
    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 20, 2009. These regulations are being 
promulgated under the authority of 16 USC 1855(d) and 16 USC 773(c).
    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 2007 less than one 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 ESA listed stocks, and provide 
harvest opportunity where appropriate. The choice of May 1 as the 
beginning of the regulatory season balances the need to gather and 
analyze the data needed to meet the management objectives of the Salmon 
FMP and the requirements to provide adequate public notice and comment 
on the regulations implemented by NMFS.
    If these measures are not in place on May 1, the previous year's 
management measures will continue to apply in most areas. However, 
since the 2008 recreational management measures between Cape Falcon, 
Oregon and the Oregon/California border were implemented through an 
emergency rule, which has since expired, fisheries in this area will be 
closed until this rule is implemented. In 2008, the commercial fishery 
north of Cape Falcon began on May 3, with an 11,700 Chinook salmon 
quota, Saturday through Tuesday, with a landing limit of 50 Chinook 
salmon per vessel per period. In 2009 the commercial fishery north of 
Cape Falcon begins on May 1, on specific dates that are not the same as 
last year's dates, with a 13,745 Chinook salmon quota and a landing 
limit of 75 Chinook salmon per vessel per period. Therefore, if this 
regulation is not in place on May 1, fishers will lose the opportunity 
to fish during the first complete periods, and will be unnecessarily 
restricted to a lower period limit. In addition, the discrepancy will 
cause confusion for the fishermen. In addition, recreational ocean 
salmon fisheries north of Cape Falcon had a quota of 13,500 Chinook 
salmon between June 1 and June 28, while under the recommended 2009 
regulations those fisheries will not open before June 27. Earlier 
season fisheries may use up the available Chinook salmon quota early 
and preclude fishing opportunity later in the summer. This could reduce 
or eliminate opportunity for fisheries targeted at more abundant coho. 
It could also result in unanticipated adverse impacts to key Chinook 
salmon stocks that were not considered during the preseason planning 
process. Recreational fisheries south of Cape Falcon were greatly 
restricted in 2008, and would be closed until this rule is effective. 
Under the recommended 2009 regulations recreational fishing south of 
Cape Falcon will start in June, and have a quota of 110,000 coho; 
managing these 2009 fisheries according to 2008 regulations would limit 
harvest opportunity that could otherwise be available.
    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. Failure to 
implement these measures immediately could compromise the ability of 
some stocks to attain their conservation objectives preclude harvest 
opportunity, and

[[Page 20620]]

negatively impact anticipated international, state, and tribal salmon 
fisheries, thereby undermining the purposes of this agency action.
    To enhance notification of the fishing industry of these new 
measures, NMFS is announcing the new measures over the telephone 
hotline used for inseason management actions and is also posting the 
regulations on both of its West Coast regional Web sites 
(www.nwr.noaa.gov and swr.nmfs.noaa.gov). NMFS is also advising the 
States of Washington, Oregon, and California on the new management 
measures. These states announce the seasons for applicable 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 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 LCR Chinook. 
NMFS reiterated their consultation standards for all ESA listed salmon 
and steelhead species in their annual Guidance letter to the Council 
dated March 3, 2009. Some of NMFS 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 
2009 are consistent with the biological opinions that found no 
jeopardy, and with the reasonable and prudent alternatives in the 
jeopardy biological opinions. NMFS consulted this year on the effects 
of the 2009 annual regulations on LCR Chinook. NMFS concluded that the 
proposed 2009 fisheries are not likely to jeopardize the continued 
existence of LCR Chinook. The Council's recommended management measures 
therefore comply with NMFS' 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' ESA requirements.
    Southern resident killer whales were listed as endangered effective 
February 16, 2006. NMFS consulted on the effects of the 2006, 2007, and 
2008 fisheries on killer whales and concluded that the fisheries were 
not likely to jeopardize the continued existence of the species. NMFS 
is currently consulting regarding the effects of fisheries managed 
under the Council's Salmon FMP on the food supply for killer whales 
through a separate ESA consultation and biological opinion. NMFS 
expects to complete the consultation prior to May 1, 2009 or shortly 
thereafter. 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 2009 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, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-10308 Filed 4-30-09; 4:15 pm]
BILLING CODE 3510-22-P