[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Rules and Regulations]
[Pages 25246-25258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10796]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 110223162-1268-01]
RIN 0648-XA184


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2011 Management Measures

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

ACTION: Final rule; request for comments; notice of availability of an 
environmental assessment.

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SUMMARY: NMFS establishes fishery management measures for the 2011 
ocean salmon fisheries off Washington, Oregon, and California and the 
2012 salmon seasons opening earlier than May 1, 2012. 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). This document also announces the 
availability of an environmental assessment (EA) that analyzes the 
environmental impacts of implementing the 2011 ocean salmon management 
measures.

DATES: This final rule is effective from 0001 hours Pacific Daylight 
Time, May 1, 2011, until the effective date of the 2012 management 
measures, as published in the Federal Register.
    Comments must be received by May 19, 2011.

ADDRESSES: You may submit comments, identified by 0648-XA184, 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 Stanford.
     Mail: William W. Stelle, Jr., 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: No comments will be posted for public viewing until 
after the comment period has closed. 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). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

[[Page 25247]]

    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 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 Stanford at 562-436-2462.

SUPPLEMENTARY INFORMATION: 

Background

    The ocean salmon fisheries in the EEZ off Washington, Oregon, and 
California are managed under a ``framework'' fishery management plan 
entitled the Pacific Coast Salmon Fishery Management Plan (Salmon FMP). 
Regulations at 50 CFR part 660, subpart H, provide the mechanism for 
making preseason and inseason adjustments to the management measures, 
within limits set by the Salmon FMP, by notification in the Federal 
Register.
    The management measures for the 2011 and pre-May 2012 ocean salmon 
fisheries that are implemented in this final rule were recommended by 
the Pacific Fishery Management Council (Council) at its April 9 to 15, 
2011, meeting.

Schedule Used To Establish 2011 Management Measures

    The Council announced its annual preseason management process for 
the 2011 ocean salmon fisheries in the Federal Register on December 21, 
2010 (75 FR 80041), and on the Council's 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 and posted 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 four 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, ``Review of 2010 Ocean Salmon Fisheries,'' was prepared in 
February when the scientific information necessary for crafting 
management measures for the 2011 and pre-May 2012 ocean salmon fishery 
first became available. The first report summarizes biological and 
socio-economic data for the 2010 ocean salmon fisheries and assesses 
how well the Council's 2010 management objectives were met. The second 
report, ``Preseason Report I Stock Abundance Analysis and Environmental 
Assessment Part 1 for 2011 Ocean Salmon Fishery Regulations'' (PRE I), 
provides the 2011 salmon stock abundance projections and analyzes the 
impacts on the stocks and Council management goals if the 2010 
regulations and regulatory procedures were applied to the projected 
2011 stock abundances. The completion of PRE I is the initial step in 
evaluating the full suite of preseason alternatives.
    Following completion of the first two reports, the Council met in 
Vancouver, WA from March 5 to 11, 2011, to develop 2011 management 
alternatives for proposal to the public. The Council proposed three 
alternatives for commercial and recreational fisheries management for 
analysis and public comment. These alternatives 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 Proposed 
Alternatives and Environmental Assessment Part 2 for 2011 Ocean Salmon 
Fishery Regulations'' (PRE II), which analyzes the effects of the 
proposed 2011 management options.
    Public hearings, sponsored by the Council, to receive testimony on 
the proposed alternatives were held on March 28, 2011, in Westport, WA 
and Coos Bay, OR; and March 29, 2011, 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 9 to 15, 2011, in San Mateo, CA to adopt 
its final 2011 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 2011 Ocean Salmon Fisheries'' (PRE III), 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 (http://www.pcouncil.org).

National Environmental Policy Act

    The Council's documents described above (PRE I, PRE II, and PRE 
III) collectively comprise the Environmental Assessment (EA) for this 
action, providing analysis of environmental and socioeconomic effects 
under the National Environmental Policy Act (NEPA). The EA and its 
related Finding of No Significant Impact (FONSI) are posted on the NMFS 
Northwest Region Web site (http://www.nwr.noaa.gov).

Resource Status

    Fisheries south of Cape Falcon, OR are limited primarily by the 
status of Sacramento River winter Chinook salmon and California Coastal 
Chinook salmon, which are both evolutionarily significant units (ESU) 
listed under the Endangered Species Act (ESA), and Klamath River fall 
Chinook salmon. Fisheries north of Cape Falcon are limited by Lower 
Columbia River Chinook salmon and Lower Columbia River coho salmon, 
stocks which are also listed under the ESA, and by Thompson River coho 
from Canada. At the start of the preseason planning process for the 
2011 management season, NMFS provided a letter to the Council, dated 
March 3, 2011, 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 that 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) is the major 
contributing stock to ocean Chinook salmon fisheries off Oregon and 
California. Chinook salmon fisheries south of Cape Falcon were largely 
closed in 2008 and 2009 to conserve SRFC in response to low preseason 
abundance forecasts. In 2010, an

[[Page 25248]]

improved stock forecast of 245,000 supported limited fisheries south of 
Cape Falcon. 2010 spawning escapement for SRFC was 125,353, which, 
while lower than projected, met the stock's conservation objective of 
122,000-180,000 adult natural and hatchery spawners. Preseason 
forecasts for 2011 project a SRFC stock abundance of 729,900 adults.
    In 2010, NMFS consulted under ESA section 7 and provided guidance 
to the Council regarding the effects of Council area fisheries on the 
Sacramento River winter Chinook salmon ESU. NMFS completed a Biological 
Opinion that includes a reasonable and prudent alternative (RPA) to 
avoid jeopardizing the continued existence of this ESU. The RPA 
includes management area specific fishing season openings and closures, 
and minimum size limits for both commercial and recreational fisheries. 
The Council incorporated the RPA into their recommended 2011 management 
measures.
    NMFS last consulted under ESA section 7 regarding the effects of 
Council area fisheries on California Coastal Chinook salmon in 2005. 
Klamath River fall Chinook are used as a surrogate to set limits on 
ocean harvest impacts. The Biological Opinion requires that management 
measures result in an age-4 ocean harvest rate of no greater than 16%. 
This objective is met by the Council's recommended 2011 management 
measures.
    Klamath River Fall Chinook (KRFC) were determined to be overfished 
based on escapement levels below the conservation objective of an 
average escapement of 33-34% of potential spawners and no fewer than 
35,000 naturally spawning adults in 2004, 2005 and 2006. The Council 
developed and has implemented a rebuilding plan for the past several 
years, requiring that the fishery be managed for an escapement of the 
SMSY level of 40,700 (SMSY is the spawning 
escapement level that is expected to produce the maximum sustainable 
yield, MSY). Prior to the start of the 2011 preseason planning process, 
NMFS assessed the status of KRFC and determined that they are rebuilt 
based on observed escapements from 2007-2010 relative to the 
SMSY level. Therefore, KRFC are managed in 2011 subject to 
the conservation objective in the FMP.
    In 2010, NMFS consulted under ESA section 7 and provided guidance 
to the Council regarding the effects of Council area fisheries on the 
Lower Columbia River (LCR) Chinook salmon ESU. NMFS completed a 
Biological Opinion that applies to fisheries in 2010 and 2011 
concluding that the proposed 2011 fisheries, if managed consistent with 
the terms of the Biological Opinion, 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. There are twenty-one 
separate populations within the tule component 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, 41 percent in 2008, 38 percent in 2009 
and 2010, and then to 37 percent in 2011.
    In 2008, NMFS conducted an ESA section 7 consultation and issued a 
biological opinion regarding the effects of Council fisheries and 
fisheries in the Columbia River on Lower Columbia River (LCR) coho. The 
states of Oregon and Washington use 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 in the portion of the matrix that 
applies to ocean fisheries. As a consequence, ocean salmon fisheries 
under the Council's jurisdiction in 2011, 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 15 percent. The 
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 as modified by the expert 
advice provided by the 2000 ad hoc Work Group appointed by the Council. 
NMFS approved the management provisions for OC coho 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 
2011 season, the applicable spawner status is in the ``high'' category, 
but marine survival index is in the ``low'' category. Under this 
circumstance, the Work Group report requires that the exploitation rate 
be limited to no more than 15 percent. The 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 2011 ocean fisheries north of Cape Falcon. The recommended 
management measures for 2011 satisfy the maximum 10.0 percent total 
U.S. exploitation rate called for by the Pacific Salmon Treaty 
agreements and the Salmon FMP.

Management Measures for 2011 Fisheries

    The Council-recommended ocean harvest levels and management 
measures for the 2011 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 2011 management measures for non-Indian 
commercial troll and recreational

[[Page 25249]]

fisheries have a significantly lower Chinook salmon quota and a similar 
coho quota relative to the 2010 season. While Chinook abundance in this 
area is generally improved in 2011 relative to 2010, restrictions are 
necessary to meet the exploitation rate limit under ESA consultation 
for Lower Columbia River (LCR) tule Chinook, which is 37 percent in 
2011 compared to 38 percent in 2010. In addition, higher fishing levels 
are expected in Alaskan and Canadian fisheries, resulting in higher 
impacts on LCR tule Chinook. The North of Falcon fisheries are also 
managed to protect 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 salmon 
harvests from Cape Falcon, OR, to the U.S.-Canada border. Nevertheless, 
ocean fisheries in combination with fisheries inside Puget Sound are 
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 in the salmon fisheries 
during August and September to protect ESA listed Hood Canal summer 
chum. The Council has recommended such a prohibition since 2002 (67 FR 
30616, May 7, 2002).
    South of Cape Falcon, the commercial salmon fishery will have area 
specific openings throughout the season for all salmon except coho. As 
in 2010, there will not be a commercial salmon fishery for coho south 
of Cape Falcon in 2011. Recreational fisheries south of Cape Falcon 
will be primarily directed at Chinook salmon, with opportunity for coho 
limited to the area between Cape Falcon and Humbug Mountain, OR. 
Recreational fisheries south of Cape Falcon will have area specific 
openings throughout the season. As noted above, the projected abundance 
of Sacramento River Fall Chinook is significantly higher in 2011 than 
in 2010. In consideration of the scientific uncertainty in forecasting 
SRFC stock abundance, the Council designed management measures for 
fisheries south of Cape Falcon with the goal of achieving the upper end 
of the conservation objective escapement of 180,000. In fact, under the 
management measures in this final rule, and including anticipated in-
river fishery impacts, spawning escapement for SRFC is projected at 
377,000.
    The treaty-Indian commercial troll fishery quota for 2011 is 41,000 
Chinook salmon in ocean management areas and Washington State 
Statistical Area 4B combined. This quota is lower than the 55,000 
Chinook salmon quota in 2010, for the same reasons discussed above for 
the non-Tribal fishery. The treaty-Indian commercial troll fisheries 
include a Chinook-directed fishery in May and June with a quota of 
19,750 Chinook salmon, and an all-salmon season beginning July 1 with a 
21,250 Chinook salmon 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 42,000 coho, 
similar to the 41,500 coho quota in 2010.

Management Measures for 2012 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, this action also establishes 
the 2012 fishing seasons that open earlier than May 1. 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, the recreational season off Oregon from Cape 
Falcon to Humbug Mountain, and the recreational season off California 
from Horse Mountain to the U.S./Mexico border will open in 2012 as 
indicated in the Season Description section of this document. At the 
March 2012 meeting, the Council may consider inseason recommendations 
to adjust the commercial season prior to May 1 in the areas off Oregon 
and the recreational season 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 2011 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 2011 and, as specified, 
for 2012.

Section 1. Commercial Management Measures for 2011 Ocean Salmon 
Fisheries

    Parts A, B, and C of this section contain restrictions that must be 
followed for lawful participation in the fishery. Part A identifies 
each fishing area and provides the 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 earlier of June 30 or 20,600 Chinook quota. Seven 
days per week (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). 
An inseason conference call will occur when it is projected that 13,700 
Chinook have been landed to consider modifying the open period to five 
days per week and adding landing and possession limits to ensure the 
guideline is not exceeded.
    July 1 through earlier of September 15 or 10,300 preseason Chinook 
guideline (C.8) or a 12,800 marked coho quota (C.8.d). Friday through 
Tuesday; landing and possession limit of 50 Chinook and 50 coho per 
vessel per open period north of Leadbetter Point or 50 Chinook and 50 
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 be marked (C.8.d). See gear restrictions and 
definitions (C.2, C.3). Cape Flattery, Mandatory Yelloweye Rockfish 
Conservation Area, and Columbia Control Zones closed; Grays Harbor 
Control Zone closed in August and September (C.5).
    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

[[Page 25250]]

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 either calling 541-867-0300 Ext. 271 or sending notification 
via e-mail to [email protected]. 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
    April 15 through July 9, July 17 through August 31, October 1-31. 
(C.9). Seven days per week. All salmon except coho; landing and 
possession limit of 50 Chinook per vessel per calendar week in October 
(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 2012, the season will open March 15 for all salmon except coho. 
This opening may be modified following Council review at its March 2012 
meeting.
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
    May 1-31;
    June 1 through earlier of June 30, or a 1,500 Chinook quota;
    July 1 through earlier of July 31, or a 1,200 Chinook quota;
    Aug. 1 through earlier of Aug. 31, or a 1,000 Chinook quota (C.9).

Seven days per week. All salmon except coho (C.7). Chinook 28 inch 
total length minimum size limit (B). June 1 through August 31, landing 
and possession limit of 30 Chinook per vessel per day. Any remaining 
portion of the June and/or July Chinook quotas may be transferred 
inseason on an impact neutral basis to the next open quota period 
(C.8). All vessels fishing in this area must land and deliver all fish 
within this area or Port Orford, within 24 hours of any closure in this 
fishery, and prior to fishing outside of this area (C.1, C.6). Oregon 
State regulations require all fishers landing salmon from any quota 
managed season within this area to notify Oregon Dept. of Fish and 
Wildlife (ODFW) within 1 hour of delivery or prior to transport away 
from the port of landing by either calling (541) 867-0300 ext. 252 or 
sending notification via e-mail to [email protected]. 
Notification shall include vessel name and number, number of salmon by 
species, port of landing and location of delivery, and estimated time 
of delivery. See gear restrictions and definitions (C.2, C.3).

    In 2012, the season will open March 15 for all salmon except coho, 
with a 28 inch Chinook minimum size limit. This opening may be modified 
following Council review at its March 2012 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
    July 2 through the earlier of July 20 or a 1,400 Chinook quota, 
Saturday to Wednesday;
    Aug. 1 through earlier of Aug. 15 or a 1,000 Chinook quota, seven 
days per week (C.9).

All salmon except coho (C.7). Chinook 27 inch total length minimum size 
limit (B). Landing and possession limit of 15 Chinook per vessel. Any 
remaining portion of the July Chinook quota may be transferred inseason 
on an impact neutral basis to the August quota (C.8) All vessels 
fishing in this area must land and deliver all fish within this area, 
within 24 hours of any closure in this fishery, and prior to fishing 
outside of this area (C.1, C.6). See compliance requirements (C.1) and 
gear restrictions and definitions (C.2, C.3). Klamath Control Zone 
closed (C.5.e). See California State regulations for additional 
closures adjacent to the Smith and Klamath rivers. When the fishery is 
closed between the OR/CA border and Humbug Mt. and open to the south, 
vessels with fish on board caught in the open area off California may 
seek temporary mooring in Brookings, Oregon prior to landing in 
California only if such vessels first notify the Chetco River Coast 
Guard Station via VHF channel 22A between the hours of 0500 and 2200 
and provide the vessel name, number of fish on board, and estimated 
time of arrival.

    California State regulations require all salmon be made available 
to a CDFG representative for sampling immediately at port of landing. 
Any person in possession of a salmon with a missing adipose fin, upon 
request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).
--Humboldt South Jetty to Horse Mountain
    Closed.
--Horse Mountain to Point Arena (Fort Bragg)
    July 23-27; July 29 through Aug. 29; Sept. 1-30 (C.9).

Seven days per week. All salmon except coho (C.7). Chinook 27 inch 
total length minimum size limit (B). All fish caught in the area when 
the KMZ quota fisheries are open must be landed south of Horse 
Mountain; all fish must be landed in California and offloaded within 24 
hours of the August 29 closure (C.1, C.6). See gear restrictions and 
definitions (C.2, C.3).

    California State regulations require all salmon be made available 
to a CDFG representative for sampling immediately at port of landing. 
Any person in possession of a salmon with a missing adipose fin, upon 
request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).
--Point Arena to Pigeon Point (San Francisco)
    May 1-31 seven days per week;
    June 25 through July 5 seven days per week;
    July 9-27 Saturday through Wednesday;
    July 29 through Aug. 29 seven days per week;
    September 1-30 seven days per week (C.9).

All salmon except coho (C.7). Chinook minimum size limit of 27 inches 
total length (B). All fish must be landed in California and offloaded 
within 24 hours of the August 29 closure. All fish caught in the area 
when the KMZ quota fisheries are open must be landed south of Horse Mt. 
(C.1, C.6). See gear restrictions and definitions (C.2, C.3).

 Pt. Reyes to Pt. San Pedro (Fall Area Target Zone)
    October 3-14. Monday through Friday. All salmon except coho (C.1). 
Chinook minimum size limit 27 inches total length (B). All vessels 
fishing in this area must land and deliver all fish between Point Arena 
and Pigeon Point (C.1, C.6). See gear restrictions and definitions 
(C.2, C.3).
    California State regulations require all salmon be made available 
to a CDFG representative for sampling immediately at port of landing. 
Any person in possession of a salmon with a missing adipose fin, upon 
request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the

[[Page 25251]]

head of the salmon to the state (California Fish and Game Code Sec.  
8226).
--Pigeon Point to Point Sur (Monterey)
    May 1-31 seven days per week;
    June 25 through July 5 seven days per week;
    July 9-27 Saturday through Wednesday;
    July 29 through Aug. 29 seven days per week;
    September 1-30 seven days per week (C.9).

All salmon except coho (C.7). Chinook minimum size limit of 27 inches 
total length (B). All fish must be landed in California and offloaded 
within 24 hours of the August 29 closure. All fish caught in the area 
when the KMZ quota fisheries are open must be landed south of Horse Mt. 
(C.1, C.6). See gear restrictions and definitions (C.2, C.3).

    California State regulations require all salmon be made available 
to a CDFG representative for sampling immediately at port of landing. 
Any person in possession of a salmon with a missing adipose fin, upon 
request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).
--Point Sur to U.S./Mexico Border (Monterey South)
    May 1 through July 5 seven days per week;
    July 9-27 Saturday through Wednesday;
    July 29 through Aug. 29 seven days per week (C.9).

All salmon except coho (C.7). Chinook minimum size limit of 27 inches 
total length (B). All fish must be landed in California and offloaded 
within 24 hours of the August 29 closure; all fish caught in the area 
June 1-24 must be landed south of Point San Pedro; all fish caught in 
the area when the KMZ quota fisheries are open must be landed south of 
Horse Mountain. (C.1, C.6). See gear restrictions and definitions (C.2, 
C.3).

    California State regulations require that all salmon be made 
available to a CDFG representative for sampling immediately at port of 
landing. Any person in possession of a salmon with a missing adipose 
fin, upon request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).

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 Horse Mt......            28.0            21.5  ..............  ..............  None.
Horse Mt. to U.S.-Mexico                 27.0            20.5  ..............  ..............  None.
 Border.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 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 the salmon 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 the salmon 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
    a. Salmon may be taken only by hook and line using single point, 
single shank, barbless hooks.
    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. 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.).
    d. 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.

[[Page 25252]]

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.
    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, the estimated time of arrival, 
and the specific reason the vessel is not able to meet special 
management area landing restrictions.
    In addition to contacting the U.S. Coast Guard, vessels fishing 
south of the Oregon/California border must notify CDFG within one hour 
of leaving the management area by calling 800-889-8346 and providing 
the same information as reported to the U.S. Coast Guard. All salmon 
must be offloaded within 24 hours of reaching port.
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 (IPHC) (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 28,126 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, IPHC license holders may possess or land no more 
than one Pacific halibut per each three 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 (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 west coast 
groundfish regulations at 50 CFR 660.70(c) and in West Coast salmon 
regulations at 50 CFR 660.405, 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 
applies:
    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. Chinook remaining from the June and/or July non-Indian 
commercial troll quotas in the Oregon KMZ may be transferred to the 
Chinook quota for the next open period on a fishery impact equivalent 
basis.
    c. Chinook remaining from the July non-Indian commercial troll 
quota in the California KMZ area may be transferred to the August quota 
on a fishery impact equivalent basis.
    d. NMFS may transfer fish between the recreational and commercial 
fisheries north of Cape Falcon on a fishery impact neutral, fishery 
equivalent basis if there is agreement among the areas' representatives 
on the Salmon Advisory Subpanel (SAS).
    e. At the March 2012 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2011).
    f. If retention of unmarked coho is permitted by inseason action, 
the allowable coho quota will be adjusted to ensure preseason projected 
mortality of critical stocks is not exceeded.
    g. Landing limits may be modified inseason to sustain season length 
and keep harvest within overall quotas.
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 is the area from Humbug Mountain, 
Oregon, to Horse Mountain, California.

Section 2. Recreational Management Measures for 2011 Ocean Salmon 
Fisheries

    Parts A, B, and C of this section contain restrictions that must be 
followed for lawful participation in the fishery. Part A identifies 
each fishing area and provides the 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
    June 18 through earlier of June 25 or a coastwide marked Chinook 
quota of 4,800 (C.5).

Seven days per week. Two fish per day, all salmon except coho, all 
Chinook must be marked with a healed adipose

[[Page 25253]]

fin clip (C.1). 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).
--U.S./Canada Border to Cape Alava (Neah Bay)
    June 26 through earlier of September 18 or 6,990 marked coho 
subarea quota with a subarea guideline of 3,200 Chinook. (C.5).

Seven days per week. All salmon except no chum beginning August 1; two 
fish per day, no more than one of which can be a Chinook, plus one 
additional pink salmon. All coho must be marked (C.1). See gear 
restrictions (C.2). 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 and coho recreational TACs for north 
of Cape Falcon (C.5).
--Cape Alava to Queets River (La Push Subarea)
    June 26 through earlier of September 18 or 1,700 marked coho 
subarea quota with a subarea guideline of 1,350 Chinook. (C.5).
    September 24 through earlier of October 9 or 50 marked coho quota 
or 50 Chinook quota (C.5) in the area north of 47[deg]50'00 N. lat. and 
south of 48[deg]00'00'' N. lat.

Seven days per week. All salmon; two fish per day, no more than one of 
which can be a Chinook, plus one additional pink salmon. All coho must 
be marked (C.1). See gear restrictions (C.2). Inseason management may 
be used to sustain season length and keep harvest within the overall 
Chinook and coho recreational TACs for north of Cape Falcon (C.5).
--Queets River to Leadbetter Point (Westport Subarea)
    June 26 through earlier of September 18 or 24,860 marked coho 
subarea quota with a subarea guideline of 16,900 Chinook (C.5).

Sunday through Thursday. All salmon; two fish per day, no more than one 
of which can be a Chinook. All coho must be marked (C.1). See gear 
restrictions and definitions (C.2, C.3). Grays Harbor Control Zone 
closed beginning August 1 (C.4). Inseason management may be used to 
sustain season length and keep harvest within the overall Chinook and 
coho recreational TACs for north of Cape Falcon (C.5).
--Leadbetter Point to Cape Falcon (Columbia River Subarea)
    June 26 through earlier of September 30 or 33,600 marked coho 
subarea quota with a subarea guideline of 7,400 Chinook (C.5).

Seven days per week. All salmon; two fish per day, no more than one of 
which can be a Chinook. All coho must be marked (C.1). 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 and coho recreational TACs for 
north of Cape Falcon (C.5).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
    Except as provided below during the all-salmon mark-selective and 
non-mark-selective coho fisheries, the season will be March 15 through 
September 30 (C.6).

All salmon except coho; two fish per day (C.1). See gear restrictions 
and definitions (C.2, C.3).

    Cape Falcon to Humbug Mountain all-salmon mark-selective coho 
fishery: July 2 through earlier of August 13 or a landed catch of 
15,000 marked coho.

Seven days per week. All salmon, two fish per day. All retained coho 
must be marked (C.1). Any remainder of the mark selective coho quota 
will be transferred on an impact neutral basis to the September non-
selective coho quota listed below. The ``all salmon except coho'' 
season reopens the earlier of August 14 or attainment of the coho 
quota, through August 31.
    Cape Falcon to Humbug Mountain non-mark-selective coho fishery: 
September 1 through the earlier of September 10 or a landed catch of 
3,000 non-mark-selective coho quota (C.5).

Thursday through Saturday all salmon, two fish per day;

Sunday through Wednesday, all salmon except coho, two fish per day.

The ``all salmon except coho'' season reopens the earlier of September 
11 or attainment of the coho quota (C.5). Open days may be adjusted 
inseason to utilize the available coho quota (C.5).

    Fishing in the Stonewall Bank yelloweye rockfish 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.b, C.4.d).
    In 2012, the season between Cape Falcon and Humbug Mountain will 
open March 15 for all salmon except coho, two fish per day (B, C.1, 
C.2, C.3).
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
    May 14 through September 5 (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).
--Oregon/California Border to Horse Mountain. (California KMZ)
    May 14 through September 5 (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). See California State regulations for additional 
closures adjacent to the Smith, Eel, and Klamath Rivers.
    California State regulations require that all salmon be made 
available to a CDFG representative for sampling immediately at port of 
landing. Any person in possession of a salmon with a missing adipose 
fin, upon request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).
--Horse Mountain to Point Arena (Fort Bragg)
    April 2 through October 30.

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).
    In 2012, season opens April 7 for all salmon except coho, two fish 
per day (C.1). Chinook minimum size limit of 24 inches total length 
(B); and the same gear restrictions as in 2011 (C.2, C.3).
    California State regulations require that all salmon be made 
available to a CDFG representative for sampling immediately at port of 
landing. Any person in possession of a salmon with a missing adipose 
fin, upon request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).
--Point Arena to Pigeon Point (San Francisco)
    April 2 through October 30.

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).
    In 2012, season opens April 7 for all salmon except coho, two fish 
per day (C.1). Chinook minimum size limit of 24

[[Page 25254]]

inches total length (B); and the same gear restrictions as in 2011 
(C.2, C.3).
    California State regulations require that all salmon be made 
available to a CDFG representative for sampling immediately at port of 
landing. Any person in possession of a salmon with a missing adipose 
fin, upon request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).
--Pigeon Point to U.S./Mexico Border (Monterey South)
    April 2 through September 18.

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).

    In 2012, season opens April 7 for all salmon except coho, two fish 
per day (C.1). Chinook minimum size limit of 24 inches total length 
(B); and the same gear restrictions as in 2011 (C.2, C.3).
    California State regulations require that all salmon be made 
available to a CDFG representative for sampling immediately at port of 
landing. Any person in possession of a salmon with a missing adipose 
fin, upon request by an authorized agent or employee of the CDFG, shall 
immediately relinquish the head of the salmon to the state (California 
Fish and Game Code Sec.  8226).

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 OR/CA Border..............              24.0              16.0  None.
OR/CA Border to U.S./Mexico Border.......              24.0  ................  24.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm and 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. 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 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 Yelloweye Rockfish Conservation Area: The area

[[Page 25255]]

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 a fishery impact equivalent 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 a fishery impact 
equivalent 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/July through August Cape 
Falcon to Oregon/California border recreational coho quota may be 
transferred inseason to the September Cape Falcon to Humbug Mountain 
non-mark-selective recreational 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 2011 Ocean Salmon 
Fisheries

    Parts A, B, and C of this section contain requirements that 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 19,750 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 21,250 preseason 
Chinook quota, or 42,000 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, 16.0 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. Fish 
taken during this fishery are to be counted against treaty troll quotas 
established for the 2011 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 16, 2011, NMFS published 
a final rule (76 FR 14300) to implement the IPHC's

[[Page 25256]]

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 2011. 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 28,126 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, IPHC license holders may possess or land no more 
than one Pacific halibut per each three 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, also known as the 
Salmon Troll YRCA) in order to protect yelloweye rockfish. Coordinates 
for the Salmon Troll YRCA are specified in groundfish regulations at 50 
CFR660.70(c), and in salmon regulations at 50 CFR 660.405. See Section 
1.C.7. in this document 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.

Classification

    This final rule is necessary for conservation and management and is 
consistent with the Magnuson-Stevens Act. These regulations are being 
promulgated under the authority of 16 U.S.C. 1855 (d) and 16 U.S.C. 
773(c).
    This notification of annual management measures is exempt from 
review under Executive Order 12866.
    The provisions of 50 CFR 660.411 state that if, for good cause, an 
action must be filed without affording a prior opportunity for public 
comment, the measures will become effective; however, public comments 
on the action will be received for a period of 15 days after the date 
of publication in the Federal Register. NMFS will receive public 
comments on this action until May 19, 2011. These regulations are being 
promulgated under the authority of 16 U.S.C. 1855 (d) and 16 U.S.C. 
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

[[Page 25257]]

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 the information regarding 
current stock status. For the 2011 fishing regulations, the current 
stock status was not available to the Council until February. Because 
the May and June salmon fisheries are relatively substantial fisheries, 
managing them with measures developed using the prior year's data could 
have significant adverse effects on the managed stocks, including ESA-
listed stocks. Although salmon fisheries that open prior to May are 
managed under the prior year's measures, as modified by the Council at 
its March meeting, relatively little harvest occurs during that period 
(e.g., on average, less than 5 percent of commercial and recreational 
harvest occurred prior to May 1 during the years 2001 through 2010). 
Allowing the much more substantial harvest levels normally associated 
with the May and June salmon seasons to be promulgated under the prior 
year's regulations would impair NMFS' ability to protect weak and ESA 
listed salmon stocks that are impacted by the fishery, and to 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 need to manage the fishery using the best available 
scientific information.
    If these measures are not in place on May 1, the previous year's 
management measures will continue to apply in most areas. For fisheries 
south of Cape Falcon, Oregon, this would result in lost fishing 
opportunities, primarily for commercial fisheries which were more 
restrictive in 2010 than proposed for 2011. In 2010, commercial 
fisheries did not open south of Cape Falcon until July, whereas in 2011 
these fisheries were opened in April under inseason action, and would 
remain open beginning May 1 under 2011 management measures. North of 
Cape Falcon, if 2011 measures are not in place on May 1, there would be 
excessive harvest of Chinook salmon, as the Chinook salmon quota for 
commercial fisheries in May and June is half of the 2010 quota for this 
fishery to protect ESA listed salmon in the Columbia River.
    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 Assistant Administrator for Fisheries (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 
mid-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 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 (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 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. NMFS reiterated their 
consultation standards for all ESA listed salmon and steelhead species 
in their annual Guidance letter to the Council dated March 3, 2011. 
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 2011 are 
consistent with the biological opinions that found no jeopardy, and 
with the reasonable and prudent alternatives in the jeopardy biological 
opinions. NMFS consulted in 2010 on the effects of the 2011 annual 
regulations on LCR Chinook salmon. NMFS concluded that the proposed 
2011 fisheries are not likely to jeopardize the continued existence of 
LCR Chinook salmon. NMFS also consulted in 2010 on the effects of the 
2011 annual regulations on Sacramento River winter Chinook salmon. NMFS 
provided a reasonable and prudent alternative in its jeopardy 
biological opinion, and the 2011 annual regulations are consistent with 
that RPA. 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 some 
cases, the recommended measures result in impacts that are more 
restrictive than NMFS' ESA requirements.
    In 2009, NMFS consulted on the effects of fishing under the Salmon 
FMP on the endangered Southern Resident Killer Whale Distinct 
Population Segment (SRKW) and concluded the salmon fisheries were not 
likely to

[[Page 25258]]

jeopardize SRKW. The 2011 salmon management measures are consistent 
with the terms of that biological opinion.
    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 28, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-10796 Filed 4-29-11; 11:15 am]
BILLING CODE 3510-22-P