[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Rules and Regulations]
[Pages 25865-25878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10462]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 130108020-3409-01]
RIN 0648-XC438
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2013 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; notice of availability of an environmental
assessment.
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SUMMARY: Through this final rule NMFS establishes fishery management
measures for the 2013 ocean salmon fisheries off Washington, Oregon,
and California and the 2014 salmon seasons opening earlier than May 1,
2014. 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 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 2013 ocean
salmon management measures.
DATES: This final rule is effective from 0001 hours Pacific Daylight
Time, May 1, 2013, until the effective date of the 2014 management
measures, as published in the Federal Register. Comments regarding the
reporting burden estimate or any other aspect of the collection-of-
information requirements in these management measures may be submitted
at any time.
ADDRESSES: 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
William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS,
7600 Sand Point Way NE., Seattle, WA 98115-0070 or Rod McInnis,
Regional Administrator, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213 and to Office of
Management and Budget (OMB), by email at [email protected] or
by fax at (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323, or Heidi
Taylor at 562-980-4039.
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 2013 and pre-May 2014 ocean salmon
fisheries that are implemented in this final rule were recommended by
the Pacific Fishery Management Council (Council) at its April 6 to 11,
2013, meeting.
Schedule Used To Establish 2013 Management Measures
The Council announced its annual preseason management process for
the 2013 ocean salmon fisheries in the Federal Register on December 12,
2012 (77 FR 73987), and on the Council's Web site at
(www.pcouncil.org). NMFS published an additional notice of
opportunities to submit public comments on the 2013 ocean salmon
fisheries in the Federal Register on February 25, 2013 (78 FR 12713).
These notices announced the availability of Council documents, 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, and instructions on how to comment on 2013 ocean salmon
fisheries. 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 2012 Ocean Salmon Fisheries,'' was prepared in
February when the scientific information necessary for crafting
management measures for the 2013 and pre-May 2014 ocean salmon
fisheries first became available. The first report summarizes
biological and socio-economic data for the 2012 ocean salmon fisheries
and assesses how well the Council's 2012 management objectives were
met. The second report, ``Preseason Report I Stock Abundance Analysis
and Environmental Assessment Part 1 for 2013 Ocean Salmon Fishery
Regulations'' (PRE I), provides the 2013 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2012 regulations and regulatory procedures were
applied to the projected 2013 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
Tacoma, WA from March 6 to 11, 2013, to develop 2013 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 2013 Ocean Salmon
Fishery Regulations'' (PRE II),
[[Page 25866]]
which analyzes the effects of the proposed 2013 management
alternatives.
Public hearings, sponsored by the Council, to receive testimony on
the proposed alternatives were held on March 25, 2013, in Westport, WA
and Coos Bay, OR; and March 26, 2013, 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 6 to 11, 2013, in Portland, OR to adopt
its final 2013 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 2013 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 (www.pcouncil.org).
Public Comments
The Council invited written comments on developing 2013 salmon
management measures in their notice announcing public meetings and
hearings (77 FR 73987, December 12, 2012). Additionally, comments were
taken at three public hearings held in March, staffed by
representatives of the Council and NMFS. The Council received 10
written comments directly. The three public hearings were attended by a
total of 89 people; 30 people provided oral comments and three
additional written comments were submitted. Comments came from
individual fishers, fishing associations, fish buyers, and processors.
Comments addressed the 2013 management alternatives described in PRE
II, and generally expressed preferences for a specific alternative or
for particular season structures. All comments were included in the
Council's briefing book for their April 2013 meeting and were
considered by the Council, which includes a representative from NMFS,
in developing the recommended management measures transmitted to NMFS
on April 19, 2013.
Comments on alternatives for fisheries north of Cape Falcon. For
fisheries north of Cape Falcon, Alternative I was favored by 6
commercial and 2 recreational commenters. Alternative II was favored by
one commercial commenter. Alternative III had no support. There were 2
commenters favoring a late season non-mark selective coho fishery.
Comments on alternatives for fisheries south of Cape Falcon. For
fisheries south of Cape Falcon, commercial fishers were divided in
support between Alternative I (7 commenters) and Alternative II (10
commenters). For recreational fisheries south of Cape Falcon, 9
commenters favored Alternative I. Alternative III had no support.
Comments on incidental halibut retention in the commercial salmon
fisheries. Support was divided among the three alternatives.
Other comments. Hooking mortality was mentioned by three
commenters, with respect to mark-selective fisheries and size
restrictions. Two commenters requested the Council revisit the
perennial commercial fishery closure between Humboldt South Jetty and
Horse Mountain, California. One commenter requested the Council add a
seat on the Salmon Advisory Subpanel to represent the Klamath Basin in-
river recreational fishery.
The Council, including the NMFS representative, took these comments
into consideration. The Council's final recommendation generally
includes aspects of Alternatives I and II, while taking into account
the best available scientific information and ensuring that fisheries
are consistent with ESA consultation standards, ACLs, PST obligations,
and tribal fishing rights. The best available information regarding
hooking mortality is factored into the analysis of the impacts of mark-
selective fisheries and size restrictions. These management tools
assist the Council in meeting impact limits on weak stocks. The Council
retained the commercial fishery closure between Humboldt South Jetty
and Horse Mountain to protect California Coastal Chinook in the Eel
Canyon area. Finally, the request to add a new seat on the Salmon
Advisory Subpanel, while an issue for the Council's consideration, is
not relevant to the content of these management measures.
NMFS also invited comments to be submitted directly to the Council
or to NMFS, via the Federal Rulemaking Portal (www.regulations.gov) in
a proposed rule (78 FR 12713, February 25, 2013). Two comments were
submitted via www.regulations.gov, both comments opposed genetically
modified salmon; while NMFS appreciates receiving public comment, the
issue of genetically modified salmon is not relevant to setting the
2013 salmon management measures.
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 (www.nwr.noaa.gov).
Annual Catch Limits and Status Determination Criteria
The Council adopted Amendment 16 to the Salmon FMP in 2011 (76 FR
81852, December 29, 2011). This amendment brought the Salmon FMP into
compliance with the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) as amended in 2007, and the corresponding revised
National Standard 1 Guidelines' (NS1Gs) mandate to end and prevent
overfishing. As modified by Amendment 16, the FMP identifies stocks
that are in the fishery, describes stock complexes and indicator stocks
for those complexes, establishes status determination criteria (SDC),
and establishes formulas for specifying overfishing limits (OFLs),
acceptable biological catch (ABC), and annual catch limits (ACLs).
Amendment 16 also added to the FMP ``de minimis'' fishing provisions
that allow for low levels of fishing impacts on specified stocks that
are at low levels of abundance.
Annual catch limits (ACLs) are set for two stocks: Sacramento River
Fall Chinook (SRFC) and Klamath River Fall Chinook (KRFC). These stocks
are indicator stocks for the Central Valley Fall Chinook complex and
the Southern Oregon/Northern California Chinook complex, respectively.
The Far North Migrating Coastal Chinook complex includes a group of
Chinook salmon stocks that are caught primarily in fisheries north of
Cape Falcon, Oregon and other fisheries that occur north of the U.S./
Canada Border. No ACL is set for these stocks because they are managed
according to the Pacific Salmon Treaty with Canada (PST). Other Chinook
salmon stocks caught in fisheries north of Cape Falcon are ESA-listed
or hatchery produced, and are managed consistent with ESA consultation
standards or hatchery goals. Coho stocks are either ESA-listed,
hatchery produced, or managed under the PST.
[[Page 25867]]
ACLs for SRFC and KRFC are escapement-based, which means they
establish a number of adults that must escape the fisheries to return
to the spawning grounds. They are set based on the annual abundance
projection and a fishing rate reduced to account for scientific
uncertainty. The abundance forecasts for 2013 are described in more
detail below in the ``Resource Status'' section of this final rule. For
SRFC in 2013, the overfishing limit (OFL) is SOFL = 834,208
(projected abundance) multiplied by 1 - FMSY (1 - 0.78) or
183,526 returning spawners. SABC is 834,208 multiplied by 1
- FABC (1 - 0.70) (FMSY reduced for scientific
uncertainty = 0.70) or 250,262. The SACL is set equal to
SABC. For KRFC in 2013, SOFL is 230,473
(abundance projection) multiplied by 1 - FMSY (1 - 0.71), or
66,837 returning spawners. SABC is 230,473 multiplied by 1 -
FABC (1 - 0.68) (FMSY reduced for scientific
uncertainty = 0.68) or 73,751 returning spawners. SACL is
set equal to SABC.
As explained in more detail below under ``Resource Status,''
fisheries south of Cape Falcon, which are the fisheries that impact
SRFC and KRFC, are constrained by impact limits necessary to protect
ESA-listed salmon stocks including California Coastal Chinook (CCC) and
Sacramento River winter Chinook (SRWC). For 2013, abundance
projections, in combination with the constraints for ESA-listed stocks,
are expected to result in escapements that meet the ACL for KRFC and
that exceed the ACL for SRFC.
Resource Status
Fisheries south of Cape Falcon, OR are limited in 2013 primarily by
the status of SRWC and CCC, which are both evolutionarily significant
units (ESUs) listed under the Endangered Species Act (ESA). Fisheries
north of Cape Falcon are limited primarily by Lower Columbia River
(LCR) Chinook salmon and LCR 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 2013 management season, NMFS
provided a letter to the Council, dated February 28, 2013, 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 many cases, the
recommended measures are more restrictive than NMFS's ESA requirements.
In 2010, NMFS consulted under ESA section 7 and provided guidance
to the Council regarding the effects of Council area fisheries on SRWC.
NMFS completed a Biological Opinion that includes a reasonable and
prudent alternative (RPA) to avoid jeopardizing the continued existence
of this ESU. The RPA included management area specific fishing season
openings and closures, and minimum size limits for both commercial and
recreational fisheries. In 2012, NMFS added a second component to the
RPA based on a new abundance-based framework which supplements the
above management restrictions with maximum allowable impact rates that
apply when abundance is low. The Council's recommended 2013 management
measures meet the requirements of the RPA.
NMFS last consulted under ESA section 7 regarding the effects of
Council area fisheries on CCC in 2005. KRFC are used as a surrogate to
set limits on ocean harvest impacts on CCC. The Biological Opinion
requires that management measures result in a KRFC age-4 ocean harvest
rate of no greater than 16 percent. This objective is met by the
Council's recommended 2013 management measures.
In 2012, NMFS consulted under ESA section 7 and provided guidance
to the Council regarding the effects of Council area fisheries on LCR
Chinook salmon. NMFS completed a Biological Opinion that applies to
fisheries beginning in 2012, concluding that the proposed fisheries, if
managed consistent with the terms of the Biological Opinion, are not
likely to jeopardize the continued existence of LCR Chinook salmon. 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
fisheries in the area north of Cape Falcon, Oregon. Under the 2012
Biological Opinion, NMFS uses an abundance-based management (ABM)
framework to set annual exploitation rates for LCR tule Chinook salmon
below Bonneville Dam. Applying the ABM framework to the 2013 preseason
abundance forecast, the LCR tule exploitation rate is limited to a
maximum of 41 percent. This objective is met by the Council's
recommended 2013 management measures.
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
opinion depends on use of a harvest matrix for LCR coho. Under the
matrix the allowable harvest in a given year depends on indicators of
marine survival and brood year escapement. In 2013, the marine survival
indicator is in the ``low'' category, while brood year escapements for
two indicator stocks are in the ``low'' and ``medium'' categories.
Under these circumstances, ocean salmon fisheries under the Council's
jurisdiction in 2013, 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); that listing status was
confirmed following a status review in 2011 (76 FR 35755, June 20,
2011). 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 2013 season, the applicable spawner status
is in the ``high'' category for three of the four sub-aggregate stocks
and ``low'' for the southern sub-aggregate (although the southern sub-
aggregate is included in the harvest matrix, it is a component of the
Southern Oregon/Northern California Coastal Coho ESU). The marine
survival index is in the ``medium'' category. Under these
circumstances, the Work Group report requires that the exploitation
rate be limited to no more than 30 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''
[[Page 25868]]
status category under the Pacific Salmon Treaty and, along with LCR
coho, is the coho stock most limiting the 2013 ocean fisheries north of
Cape Falcon. The recommended management measures for 2013 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 2013 Fisheries
The Council-recommended ocean harvest levels and management
measures for the 2013 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, U.S. obligations to Indian tribes with federally
recognized fishing rights, and U.S. international obligations regarding
Pacific salmon. Accordingly, NMFS has adopted the Council's
recommendations.
North of Cape Falcon, the 2013 management measures for non-Indian
commercial troll and recreational fisheries have slightly reduced
quotas for coho and Chinook salmon, compared to 2012. Conservation
constraints on Chinook salmon are largely unchanged, including the
exploitation rate limit for ESA-listed LCR tule Chinook, which remains
at 41 percent in 2013. Impacts in Alaskan and Canadian fisheries on
Chinook salmon stocks originating north of Cape Falcon are reduced
relative to 2012. The North of Falcon fisheries are also managed to
protect threatened LCR 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).
Large SRFC and KRFC abundance forecasts allow for substantial
commercial fishing opportunity south of Cape Falcon in 2013 for all
salmon except coho. Constraints on the commercial fishery in this
region include the CCC consultation standard that limits the forecast
KRFC age-4 ocean harvest rate to a maximum of 16 percent and the
exploitation rate limit on ESA-listed LCR tule Chinook. Commercial
fisheries south of Point Arena are also constrained by the maximum
allowable age-3 impact rate of 12.9 percent on ESA-listed SRWC.
Recreational fisheries south of Cape Falcon will be directed primarily
at Chinook salmon, with opportunity for coho limited to the area
between Cape Falcon and the Oregon/California Border. Recreational
fisheries south of Cape Falcon will have area specific openings
throughout the season. The projected abundance of SRFC in 2013 is
similar to the 2012 projection. Under the management measures in this
final rule, and including anticipated in-river fishery impacts,
spawning escapement for SRFC is projected at 462,600. Projected
abundance for Klamath River Fall Chinook (KRFC) is strong, but lower
than the historic 2012 projection. Under the management measures in
this final rule, and including anticipated in-river fishery impacts,
spawning escapement for KRFC is projected at 73,800.
The treaty-Indian commercial troll fishery quota for 2013 is 52,500
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 2012, 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
26,250 Chinook salmon, and an all-salmon season beginning July 1 with a
26,250 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 47,500 coho, the
same as in 2012.
Management Measures for 2014 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 2014 fishing seasons that open earlier than May 1. The Council
recommended, and NMFS concurs, that the commercial season off Oregon
from Cape Falcon to the Oregon/California border, the commercial season
off California from Horse Mountain to Point Arena, 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 2014 as indicated in the Season Description
section of this document. At the March 2014 meeting, the Council may
consider inseason recommendations to adjust the commercial and
recreational seasons prior to May 1 in the areas off Oregon and
California.
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 2013 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 2013 and, as specified,
for 2014.
Section 1. Commercial Management Measures for 2013 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 29,300 Chinook, no more than
8,700 of which may be caught in the area between the U.S./Canada border
and the Queets River. Seven days per week (C.1). All salmon except coho
(C.4, C.7). Chinook minimum size limit of 28 inches total length (B,
C.1). Vessels in possession of salmon north of the Queets River may not
cross the Queets River line without first notifying
[[Page 25869]]
Washington Department of Fish and Wildlife (WDFW) at 360-902-2739 with
area fished, total Chinook and halibut catch aboard, and destination.
Vessels in possession of salmon south of the Queets River may not cross
the Queets River line without first notifying WDFW at 360-902-2739 with
area fished, total Chinook and halibut catch aboard, and destination.
Cape Flattery, Mandatory Yelloweye Rockfish Conservation Area, and
Columbia Control Zones closed (C.4, C.5, C.6). See compliance
requirements (C.1) and gear restrictions and definitions (C.2, C.3). An
inseason conference call will occur when it is projected that 21,975
Chinook have been landed overall, or 6,525 Chinook have been landed in
the area between the U.S/Canada border and the Queets River, to
consider modifying the open period to five days per week and adding
landing and possession limits to ensure the guideline is not exceeded.
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 either
calling 541-867-0300 Ext. 271 or sending notification via email 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).
July 1 through earlier of September 17 or attainment of the quota
of 14,700 Chinook, no more than 6,100 of which may be caught in the
area between the U.S./Canada border and the Queets River, or 14,220
marked coho (C.8.d). July 1 through 9, then Friday through Tuesday,
July 12 through August 27 with a landing and possession limit of 50
Chinook and 40 coho per vessel per open period; Friday through Tuesday,
August 30 through September 17 with a landing and possession limit of
20 Chinook and 50 coho per vessel per open period (C.1). Vessels in
possession of salmon north of the Queets River may not cross the Queets
River line without first notifying WDFW at 360-902-2739 with area
fished, total Chinook, coho, and halibut catch aboard, and destination.
Vessels in possession of salmon south of the Queets River may not cross
the Queets River line without first notifying WDFW at 360-902-2739 with
area fished, total Chinook, coho, and halibut catch aboard, and
destination. No earlier than September 1, if at least 5,000 marked coho
remain on the quota, inseason action may be considered to allow non-
selective coho retention (C.8). All salmon except no chum retention
north of Cape Alava, Washington in August and September (C.7). Chinook
minimum size limit of 28 inches total length (B, C.1). All coho must be
marked except as noted above (C.8.d). See compliance requirements (C.1)
and gear restrictions and definitions (C.2, C.3). Mandatory Yelloweye
Rockfish Conservation Area, Cape Flattery and Columbia Control Zones,
and beginning August 9, Grays Harbor Control Zone closed (C.5). Vessels
must land and deliver their fish within 24 hours of any closure of this
fishery. 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.
Under state law, vessels must report their catch on a state fish
receiving ticket. 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 email 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.
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
April 1 through August 29;
September 4 through October 31 (C.9.a).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 28 inches total length (B, C.1). All vessels
fishing in the area must land their fish in the State of Oregon. See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3) and Oregon State regulations for a description of special
regulations at the mouth of Tillamook Bay.
Beginning September 4, no more than 100 Chinook per vessel per
landing week (Wednesday through Tuesday).
In 2014, the season will open March 15 for all salmon except coho.
Chinook minimum size limit of 28 inches total length (C.1). Gear
restrictions same as in 2013. This opening could be modified following
Council review at its March 2014 meeting.
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
April 1 through May 31;
June 1 through earlier of June 30, or a 4,000 Chinook quota;
July 1 through earlier of July 31, or a 3,000 Chinook quota;
August 1 through earlier of August 29, or a 2,000 Chinook quota;
September 16 through earlier of September 27, or a 1,000 Chinook
quota (C.9.a).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 28 inches total length (B, C.1). Prior to June 1,
all fish caught in this area must be landed and delivered in the State
of Oregon. June 1 through August 29 landing and possession limit of 30
Chinook per vessel per day. September 16 through 27 landing and
possession limit of 20 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 of this
fishery, and prior to fishing outside of this area. Oregon State
regulations require all fishers landing salmon from any quota managed
season within this area to notify 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 email 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.
[[Page 25870]]
See compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
In 2014, the season will open March 15 for all salmon except coho,
with a 28 inch Chinook minimum size limit (C.1). Gear restrictions same
as in 2013. This opening could be modified following Council review at
its March 2014 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
May 1 through earlier of May 31, or a 3,000 Chinook quota;
June 1 through earlier of June 30, or a 3,000 Chinook quota;
July 15 through earlier of July 31, or a 2,000 Chinook quota;
August 1 through earlier of August 29, or a 1,500 Chinook quota;
September 16 through earlier of September 30, or 6,000 Chinook
quota (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length (B, C.1). Landing and
possession limit of 20 Chinook per vessel per day (C.8.g). Any
remaining portion of the May, June and/or July Chinook quotas may be
transferred inseason on an impact neutral basis to the next open quota
period (C.8.c). All fish caught in this area must be landed within the
area and within 24 hours of any closure of the fishery and prior to
fishing outside the area (C.10). 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 Oregon/California border and Humbug Mountain and
open to the south, vessels with fish on board caught in the open area
off California may seek temporary mooring in Brookings, 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 (C.6).
--Humboldt South Jetty to Horse Mountain
Closed.
--Horse Mountain to Point Arena (Fort Bragg)
May 22 through 31;
June 1 through 8 and 21 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length (B, C.1). All fish must be
landed in California and offloaded within 24 hours of the August 29
closure (C.6). When the California KMZ fishery is open, all fish caught
in the area must be landed south of Horse Mountain (C.6). During
September, all fish must be landed north of Point Arena (C.6). See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
In 2014, the season will open April 16 through 30 for all salmon
except coho, with a 27-inch Chinook minimum size limit and the same
gear restrictions as in 2013. All fish caught in the area must be
landed in the area. This opening could be modified following Council
review at its March 2014 meeting.
--Point Arena to Pigeon Point (San Francisco)
May 1 through 31;
June 1 through 8 and 21 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length prior to September 1, 26
inches thereafter (B, C.1). All fish must be landed in California and
offloaded within 24 hours of the August 29 closure (C.6). During
September, all fish must be landed south of Point Arena (C.6). See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
Point Reyes to Point San Pedro (Fall Area Target Zone)
October 1 through 4, 7 through 11, and 14 through 15.
All salmon except coho (C.4, C.7). Chinook minimum size limit of 26
inches total length (B, C.1). All fish caught in this area must be
landed between Point Arena and Pigeon Point (C.6). See compliance
requirements (C.1) and gear restrictions and definitions (C.2, C.3).
--Pigeon Point to U.S./Mexico Border (Monterey)
May 1 through 31;
June 1 through 8 and 21 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length prior to September 1, 26
inches thereafter (B, C.1). All fish must be landed in California and
offloaded within 24 hours of the August 29 closure (C.6). During
September, all fish must be landed south of Point Arena (C.6). See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
California State regulations require that all salmon be made
available to a California Department of Fish and Wildlife (CDFW)
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 CDFW, 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) 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.......... 28.0 21.5 ........... ........... None
OR/CA Border to Humboldt South Jetty. 27.0 20.5 ........... ........... None
Horse Mountain to Point Arena........ 27.0 20.5 ........... ........... None
Point Arena to U.S./Mexico Border:
Prior to Sept. 1................. 27.0 20.5 ........... ........... None
Sept. 1 to Oct. 15............... 26.0 19.5 ........... ........... None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1
cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
[[Page 25871]]
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 or has
been closed less than 96 hours for that species of salmon. Salmon may
be landed in an area that has been closed for a species of salmon 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.
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 Oregon/California border: No more
than 4 spreads are allowed per line.
c. Oregon/California border to U.S./Mexico border: No more than 6
lines are allowed per vessel, and barbless circle hooks are required
when fishing with bait by any means other than trolling.
C.3. Gear Definitions
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
and/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. Vessel Operation in Closed Areas With Salmon on Board
a. Except as provided under C.4.b below, it is unlawful for a
vessel to have troll or recreational gear in the water while in 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.
b. When Genetic Stock Identification (GSI) samples will be
collected in an area closed to commercial salmon fishing, the
scientific research permit holder shall notify NOAA Office of Law
Enforcement (OLE), U.S. Coast Guard (USCG), CDFW, and Oregon State
Patrol (OSP) at least 24 hours prior to sampling and provide the
following information: The vessel name, date, location, and time
collection activities will be done. Any vessel collecting GSI samples
in a closed area shall not possess any salmon other than those from
which GSI samples are being collected. Salmon caught for collection of
GSI samples must be immediately released in good condition after
collection of samples.
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]55'36'' 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. 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 CDFW 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, 2013 for 2013 permits
and mid-March 2014 (exact date to be set by the IPHC in early 2014) for
2014 permits. Incidental harvest is authorized only during May and June
of the 2013 troll seasons and April, May, and June of the 2014 troll
seasons and after June 30 in 2013 or 2014 if quota remains and if
announced on the NMFS hotline (phone: 800-662-9825). WDFW, ODFW,
[[Page 25872]]
and CDFW will monitor landings. If the landings are projected to exceed
the 30,600 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, 2013 through April 30, 2014, IPHC license holders
may land or possess 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 15 halibut may be
possessed or landed per trip. Pacific halibut retained must be no less
than 32 inches in total length (with head on).
Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2013 will be in effect when incidental
Pacific halibut retention opens on April 1, 2014 unless modified by
inseason action.
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 Pacific coast
groundfish regulations (50 CFR 660.70(a)) 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
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, if the
transfer would not result in exceeding preseason impact expectations on
any stocks.
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 if the transfer would not result
in exceeding preseason impact expectations on any stocks.
c. Chinook remaining from the May, June, and/or July non-Indian
commercial troll quotas in the California KMZ may be transferred to the
Chinook quota for the next open period if the transfer would not result
in exceeding preseason impact expectations on any stocks.
d. NMFS may transfer fish between the recreational and commercial
fisheries north of Cape Falcon if there is agreement among the areas'
representatives on the Salmon Advisory Subpanel (SAS), and if the
transfer would not result in exceeding the preseason impact
expectations on any stocks.
e. At the March 2014 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2013).
f. If retention of unmarked coho is permitted by inseason action,
the allowable coho quota will be adjusted to ensure preseason projected
impacts on all stocks are 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 Fish and Game 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 2013 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 Queets River
May 10 through 11, May 17 through 18, and June 22 through 28 or a
coastwide marked Chinook quota of 8,000 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose 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).
--Queets River to Leadbetter Point
June 8 through earlier of June 22 or a coastwide marked Chinook
quota of 8,000 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose 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).
--Leadbetter Point to Cape Falcon
June 8 through earlier of June 21 or a coastwide marked Chinook
quota of 8,000 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose 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 29 through earlier of September 22 or 7,780 marked coho
subarea quota with a subarea guideline of 4,900 Chinook (C.5).
Seven days per week. All salmon except no chum beginning August 1;
two fish per day, plus two additional pink salmon. All coho must be
marked (C.1). Beginning August 1, Chinook non-retention east of the
Bonilla-Tatoosh line (C.4.a) during Council managed ocean fishery. 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 and coho recreational TACs for north of Cape Falcon (C.5).
--Cape Alava to Queets River (La Push Subarea)
June 29 through earlier of September 22 or 1,890 marked coho
subarea quota with a subarea guideline of 1,650 Chinook (C.5).
[[Page 25873]]
September 28 through earlier of October 13 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, plus two
additional pink salmon. All coho must be marked (see Ocean Boat Limits,
C.1). See gear restrictions (C.2, C.3). 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 23 through earlier of September 30 or 27,660 marked coho
subarea quota with a subarea guideline of 23,500 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 11 (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 22 through earlier of September 30 or 37,380 marked coho
subarea quota with a subarea guideline of 9,900 Chinook (C.5).
Seven days per week. All salmon; two fish per day, only 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). 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
March 15 through October 31 (C.6), except as provided below during
the all-salmon mark-selective and September non-mark-selective coho
fisheries.
Seven days per week. All salmon except coho; two fish per day (B,
C.1). Chinook minimum size limit of 24 inches total length (B). See
gear restrictions and definitions (C.2, C.3).
Non-mark-selective coho fishery: September 1 through the earlier of
September 30 or a landed catch of 16,000 non-mark-selective coho quota
(C.5).
September 1 through 2, then Thursday through Saturday thereafter;
all salmon, two fish per day (C.5);
September 3 through 4, then Sunday through Wednesday thereafter;
all salmon except coho, two fish per day. The all salmon except coho
season reopens the earlier of October 1 or attainment of the coho
quota. Open days may be adjusted inseason to utilize the available coho
quota (C.5).
In 2014, 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).
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).
--Cape Falcon to Oregon/California Border
All-salmon mark-selective coho fishery: July 1 through earlier of
July 31 or a landed catch of 10,500 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 from Cape Falcon to Humbug Mountain (C.5). The
all salmon except coho season reopens the earlier of August 1 or
attainment of the coho quota.
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).
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
May 1 through September 8, except as provided above during the all-
salmon mark-selective coho fishery (C.6).
All salmon except coho, except as noted above in the all-salmon
mark-selective coho fishery. Seven days per week, 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 1 through September 8 (C.6).
Seven days per week. All salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 20 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.
--Horse Mountain to Point Arena (Fort Bragg)
April 6 through November 10.
Seven days per week. All salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 20 inches total length (B). See
gear restrictions and definitions (C.2, C.3).
In 2014, season opens April 5 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 2013 (C.2, C.3). This opening
could be modified following Council review at its March 2014 meeting.
--Point Arena to Pigeon Point (San Francisco)
April 6 through November 10.
Open five days per week (Wednesday through Sunday) June 1 through
July 9, seven days per week otherwise. All salmon except coho, two fish
per day (C.1). Chinook minimum size limit of 24 inches total length
through July 31; 20 inches thereafter (B). See gear restrictions and
definitions (C.2, C.3).
In 2014, season opens April 5 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 2013 (C.2, C.3). This opening
could be modified following Council review at its March 2014 meeting.
--Pigeon Point to U.S./Mexico Border (Monterey)
April 6 through October 6.
Open five days per week (Wednesday through Sunday) June 1 through
July 9, seven days per week otherwise. 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 2014, season opens April 5 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 2013 (C.2, C.3). This opening
could be modified following Council review at its March 2014 meeting.
California State regulations require that all salmon be made
available to a CDFW 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 CDFW, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
[[Page 25874]]
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 Mountain 24.0 16.0 None
Humbug Mt. to OR/CA Border.... 24.0 16.0 None
OR/CA Border to Horse Mountain 20.0 ........... 20.0
Horse Mountain to Point Arena. 20.0 ........... 20.0
Point Arena to Pigeon Point:
April 6 to July 31........ 24.0 ........... 24.0
August 1 to November 10... 20.0 ........... 20.0
Pigeon Point to U.S./ 24.0 ........... 24.0
Mexico Border.
------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 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 Chinook and coho salmon for all
licensed and juvenile anglers aboard have 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 Mountain, 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: Off Oregon and Washington,
angling tackle consists of a single line that 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]24'37'' N. lat., 124[deg]44'37'' W. long.), then in a straight
line to Bonilla Point (48[deg]35'39'' N. lat., 124[deg]42'58'' 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]55'36'' 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
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
[[Page 25875]]
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 applies:
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 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, and if the transfer would not result in exceeding
preseason impact expectations on any stocks.
c. Chinook and coho may be transferred between the recreational and
commercial fisheries north of Cape Falcon if there is agreement among
the representatives of the SAS, and if the transfer would not result in
exceeding preseason impact expectations on any stocks.
d. Fishery managers may consider inseason action modifying
regulations restricting retention of unmarked coho. To remain
consistent with preseason expectations, any inseason action shall
consider, if significant, the difference between observed and preseason
forecasted mark rates. Such a consideration may also include a change
in bag limit of two salmon, no more than one of which may be a coho.
e. Marked coho remaining from the July 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 if the transfer would not result in exceeding
preseason impact expectations on any stocks.
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 2013 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
May 1 through the earlier of June 30 or 26,250 Chinook quota. All
salmon except coho. If the Chinook quota for the May through June
fishery is not fully utilized, the excess fish may be transferred into
the later all-salmon season (C.5.a). If the Chinook quota is exceeded,
the excess will be deducted from the later all-salmon season (C.5). See
size limit (B) and other restrictions (C).
July 1 through the earlier of September 15, or 26,250 preseason
Chinook quota (C.5), or 47,500 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 in the
same manner as in 2004 through 2012. Fish taken during this fishery are
to be counted against treaty troll quotas established for the 2013
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.
C.5. 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 treaty-Indian ocean
troll harvest guideline north of Cape Falcon may be transferred to the
July through September harvest guideline on a fishery impact equivalent
basis.
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 15, 2013, NMFS published
a final rule (78 FR 16423) to implement the IPHC's recommendations, to
announce fishery
[[Page 25876]]
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
2013. 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 (IPHC)
(phone: 206-634-1838). Applicants must apply prior to April 1, 2013 for
2013 permits and mid-March 2014 (exact date to be set by the IPHC in
early 2014) for 2014 permits. Incidental harvest is authorized only
during May and June of the 2013 troll seasons and April, May, and June
of the 2014 troll seasons and after June 30 in 2013 or 2014 if quota
remains and if announced on the NMFS hotline (phone: 800-662-9825).
Washington Department of Fish and Wildlife (WDFW), ODFW, and CDFW will
monitor landings. If the landings are projected to exceed the 30,600
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, 2013 through April 30, 2014, IPHC license holders
may land or possess 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 15 halibut may be
possessed or landed per trip. Pacific halibut retained must be no less
than 32 inches in total length (with head on).
Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2013 will be in effect when incidental
Pacific halibut retention opens on April 1, 2014 unless modified by
inseason action.
NMFS and the Council request that salmon trollers voluntarily avoid
a ``C-shaped'' YRCA (also known as the Salmon Troll YRCA) in order to
protect yelloweye rockfish. Coordinates for the Salmon Troll YRCA are
defined at 50 CFR 660.70(a) in the North Coast subarea (Washington
marine area 3). 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 of
Pacific coast salmon stocks and is consistent with the Magnuson-Stevens
Act and other applicable law. 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 Assistant Administrator for Fisheries finds good cause under 5
U.S.C. 553(b)(3)(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 or 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 culminating with 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
[[Page 25877]]
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 benefit of information regarding current stock status. For
the 2013 fishing regulations, the current stock status was not
available to the Council until February. Because a substantial amount
of fishing occurs during May and June, managing the fishery 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, 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 2012 management
measures will continue to apply in most areas. This would result in
excessive impacts to some salmon stocks, most notably ESA-listed
Sacramento River winter Chinook salmon.
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.
In addition, public comment is received and considered by the
Council and NMFS throughout the process of developing these management
measures. As described above, the Council takes comment at its March
and April meetings, and hears summaries of comments received at public
meetings held between the March and April meetings in each of the
coastal states. NMFS also invited comments in a notice published prior
to the March Council meeting, and considered comments received by the
Council through its representative on the Council. Thus, these measures
were developed with significant public input.
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, unnecessary, and contrary to
the public interest to provide an opportunity for prior notice and
public comment under 5 U.S.C. 553(b)(3)(B).
The Assistant Administrator for Fisheries 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 are 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. Delaying the effectiveness of these measures by 30
days 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 and the
requirements of the Magnuson-Stevens Act.
To enhance the fishing industry's notification of these new
measures, and to minimize the burden on the regulated community
required to comply with the new regulations, NMFS is announcing the new
measures over the telephone hotline used for inseason management
actions and is 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
email 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 February 28, 2013.
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 2013 are
consistent with the biological opinions that found no jeopardy, and
with the reasonable and prudent alternatives in the jeopardy biological
opinions. 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 many
cases, the recommended measures 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 jeopardize SRKW. The 2013 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.
[[Page 25878]]
Authority: 16 U.S.C. 773-773k; 1801 et seq.
Dated: April 29, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-10462 Filed 4-30-13; 4:15 pm]
BILLING CODE 3510-22-P