[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26425-26439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210505-0101]
RIN 0648-BJ97


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2021 Management Measures

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

ACTION: Final rule.

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SUMMARY: Through this final rule, NMFS establishes fishery management 
measures for the 2021 ocean salmon fisheries off Washington, Oregon, 
and California and the 2022 salmon seasons opening earlier than May 16, 
2022, under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA). Specific fishery management measures vary by 
fishery and by area, and 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 nautical miles (nmi)) (5.6-370.4 
kilometers (km)) off Washington, Oregon, and California. The management 
measures are intended to prevent overfishing and to apportion the ocean 
harvest equitably among treaty Indian, non-Indian 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, comply with applicable law, and to 
provide fishing opportunity for inside fisheries (fisheries occurring 
in state waters).

DATES: This final rule is effective from 0001 hours Pacific Daylight 
Time, May 16, 2021, until the effective date of the 2022 management 
measures, as published in the Federal Register.

ADDRESSES: The documents cited in this document are available on the 
Pacific Fishery Management Council's (Council's) website 
(www.pcouncil.org).

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION:

Background

    The ocean salmon fisheries in the EEZ off the coasts of Washington, 
Oregon, and California are managed under a ``framework'' Fishery 
Management Plan (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 FMP, by notification 
in the Federal Register. Regulations at 50 CFR 660.408 govern the 
establishment of annual management measures.
    The management measures for the 2021 and early 2022 ocean salmon 
fisheries that are implemented in this final rule were recommended by 
the Council at its April 6 to 15, 2021, meeting.

Process Used To Establish 2021 Management Measures

    The Council announced its annual preseason management process for 
the 2021 ocean salmon fisheries in the Federal Register on December 23, 
2020 (85 FR 83896), and on the Council's website at www.pcouncil.org. 
NMFS published an additional notice of opportunity to submit public 
comments on the 2021 ocean salmon fisheries in the Federal Register on 
January 18, 2021 (86 FR 5143). 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 the development of the 2021 ocean salmon fisheries. The agendas for 
the March and April

[[Page 26426]]

Council meetings were published in the Federal Register (86 FR 2641, 
January 13, 2021, and 86 FR 14878, March 19, 2021, respectively), and 
posted on the Council's website prior to the actual meetings.
    In accordance with the FMP, the Council's Salmon Technical Team 
(STT) and economist prepared four reports for the Council, its 
advisors, and the public. All four reports were made available on the 
Council's website upon their completion. The first of the reports, 
``Review of 2020 Ocean Salmon Fisheries,'' was prepared in February 
when the first increment of scientific information necessary for 
crafting management measures for the 2021 and early 2022 ocean salmon 
fisheries became available. The first report summarizes biological and 
socio-economic data from the 2020 ocean salmon fisheries and assesses 
the performance of the fisheries with respect to the Council's 2020 
management objectives as well as providing historical information for 
comparison. The second report, ``Preseason Report I Stock Abundance 
Analysis and Environmental Assessment Part 1 for 2021 Ocean Salmon 
Fishery Regulations'' (PRE I), provides the 2021 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2020 regulations and regulatory procedures were 
applied to the projected 2021 stock abundances. The completion of PRE I 
is the initial step in developing and evaluating the full suite of 
preseason alternatives.
    Following completion of the first two reports, the Council met via 
webinar from March 2 to 11, 2021, to develop 2021 management 
alternatives for proposal to the public. The Council proposed three 
alternatives for commercial and recreational fisheries management, and 
six alternatives for treaty Indian fisheries management for analysis 
and public comment. These alternatives consisted of various 
combinations of management measures designed to ensure that stocks of 
coho and Chinook salmon meet conservation goals, and to provide for 
ocean harvests of more abundant stocks. After the March Council 
meeting, the Council's STT and economist prepared a third report, 
``Preseason Report II Proposed Alternatives and Environmental 
Assessment Part 2 for 2021 Ocean Salmon Fishery Regulations'' (PRE II), 
which analyzes the effects of the proposed 2021 management 
alternatives.
    The Council sponsored public hearings via webinar to receive 
testimony on the proposed alternatives on March 23, 2021, for 
Washington and California, and on March 24, 2021, for Oregon. 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 and 
electronic submissions via the Council's electronic portal.
    The Council met from April 6 to 15, 2021, via webinar, to adopt its 
final 2021 ocean salmon management recommendations. Following the April 
Council meeting, the Council's STT and economist prepared a fourth 
report, ``Preseason Report III Analysis of Council-Adopted Management 
Measures for 2021 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 transmitted the recommended 
management measures to NMFS, published them in its newsletter, and 
posted them on the Council website (www.pcouncil.org).
    Historically, the annual salmon management cycle began May 1 and 
continued through April 30 of the following year. The Council adopted 
Amendment 20 to the FMP in September 2020 (86 FR 8750, February 9, 
2021). This amendment, in part, changed the preseason schedule. NMFS 
approved Amendment 20 to the FMP on April 22, 2021 (86 FR 22622, April 
22, 2012). Under the newly amended FMP, the management cycle now begins 
May 16 and continues through May 15 of the following year. This final 
rule is effective on May 16, 2021, consistent with the FMP as amended 
under Amendment 20. Fisheries that begin prior to May 16, 2021 are 
governed by the rule implementing the salmon fishery management 
measures for the 2020 ocean salmon season (85 FR 27317, May 8, 2020). 
The majority of fisheries recommended by the Council for 2021 begin May 
16, 2021 and are authorized under this rule. Fisheries scheduled to 
begin before May 16, 2021, which were authorized under the 2020 rule, 
are the commercial fisheries from the U.S./Mexico border to Humboldt 
South Jetty, CA, and from Horse Mountain, CA, to the U.S./Mexico 
border, recreational fisheries from Cape Falcon, OR, to Humbug 
Mountain, OR, and from Horse Mountain, CA, to the U.S./Mexico border, 
and treaty Indian troll fisheries north of Cape Falcon. For purposes of 
analyzing the impacts of these fisheries on individual stocks relative 
to the applicable objectives in the FMP, Council analysts assumed 
fisheries prior to May 16, 2021, would be conducted under the 2020 
management measures for the March 15 to May 15 time period, consistent 
with the effective date of the 2020 salmon management measures rule and 
subsequent inseason actions under 50 CFR 660.409. Several fisheries 
scheduled to open between March 15, 2021 and May 15, 2021, were 
modified through inseason action to shorten or delay the fisheries in 
response to updated salmon stock forecast information for 2021.

National Environmental Policy Act (NEPA)

    The environmental assessment (EA) for this action comprises the 
Council's documents described above (PRE I, PRE II, and PRE III), 
providing analysis of environmental and socioeconomic effects under 
NEPA. The EA and its related Finding of No Significant Impact are 
posted on the NMFS West Coast Region website (www.fisheries.noaa.gov/region/west-coast).

Resource Status

Stocks of Concern

    The FMP requires that the fisheries be shaped to meet escapement-
based Annual Catch Limits (ACLs), Endangered Species Act (ESA) 
consultation requirements, obligations of the Pacific Salmon Treaty 
(PST) between the United States and Canada, and other conservation 
objectives detailed in the FMP. In addition, under the MSA, all 
regulations must be consistent with other applicable law. Because the 
ocean salmon fisheries are mixed-stock fisheries, this requires ``weak 
stock'' management to avoid exceeding limits for the stocks with the 
most constraining limits. Abundance forecasts for individual salmon 
stocks can vary significantly from one year to the next; therefore, the 
stocks that constrain the fishery in one year may differ from those 
that constrain the fishery in the next. For 2021, several stocks will 
constrain fisheries; these are described below.
    Fisheries south of Cape Falcon are limited in 2021 primarily by 
conservation concerns for Klamath River fall-run Chinook salmon (KRFC). 
NMFS determined in 2018 that the KRFC stock was overfished, as defined 
under the MSA and the FMP. The

[[Page 26427]]

Council developed a rebuilding plan for KRFC which NMFS has approved 
(85 FR 75920, November 27, 2020). Fisheries north of Cape Falcon are 
limited by conservation concerns for Washington coastal coho salmon 
stocks--primarily Queets River natural (Queets) and ESA conservation 
requirements for the Lower Columbia River natural (LCR) Chinook salmon 
evolutionarily significant unit (ESU)--primarily the tule component of 
the LCR Chinook salmon ESU. Queets coho salmon was determined in 2018 
to be overfished; the Council has developed a rebuilding plan which 
NMFS has approved (86 FR 9301, February 12, 2021). The limitations 
imposed in order to protect these stocks are described below. The 
alternatives and the Council's recommended management measures for 2021 
were designed to avoid exceeding these limitations. In addition to KRFC 
and Queets coho salmon, three other salmon stocks (Sacramento River 
fall-run Chinook salmon (SRFC), Strait of Juan de Fuca natural coho 
salmon, and Snohomish River natural coho salmon) were also determined 
in 2018 to be overfished, and the Council has recommended rebuilding 
plans for these stocks. NMFS has approved the rebuilding plan for SRFC 
(85 FR 75920, November 27, 2020) and the rebuilding plans for the 
Strait of Juan de Fuca and Snohomish River natural coho salmon stocks 
(86 FR 9301, February 12, 2021). Meeting conservation objectives for 
these three stocks being managed under rebuilding plans (SRFC, Strait 
of Juan de Fuca, and Snohomish River natural coho salmon) will not 
constrain fisheries in 2021.
    KRFC (not ESA-listed): Abundance for this non-ESA-listed stock in 
recent years has been historically low, and the stock is currently 
overfished based on spawning escapement in 2015, 2016, and 2017. The 
FMP defines ``overfished'' status in terms of a three-year geometric 
mean escapement level and whether it is below the minimum stock size 
threshold (MSST). Forecast abundance for KRFC in 2021 is 181,508. This 
KRFC forecast is the seventh lowest on record and three percent lower 
than in 2020; the record low abundance forecast, 54,246, was in 2017. 
Fisheries in 2021 will be constrained in Oregon and California to meet 
the requirements of the KRFC harvest control rule in the FMP and the 
rebuilding plan, to meet a 25.0 percent de minimis exploitation rate, 
which results in a natural-area spawning escapement projection of 
31,574, which is greater than the MSST (30,525 spawners), but below the 
maximum sustainable yield spawner escapement (SMSY) (40,700 
spawners). Fisheries south of Cape Falcon, particularly in the Klamath 
Management Zone (KMZ) from Humbug Mountain, OR, to Horse Mountain, CA, 
will be constrained to meet this goal.
    Queets natural coho (not ESA-listed): The Queets coho salmon stock 
is managed in Council-area and in northern fisheries, subject to the 
provisions of the PST. In 2018, NMFS determined that Queets coho salmon 
was overfished, based on escapements in 2014, 2015, and 2016. Under the 
FMP and the Council's rebuilding plan, Queets coho salmon is managed 
for an escapement of 5,800 (SMSY) natural adult spawners. 
However, the FMP provides that annual natural spawning escapement 
targets may vary from FMP conservation objectives if agreed to by WDFW 
and treaty tribes under the provisions of Hoh Indian Tribe v. Baldrige 
and United States v. Washington. The forecast abundance of Queets 
natural coho salmon in 2021, prior to any fishing impacts, is 3,919 
adult coho, 50 percent of the 2020 forecast of 7,834 thousand adult 
coho salmon. The average preseason abundance forecast for Queets coho 
salmon over the past decade (2011-2020) was 12,873 adult coho salmon. 
The 2021 Queets coho salmon forecast is, therefore, well below the 
SMSY goal of 5,800 spawners. Under the criteria of the PST's 
Southern Coho Management Plan, Queets coho salmon abundance is in the 
``low'' category in 2021 and subject to a total exploitation rate limit 
of 20 percent. The WDFW and treaty tribe co-managers have agreed to a 
spawning escapement goal of 3,150 spawners for Queets coho salmon in 
2021. Both the exploitation rate limit and the derivation of the 
escapement goal account for salmon fishery impacts outside of Council-
area salmon fisheries. Meeting the escapement goal of 3,150 spawners is 
expected to achieve salmon fishery impacts on Queets coho salmon that 
are consistent with limits required by the PST.
    LCR Chinook salmon (ESA-listed threatened): The LCR Chinook salmon 
ESU comprises 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. Under the provisions of NMFS' 2012 biological 
opinion on the impact of Council-area salmon fisheries on LCR Chinook 
salmon, Council fisheries must be managed subject to an abundance-based 
management (ABM) framework, after accounting for anticipated impacts in 
northern fisheries and freshwater fisheries that are outside the action 
area. Applying the ABM framework to the 2021 preseason abundance 
forecast, the total LCR tule exploitation rate for all salmon fisheries 
is limited to a maximum of 38 percent. Fisheries will be constrained 
north of Cape Falcon in 2021 such that, when combined with all other 
salmon fisheries in the ocean and in the Columbia River below 
Bonneville Dam, the ESA requirement is met.

Other Resource Issues

    Southern Resident Killer Whale (SRKW) (ESA-listed endangered): The 
SRKW distinct population segment (DPS) was listed under the ESA as 
endangered in 2005 (70 FR 69903, November 18, 2005). NMFS issued a 
biological opinion analyzing the effects of the ocean salmon fisheries 
on SRKW in 2009 which concluded that these fisheries are not likely to 
jeopardize SRKW. NMFS reinitiated consultation on the effects of the 
ocean salmon fisheries on SRKW on April 12, 2019. To inform the new 
consultation, the Council formed an ad hoc workgroup (SRKW Workgroup), 
including salmon and SRKW experts, at its April 2019 meeting. The SRKW 
Workgroup was tasked to develop a long-term approach that included 
proposed conservation measures and management tools that would limit 
PFMC fishery impacts to prey availability for SRKW relative to 
implementing the FMP.
    The SRKW workgroup developed a risk assessment report which 
suggests that Chinook salmon abundance north of Cape Falcon is 
consistently more important to SRKW than abundance in areas south of 
Cape Falcon. The report noted that the SRKW DPS is observed north of 
Cape Falcon in all seasons and likely has some direct overlap with the 
salmon fisheries every year, whereas there is likely limited overlap 
with the salmon fisheries in some years south of Cape Falcon. 
Furthermore, the contribution of Chinook salmon south of Cape Falcon to 
SRKW diet may also be largely confined to the winter/spring season, 
after maturing fall-run Chinook salmon adults that escaped the current 
year's fishery leave the ocean. The report also provided evidence that, 
after executing Council-area salmon fisheries, the percent of prey 
remaining and

[[Page 26428]]

available to SRKW has increased coastwide over the last several 
decades. The SRKW Workgroup's risk assessment report provides the most 
current information on SRKW and their predator-prey interaction with 
Pacific salmon.
    Based largely on the SRKW Workgroup's risk assessment report, the 
Council developed an approach to set a Chinook salmon annual abundance 
management threshold below which the Council and NMFS would implement 
specific measures to limit ocean salmon fishery impacts on Chinook 
salmon in order to increase salmon prey availability for SRKW. These 
measures include time and area closures, a quota limitation for the 
North of Falcon area, and temporal shifts in fishing. At its November 
2020 meeting, the Council adopted this approach as an amendment to the 
FMP for recommendation to NMFS (if approved, this will be Amendment 21 
to the FMP). NMFS has completed an ESA consultation on authorization of 
the ocean salmon fishery in the west coast EEZ through approval of the 
FMP and promulgation of regulations implementing the plan, including 
approval and implementation of Amendment 21. NMFS' biological opinion 
(WCRO-2019-04072, April 21, 2021) concluded that authorization of the 
ocean salmon fishery in the west coast EEZ through approval of the FMP 
and promulgation of regulations implementing the plan, including 
approval and implementation of Amendment 21, is not likely to 
jeopardize the continued existence of the SRKW DPS or destroy or 
adversely modify its designated or proposed critical habitat. The 
Council and NMFS considered the Chinook salmon abundance threshold 
approach in proposed Amendment 21, as analyzed in the 2021 biological 
opinion, when developing 2021 annual management measures. Because the 
pre-season estimate of the abundance of Chinook salmon in 2021 exceeds 
the threshold in the proposed amendment, the Council did not recommend 
implementation of the additional management measures included in 
Amendment 21. The 2021 management measures are consistent with the 
proposed action analyzed in the 2021 biological opinion.
    Oregon Production Index area (OPI) coho salmon: The abundance 
forecast for OPI coho salmon in 2021, 1.73 million adult salmon, is the 
second largest on record (the 2001 abundance forecast for OPI coho was 
1.76 million). The large forecast for OPI coho salmon, dominated by 
hatchery coho from the Columbia River Basin, will provide additional 
salmon fishery opportunities in the Columbia River management area, 
while salmon fisheries along the remainder of the coast are 
significantly constrained to protect KRFC and Washington coastal coho 
salmon stocks.

Annual Catch Limits and Status Determination Criteria

    Annual Catch Limits (ACLs) are set for two Chinook salmon stocks, 
SRFC and KRFC, and one coho salmon stock, Willapa Bay natural coho 
salmon. The Chinook salmon stocks are indicator stocks for the Central 
Valley Fall Chinook salmon complex, and the Southern Oregon/Northern 
California Chinook salmon complex, respectively. The Far North 
Migrating Coastal Chinook salmon complex (FNMC) includes a group of 
Chinook salmon stocks that are caught primarily in fisheries north of 
Cape Falcon and other fisheries that occur north of the U.S./Canada 
border. No ACL is set for FNMC stocks because they are managed subject 
to provisions of the PST between the U.S. and Canada (the MSA provides 
an international exception from ACL requirements that applies to stocks 
or stock complexes subject to management under an international 
agreement, which is defined as ``any bilateral or multilateral treaty, 
convention, or agreement which relates to fishing and to which the 
United States is a party'' (50 CFR 600.310(h)(1)(ii)). Other Chinook 
salmon stocks caught in fisheries north of Cape Falcon are ESA-listed 
or hatchery produced, and are managed consistent with ESA consultations 
or hatchery goals. Willapa Bay natural coho salmon is the only coho 
salmon stock for which an ACL is set, as the other coho salmon stocks 
in the FMP are either ESA-listed, hatchery produced, or managed under 
the PST.
    ACLs for salmon stocks are escapement-based, which means they 
establish a number of adults that must escape the fisheries to return 
to the spawning grounds. ACLs are set based on the annual potential 
spawner abundance forecast and a fishing rate reduced to account for 
scientific uncertainty. For SRFC in 2021, the overfishing limit (OFL) 
is SOFL = 270,958 (potential spawner abundance forecast) 
multiplied by 1-FMSY (1-0.78) or 59,611 returning spawners 
(FMSY is the fishing mortality rate that would result in 
maximum sustainable yield--MSY). SABC (the spawner 
escapement that is associated with the acceptable biological catch) is 
270,958 multiplied by 1-FABC (1-0.70) (FMSY 
reduced for scientific uncertainty = 0.70) or 81,287. The 
SACL is set equal to SABC, i.e., 81,287 spawners. 
The adopted management measures provide for a projected SRFC spawning 
escapement of 133,913. For KRFC in 2021, SOFL is 42,098 
(potential spawner abundance forecast) multiplied by 1-FMSY 
(1-0.71), or 12,208 returning spawners. SABC is 42,098 
multiplied by 1-FABC (1-0.68) (FMSY reduced for 
scientific uncertainty = 0.68) or 13,471 returning spawners. 
SACL is set equal to SABC, i.e., 13,471 spawners. 
When KRFC potential spawner abundance is projected to be less than 
54,267 natural-area adults, fisheries are managed under the de minimis 
portion of the control rule, which allows for some fishing opportunity 
but results in the expected escapement falling below 40,700 natural-
area adult spawners (SMSY). The adopted management measures 
provide for a projected KRFC spawning escapement of 31,574. For Willapa 
Bay natural coho in 2021, SOFL = 36,908 (potential spawner 
abundance forecast) multiplied by 1-FMSY (1-0.74) or 9,596 
returning spawners. SABC is 36,908 multiplied by 1-
FABC (1-0.70) (FMSY reduced for scientific 
uncertainty = 0.70) or 11,072. SACL is set equal to 
SABC, i.e., 11,072 spawners. The adopted management measures 
provide for a projected Willapa Bay natural coho ocean escapement of 
23,452. In summary, for 2021, projected abundance of the three stocks 
with ACLs (SRFC, KRFC, and Willapa Bay natural coho salmon), in 
combination with the constraints for ESA-listed and non-ESA-listed 
stocks, are expected to result in escapements greater than required to 
meet the ACLs for all three stocks with defined ACLs.
    As explained in more detail above under ``Stocks of Concern,'' 
fisheries north and south of Cape Falcon are constrained by impact 
limits necessary to protect ESA-listed LCR Chinook salmon, and to meet 
the management targets for non-ESA listed Queets natural coho salmon 
and KRFC. The management measures recommended by the Council are 
anticipated to result in spawning escapements for KRFC, SRFC, and 
Willapa Bay natural coho that are higher than the respective 2021 ACLs 
for these stocks.

Public Comments

    The Council invited written comments on developing 2021 salmon 
management measures in their notice announcing public meetings and 
hearings (85 FR 83896, December 23, 2020). At its March meeting, the 
Council developed three alternatives for 2021 commercial and 
recreational salmon management measures having a range of quotas, 
season structure, and impacts, from the least restrictive in 
Alternative I to the most restrictive in Alternative

[[Page 26429]]

III, as well as six alternatives for 2021 North of Cape Falcon treaty 
Indian troll salmon management measures. These alternatives are 
described in detail in PRE II. Subsequently, comments were taken at 
three public hearings held in March, staffed by representatives of the 
Council and NMFS. The Council received 253 written comments on 2021 
ocean salmon fisheries via their electronic portal. The three public 
hearings were attended by a total of 158 people; 30 people provided 
oral comments. Comments came from individual fishers, fishing 
associations, fish buyers, processors, the general public, and 
conservation organizations. Written and oral comments addressed the 
2021 management alternatives described in PRE II, and generally 
expressed preferences for a specific alternative or for particular 
season structures. Approximately half of the written comments that were 
submitted focused on fishery effects on ESA-listed SRKW. All comments 
were made available via the Council's online briefing book for the 
April 2021 Council meeting and were considered by the Council, which 
includes a representative from NMFS, in developing the recommended 
management measures transmitted to NMFS on April 22, 2021. In addition 
to comments collected at the public hearings and those submitted 
directly to the Council, several people provided oral comments at the 
April 2021 Council meeting. NMFS also invited comments to be submitted 
directly to the Council or to NMFS, via the Federal Rulemaking Portal 
(www.regulations.gov) in a notice (86 FR 5143, January 18, 2021); NMFS 
received no comments via the Federal Rulemaking Portal.
    Comments on alternatives for commercial salmon fisheries. Many 
written comments did not identify the fishery being commented on, 
either by geography or sector. Relatively few written comments 
specifically addressed commercial salmon fisheries. Of those that did 
submit written comments specifically on commercial fisheries, eight 
supported Alternative III. Alternatives I and II each received one 
written comment of support. Those testifying on north of Cape Falcon 
commercial salmon fisheries at the Washington hearing supported the 
total allowable catch for Chinook salmon in Alternative I and the total 
allowable catch for coho salmon in Alternative II. Those testifying on 
south of Cape Falcon commercial salmon fisheries at the Oregon hearing 
divided their support among the three alternatives. Those testifying on 
south of Cape Falcon commercial salmon fisheries at the California 
hearing largely supported Alternative I. The Council adopted commercial 
fishing alternatives north and south of Cape Falcon that are within the 
range of the alternatives considered.
    Comments on alternatives for recreational fisheries. As mentioned 
above, many written comments did not identify the fishery being 
commented on, either by geography or sector. Those that did submit 
written comments specifically on recreational fisheries supported 
Alternative I almost unanimously. Most spoke to maximizing fishing 
opportunity, which would be consistent with Alternative I. Many spoke 
to the economic benefit to businesses and communities from recreational 
fisheries. A few comments addressed water management as a key concern. 
Several written comments on the recreational salmon fishery in the 
Klamath Management Zone objected to what appeared to be a loss of 
recreational fishing days to the benefit of the commercial sector. In-
person testimony on recreational fisheries at the three public hearings 
was similar to the written comments--support for maximizing fishing 
opportunity. The Council adopted recreational fishing alternatives 
north and south of Cape Falcon that are within the range of 
alternatives considered.
    Comments from federally recognized tribes, including treaty tribe 
representatives. At its March and April meetings, the Council heard 
testimony from members of several federally recognized tribes including 
tribes with treaty rights for salmon harvest; additional comments were 
submitted in writing. Tribes expressed concern over the low forecasts 
for some stocks in 2021 and the ramifications for tribal fisheries. 
Tribes also expressed concern over a pattern of overforecasting 
abundance of OPI coho in recent years and the impact such forecasts 
have on ocean fishing opportunity, stocks of concern, and the preseason 
modeling process.
    Comments on SRKW. The Council received 128 written comments for the 
April Council meeting on potential fishery effects on SRKW. Many 
comments were identical. Specific comments were made regarding reducing 
or closing ocean salmon fisheries, moving ocean salmon fisheries closer 
to terminal areas, and dam impacts on salmon abundance.
    The Council, including the NMFS representative, took all of these 
comments into consideration. The Council's final recommendation 
generally includes aspects of all three alternatives, while taking into 
account the best available scientific information and ensuring that 
fisheries are consistent with impact limits for ESA-listed stocks, 
ACLs, PST obligations, other ESA requirements, MSA requirements, and 
tribal fishing rights. The Council and NMFS also considered comments on 
the NEPA analysis in preparing the final EA.

Management Measures

    The Council's recommended ocean harvest levels and management 
measures for the 2021 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 to be responsive to the goals of the FMP, 
the requirements of the resource, and the socioeconomic factors 
affecting resource users. The recommendations are consistent with the 
requirements of the MSA, U.S. obligations to Indian tribes with 
federally recognized fishing rights, and U.S. international obligations 
regarding Pacific salmon. The Council's recommended management measures 
are consistent with the proposed actions analyzed in NMFS' ESA 
consultations for those ESA-listed species that may be affected by 
Council fisheries, and are otherwise consistent with ESA obligations. 
Accordingly, NMFS, through this final rule, approves and implements the 
Council's recommendations.
    North of Cape Falcon, 2021 management measures for non-Indian 
commercial troll and recreational fisheries have somewhat increased 
quotas for Chinook salmon compared to 2020; coho salmon quotas are 
substantially higher than in 2020, with most of the coho salmon quota 
dedicated to the Columbia River management area to access the abundant 
OPI coho salmon forecast. Overall north of Cape Falcon non-Indian 
commercial and recreational total allowable catch in 2021 is 58,000 
Chinook salmon and 75,000 coho salmon marked with a healed adipose fin 
clip. The commercial troll fishery, north of Cape Falcon, will have a 
May-June Chinook salmon only fishery with a quota of 15,375 Chinook 
salmon, and a July-September fishery with a quota of 15,375 Chinook 
salmon or 5,000 marked coho salmon. The recreational fishery, north of 
Cape Falcon, will have a July-September fishery with a total allowable 
catch of 27,250 Chinook salmon and 70,000

[[Page 26430]]

marked coho salmon, with subarea quotas.
    Quotas for the 2021 treaty-Indian commercial troll fishery North of 
Cape Falcon are 40,000 Chinook salmon and 26,500 coho in ocean 
management areas and Washington State Statistical Area 4B combined. 
These quotas provide more Chinook salmon and substantially more coho 
than in 2020. The treaty-Indian commercial fisheries include a May-June 
fishery with a quota of 20,000 Chinook salmon, and a July-September 
fishery, with quotas of 20,000 Chinook salmon and 26,500 coho salmon.
    South of Cape Falcon, commercial troll and recreational fishery 
management measures are shaped to meet conservation and management 
goals for KRFC spawning escapement.
    The timing of the March and April Council meetings makes it 
impracticable for the Council to recommend fishing seasons that begin 
before May of the same year. Therefore, this action also establishes 
the 2022 fishing seasons that open earlier than May 16. The Council 
recommended, and NMFS concurs, that the commercial and recreational 
seasons will open in 2022 as indicated in the ``Season Description'' 
section of this document. At the March and/or April 2022 meeting, NMFS 
may take inseason action, if recommended by the Council, to adjust the 
commercial and recreational seasons prior to the effective date of the 
2022 management measures which are expected to be effective in mid-May 
2022.
    The following sections set out the management regime for the ocean 
salmon fishery. Open seasons and days are described in Sections 1, 2, 
and 3 of the 2020 management measures. Inseason closures in the 
commercial and recreational fisheries are announced on the NMFS hotline 
and through the U.S. Coast Guard (USCG) 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, approved, and implemented here for 2021 and, as specified, for 
2022. Dates in the management measures that precede May 16, 2021, were 
promulgated in our 2020 rule (85 FR 27317, May 8, 2020) and modified by 
inseason action at the March and April 2021 Council meetings (86 FR 
16540, March 30, 2021, and 86 FR 23872, May 5, 2021). These dates are 
included for information only and to provide continuity for the public 
and for states adopting conforming regulations each May that refer to 
the Federal rule for the same year.

Section 1. Commercial Management Measures for 2021 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 1-15;
    May 16 through the earlier of June 29, or 15,375 Chinook salmon 
quota.
    May-June quota of 15,375 Chinook salmon, no more than 5,680 of 
which may be caught in the area between the U.S./Canada border and the 
Queets River, and no more than 4,195 of which may be caught in the area 
between Leadbetter Point and Cape Falcon (C.8). In the area between the 
U.S./Canada border and the Queets River, the landing and possession 
limit is 75 Chinook salmon per vessel per landing week (Thursday-
Wednesday) (C.1, C.6). In the area between Leadbetter Point and Cape 
Falcon, the landing and possession limit is 75 Chinook salmon per 
vessel per landing week (Thursday-Wednesday) (C.1, C.6). Open seven 
days per week (C.1). All salmon, except coho salmon (C.4, C.7). Chinook 
salmon minimum size limit of 27 inches total length (B). See compliance 
requirements (C.1) and gear restrictions and definitions (C.2, C.3). 
When it is projected that approximately 75 percent of the overall 
Chinook salmon guideline has been landed, or approximately 75 percent 
of any of the individual Chinook salmon subarea guidelines have been 
landed, inseason action will be considered to ensure the guideline is 
not exceeded. In 2022, the season will open May 1 consistent with all 
preseason regulations in place in this area and subareas during May 16-
June 30, 2021, including subarea salmon guidelines and quotas, and 
weekly vessel limits, except as described below for vessels fishing or 
in possession of salmon north of Leadbetter Point. This opening could 
be modified following Council review at its March and/or April 2022 
meetings.
    July 1 through the earlier of September 30, or 15,375 Chinook 
salmon or 5,000 coho salmon (C.8).
    Landing and possession limit of 20 marked coho salmon per vessel 
per landing week (Thursday-Wednesday) (C.1). Open seven days per week. 
All salmon, except no chum salmon retention north of Cape Alava, 
Washington in August and September (C.4, C.7). Chinook salmon minimum 
size limit 27 inches total length and coho salmon minimum size limit 16 
inches total length (B, C.1). All coho salmon must be marked with a 
healed adipose fin clip (C.8.d). See compliance requirements (C.1) and 
gear restrictions and definitions (C.2, C.3).
    For all commercial troll fisheries north of Cape Falcon: Mandatory 
closed areas include: Salmon troll Yelloweye Rockfish Conservation 
(YRCA) Area, Cape Flattery, and Columbia Control Zones, and beginning 
August 9, Grays Harbor Control Zone (C.5). Vessels must land and 
deliver their salmon within 24 hours of any closure of this fishery. 
Vessels fishing or in possession of salmon north of the Queet River may 
not cross the Queets River line without first notifying WDFW at 360-
249-1215 with area fished, total Chinook salmon, coho salmon, 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 360-249-1215 with area fished, total Chinook 
salmon, coho salmon, and halibut catch aboard, and destination (C.11). 
In 2021, vessels may not land any species of fish east of Port Angeles 
or east of the Megler-Astoria Bridge. For delivery to Washington ports 
east of the Sekiu River, vessels must notify WDFW at 360-249-1215 prior 
to crossing the Bonilla-Tatoosh line with the area fished, total 
Chinook salmon, coho salmon, and halibut catch aboard, and destination 
with approximate time of delivery. In 2022, vessels may not land any 
species of fish east of the Sekiu River or east of the Megler-Astoria 
Bridge. Vessels fishing or in possession of salmon north of Leadbetter 
Point must land and deliver all species of fish in a Washington port 
and must possess a Washington troll and/or salmon delivery license. For 
delivery to Washington ports south of Leadbetter Point, vessels must 
notify the WDFW at 360-249-1215 prior to crossing the Leadbetter Point 
line with area fished, total Chinook salmon, coho salmon, and halibut 
catch aboard, and destination with approximate time of delivery. During 
any single trip, only one side of the Leadbetter Point line may be 
fished (C.11). Vessels fishing or in possession

[[Page 26431]]

of salmon while fishing south of Leadbetter Point must land and deliver 
all species of fish within the area and south of Leadbetter Point, 
except that Oregon permitted vessels may also land all species of 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 to notify ODFW within one 
hour of delivery or prior to transport away from the port of landing by 
either calling 541-857-2546 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).
South of Cape Falcon, OR
--Cape Falcon to Heceta Bank Line

    March 20-April 30 (C.9.a).
    All salmon except coho salmon, except as described below (C.4, 
C.7). Chinook salmon minimum size limit of 28 inches total length (B, 
C.1). All vessels fishing in the area must land their salmon in the 
state of Oregon. See gear restrictions and definitions (C.2, C.3). In 
2022, the season will open March 15 for all salmon except coho salmon. 
Chinook salmon minimum size limit of 28 inches total length. Gear 
restrictions same as in 2021. This opening could be modified following 
Council review at its March 2022 meeting.

--Cape Falcon to Humbug Mountain

    May 1-5, 10-15;
    May 16-21, 26-31;
    June 5-7, 12-14, 19-21, 26-28;
    September 1-October 31 (C.9.a).
    All salmon except coho salmon, except as described below (C.4, 
C.7). Beginning September 1, no more than 75 Chinook salmon allowed per 
vessel per landing week (Thursday-Wednesday). Chinook salmon minimum 
size limit of 28 inches total length (B, C.1). All vessels fishing in 
the area must land their salmon in the state of Oregon. See gear 
restrictions and definitions (C.2, C.3).
    July 5-7, 12-14, 19-21, 26-28;
    August 1-4, 8-10, 15-17 (C.9.a).
    All salmon. All retained coho salmon must be marked with a healed 
adipose fin clip (C.4, C.7). If the coho quota for the combined area 
from Cape Falcon to Humbug Mountain of 10,000 marked coho is met, then 
the season continues for all salmon except coho on the remaining open 
days. Salmon trollers may take and retain or possess on board a fishing 
vessel no more than 20 coho per vessel per week (Thursday-Wednesday). 
All coho salmon retained, possessed on a vessel, and landed must not 
exceed a 1:1 ratio with Chinook salmon that are retained and landed at 
the same time. Coho salmon minimum size limit of 16 inches total 
length, and Chinook salmon minimum size limit of 28 inches total length 
(B, C.1). All vessels fishing in the area must land their salmon in the 
state of Oregon. See gear restrictions and definitions (C.2, C.3). In 
2022, the season will open March 15 for all salmon except coho. Chinook 
salmon minimum size limit of 28 inches total length. Gear restrictions 
same as in 2021. This opening could be modified following Council 
review at its March 2022 meeting.

--Humbug Mountain to OR/CA Border (Oregon KMZ)

    March 20-May 5, May 10-15;
    May 16-21, 26-31;
    June 1 through the earlier of June 30, or a 300 Chinook salmon 
quota;
    July 1 through the earlier of July 31, or a 200 Chinook salmon 
quota (C.9.a).
    June 1-July 31 weekly landing and possession limit of 20 Chinook 
salmon per vessel per week (Thursday-Wednesday). All salmon except coho 
salmon (C.4, C.7). Chinook salmon minimum size limit of 28 inches total 
length (B, C.1). See compliance requirements (C.1) and gear 
restrictions and definitions (C.2, C.3). Prior to June 1, all salmon 
caught in this area must be landed and delivered in the state of 
Oregon. Any remaining portion of Chinook salmon quotas may be 
transferred inseason on an impact neutral basis to the next open quota 
period (C.8.b). All vessels fishing in this area during June and July 
must land and deliver all salmon within this area or into Port Orford 
within 24 hours of any closure of this fishery and prior to fishing 
outside of this area. For all quota managed seasons (June and July), 
Oregon state regulations require fishers to notify ODFW within one hour 
of landing and prior to transport away from the port of landing by 
calling 541-857-2538 or sending notification via email to 
[email protected], with vessel name and number, number of 
salmon by species, location of delivery, and estimated time of 
delivery.
    In 2022, the season will open March 15 for all salmon except coho 
salmon. Chinook salmon minimum size limit of 28 inches total length. 
Gear restrictions same as in 2021. This opening could be modified 
following Council review at its March 2022 meeting.

--Oregon/California Border to Humboldt South Jetty (California KMZ)

    Closed in 2021 (C.9).
    In 2022, the season will open May 1 through the earlier of May 31, 
or a 3,000 Chinook salmon quota. Chinook salmon minimum size limit of 
27 inches total length (B, C.1). Landing and possession limit of 20 
Chinook salmon per vessel per day (C.8.f). Open five days per week 
(Friday-Tuesday). All salmon except coho (C.4, C.7). Any remaining 
portion of Chinook salmon quotas may be transferred inseason on an 
impact neutral basis to the next open quota period (C.8.b). All fish 
caught in this area must be landed within the area, within 24 hours of 
any closure of the fishery (C.6), 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 an additional closure adjacent to the 
Smith River. This opening could be modified following Council review at 
its March or April 2022 meetings.

--Humboldt South Jetty to Latitude 40[deg]10'0'' N

    Closed.
    For all commercial fisheries south of Cape Falcon: 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).

--Latitude 40[deg]10'0'' N to Point Arena (Fort Bragg)

    August 1-17;
    September 1-30 (C.9.b).
    All salmon except coho (C.4, C.7). Chinook salmon minimum size 
limit of 27 inches total length (B, C.1). See compliance requirements 
(C.1) and gear restrictions and definitions (C.2, C.3). All salmon must 
be landed in California and north of Point Arena (C.6, C.11).
    In 2022, the season will open April 16 for all salmon except coho 
salmon. Chinook salmon minimum size limit of 27 inches total length (B, 
C.1). Gear restrictions same as in 2021. This opening could be modified 
following Council review at its March 2022 meeting.


[[Page 26432]]


--Point Arena to Pigeon Point (San Francisco)

    June 16-30;
    July 17-22;
    August 1-17;
    September 1-30 (C.9.b).
    All salmon except coho salmon (C.4, C.7). Chinook salmon minimum 
size limit of 27 inches total length through August, then 26 inches 
thereafter (B, C.1). See compliance requirements (C.1) and gear 
restrictions and definitions (C.2, C.3). All salmon must be landed in 
California. During September, all salmon must be landed south of Point 
Arena (C.6, C.11).
    In 2022, the season will open May 1 for all salmon except coho 
(C.4, C.7). Chinook salmon minimum size limit of 27 inches total length 
(B, C.1). Gear restrictions same as in 2021 (C.2, C.3). This opening 
could be modified following Council review at its March or April 2022 
meetings.

--Point Reyes to Point San Pedro (Fall Area Target Zone)

    October 1, 4-8, 11-15.
    Open five days per week (Monday-Friday). All salmon except coho 
salmon (C.4, C.7). Chinook salmon minimum size limit of 26 inches total 
length (B, C.1). All salmon caught in this area must be landed between 
Point Arena and Pigeon Point (C.6, C.11). See compliance requirements 
(C.1) and gear restrictions and definitions (C.2, C.3).

--Pigeon Point to U.S./Mexico border (Monterey)

    May 1-12;
    May 20-27;
    June 16-30;
    July 17-22;
    August 1-17 (C.9.b).
    All salmon except coho salmon (C.4, C.7). Chinook salmon minimum 
size limit of 27 inches total length (B, C.1). See compliance 
requirements (C.1) and gear restrictions and definitions (C.2, C.3). 
All salmon must be landed in California (C.6).
    In 2022, the season will open May 1 for all salmon except coho 
(C.4, C.7). Chinook salmon minimum size limit of 27 inches total length 
(B, C.1). Gear restrictions same as in 2021 (C.2, C.3). This opening 
could be modified following Council review at its March or April 2022 
meetings.
    For all commercial troll fisheries in California: California State 
regulations require 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)

                                  Table 1--Minimum Size Limits for Salmon in the 2021 Commercial Ocean Salmon Fisheries
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chinook                                 Coho
             Area (when open)             ------------------------------------------------------------------------------               Pink
                                                   Total length             Head-off      Total length      Head-off
--------------------------------------------------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.................  27.0........................            20.5              16              12  None.
Cape Falcon to Humbug Mountain...........  28.0........................            21.5              16              12  None.
Humbug Mountain to OR/CA border..........  28.0........................            21.5  ..............  ..............  None.
OR/CA border to Humboldt South Jetty.....  Closed......................  ..............  ..............  ..............  ...............................
Latitude 40[deg]10'0'' N to Point Arena..  27.0........................            20.5  ..............  ..............  27.
Point Arena to Pigeon Point (through       27.0........................            20.5  ..............  ..............  27.
 August).
Point Arena to Pigeon Point (September-    26.0........................            19.5  ..............  ..............  26.
 October).
Pigeon Point to U.S./Mexico border.......  27.0........................            20.5  ..............  ..............  27.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.5 cm, 26 in = 66 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.

C. 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 48 hours for that species of salmon. Salmon may 
be landed in an area that has been closed for a species of salmon more 
than 48 hours only if they meet the minimum size, landing/possession 
limit, or other special requirements for the area in which they were 
caught. Salmon may not be filleted prior to landing.
    Any person who is required to report a salmon landing by applicable 
state law must include on the state landing receipt for that landing 
both the number and weight of salmon landed by species. States may 
require fish landing/receiving tickets be kept on board the vessel for 
90 days or more 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, OR, to the Oregon/California border: No more than 4 
spreads are allowed per line.
    c. Oregon/California border to U.S./Mexico border: No more than 6 
lines are allowed per vessel, and barbless circle hooks are required 
when fishing with bait by any means other than trolling.
C.3. Gear Definitions
    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 engaged in trolling. In that portion of 
the fishery management area 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. 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.

[[Page 26433]]

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. Salmon Troll YRCA (50 CFR 660.70(c))--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 6 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.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 USCG 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 number 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 USCG, 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 USCG. All salmon must be offloaded 
within 24 hours of reaching port.
C.7. Incidental Halibut Harvest
    License applications for incidental harvest for halibut during 
commercial salmon fishing must be obtained from the International 
Pacific Halibut Commission (IPHC).
    During the 2021 salmon troll season, incidental harvest is 
authorized only during April, May, and June, and after June 30 if quota 
remains and if announced on the NMFS hotline (phone: 800-662-9825 or 
206-526-6667). WDFW, Oregon Department of Fish and Wildlife (ODFW), and 
CDFW will monitor landings. If the landings are projected to exceed the 
IPHC's 45,198 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.
    Prior to May 16, 2021, consistent with the 2020 annual management 
measures (85 FR 27317, May 8, 2020), IPHC license holders may land no 
more than one Pacific halibut per each two Chinook salmon, except one 
Pacific halibut may be landed without meeting the ratio requirement, 
and no more than 35 halibut may be landed per trip. Beginning May 16, 
2021, through the end of the 2021 salmon troll fishery, and beginning 
April 1, 2021, until modified through inseason action or superseded by 
the 2022 management measures the following applies: License holders may 
land no more than one Pacific halibut per each two Chinook salmon, 
except one Pacific halibut may be landed without meeting the ratio 
requirement, and no more than 35 halibut may be landed per trip.
    Incidental Pacific halibut catch regulations in the commercial 
salmon troll fishery adopted for 2021, prior to any 2021 inseason 
action, will be in effect when incidental Pacific halibut retention 
opens on April 1, 2022, unless otherwise modified by inseason action at 
the March 2022 Council meeting.
    a. ``C-shaped'' YRCA is an area to be voluntarily avoided for 
salmon trolling. NMFS and the Council request salmon trollers 
voluntarily avoid this area in order to protect yelloweye rockfish. The 
area is defined in the Pacific Council Halibut Catch Sharing Plan in 
the North Coast subarea (Washington marine area 3), with the following 
coordinates in the order listed:

48[deg]18' N lat.; 125[deg]18' W long.;
48[deg]18' N lat.; 124[deg]59' W long.;
48[deg]11' N lat.; 124[deg]59' W long.;
48[deg]11' N lat.; 125[deg]11' W long.;
48[deg]04' N lat.; 125[deg]11' W long.;
48[deg]04' N lat.; 124[deg]59' W long.;
48[deg]00' N lat.; 124[deg]59' W long.;
48[deg]00' N lat.; 125[deg]18' W long.;
and connecting back to 48[deg]18' N lat.; 125[deg]18' W long.
C.8. Inseason Management
    In addition to standard inseason actions or modifications already 
noted under the season description, the following inseason guidance 
applies:
    a. Chinook salmon 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 salmon remaining from May, June, and/or July non-Indian 
commercial troll quotas in the Oregon or California KMZ may be 
transferred to the Chinook salmon quota for the next open period if the 
transfer would not result in exceeding preseason impact expectations on 
any stocks.
    c. NMFS may transfer salmon 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 preseason impact expectations on 
any stocks.
    d. The Council will consider insesason recommendations for special 
regulations for any experimental fisheries annually in March; proposals 
must meet Council protocol and be received in November the year prior.
    e. If retention of unmarked coho salmon (adipose fin intact) is 
permitted by inseason action, the allowable coho quota will be adjusted 
to ensure preseason projected impacts on all stocks is not exceeded.
    f. Landing limits may be modified inseason to sustain season length 
and keep harvest within overall quotas.
    g. Inseason modifications to salmon management areas (e.g., 
establishing a sub-area boundary) is allowed if the

[[Page 26434]]

boundary is described as a landmark in Section C.11 of this document, 
and if the change would not result in exceeding preseason impact 
expectations on any stocks.
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 KMZ for the Ocean Salmon Season Shall Be 
That Area From Humbug Mountain, Oregon, to Latitude 40[deg]10'0'' N
C.11. Latitudes for Geographical Reference of Major Landmarks Along the 
West Coast, Including Those Used for Inseason Modifications to Salmon 
Management Areas (C.8.g.), Are Listed in Section 5 of This Rule

Section 2. Recreational Management Measures for 2021 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 Alava (Neah Bay Subarea)

    June 19-July 3.
    Open seven days per week. All salmon except coho salmon; one salmon 
per day (C.1). Chinook salmon minimum size limit of 24 inches total 
length (B). See gear restrictions and definitions (C.2, C.3).
    July 4 through the earlier of September 15 or 5,730 marked coho 
salmon subarea quota, with a subarea guideline of 5,825 Chinook salmon 
(C.5).
    Open seven days per week. All salmon, except no chum beginning 
August 1; two salmon per day. All coho salmon must be marked with a 
healed adipose fin clip (C.1). Chinook salmon minimum size limit of 24 
inches total length; coho salmon minimum size limit 16 inches total 
length (C.4.a) during Council managed ocean fishery.

--Cape Alava to Queets River (La Push Subarea)

    June 19-July 3 (C.5).
    Open seven days per week. All salmon, except coho; two salmon per 
day (C.1). Chinook salmon minimum size limit of 24 inches total length 
(B). See gear restrictions and definitions (C.2, C.3).
    July 4 through the earlier of September 15 or 1,430 marked coho 
salmon subarea quota with a subarea guideline of 1,300 Chinook salmon 
(C.5).
    Open seven days per week. All salmon, except no chum salmon 
beginning August 1; two salmon per day. All coho salmon must be marked 
with a healed adipose fin clip (C.1). Chinook salmon minimum size limit 
of 24 inches total length, coho salmon minimum size limit of 16 inches 
total length (B). See gear restrictions and definitions (C.2, C.3).

--Queets River to Leadbetter Point (Westport Subarea)

    June 19-26 (C.5).
    Open seven days per week. All salmon, except coho salmon; one 
salmon per day (C.1). Chinook salmon minimum size limit of 22 inches 
total length (B). See gear restrictions and definitions (C.2, C.3).
    June 27 through the earlier of September 15, or 20,440 marked coho 
salmon subarea quota, with a subarea guideline of 12,925 Chinook salmon 
(C.5).
    Open five days per week (Sunday-Thursday). All salmon; two salmon 
per day, no more than one of which may be a Chinook salmon. All coho 
salmon must be marked with a healed adipose fin clip (C.1). Chinook 
salmon minimum size limit of 22 inches total length; coho salmon 
minimum size limit 16 inches total length (B). See gear restrictions 
and definitions (C.2, C.3). Grays Harbor Control Zone closed beginning 
August 9 (C.4.b).

--Leadbetter Point to Cape Falcon (Columbia River Subarea)

    June 19-26 (C.5).
    Open seven days per week. All salmon, except coho salmon; one 
salmon per day (C.1). Chinook salmon minimum size limit of 22 inches 
total length (B). See gear restrictions and definitions (C.2, C.3).
    June 27 through the earlier of September 15, or 42,400 marked coho 
salmon subarea quota, with a subarea guideline of 7.200 Chinook salmon 
(C.5).
    Open seven days per week. All salmon; two salmon per day, no more 
than one of which may be a Chinook salmon. All coho salmon must be 
marked with a healed adipose fin clip (C.1). Chinook salmon minimum 
size limit of 22 inches total length; coho salmon minimum size limit of 
16 inches total length (B). See gear restrictions and definitions (C.2, 
C.3). Columbia Control Zone closed (C.4.c).
    For all Recreational fisheries north of Cape Falcon: Inseason 
management may be used to sustain season length and keep harvest within 
the overall Chinook salmon and coho salmon recreational total allowable 
catches TACs for north of Cape Falcon (C.5).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain

    March 15-May 15. Open for all salmon exept coho salmon, except as 
listed below for mark selective and non-mark selective coho salmon 
seasons;
    May 16-October 31. Open for all salmon except coho salmon, except 
as listed below for mark selective and non-mark selective coho salmon 
seasons;
    Mark selective coho salmon season: June 12-August 28 or 120,000 
marked coho salmon quota. Open area extends to the Oregon/California 
border. Open for all salmon, all retained coho salmon must be marked 
with a healed adipose fin clip;
    Non-mark selective coho salmon season: September 10-12, and each 
Friday, Saturday, and Sunday through the earlier of September 30, or 
14,000 non-mark selective coho quota. Open for all salmon (C.5, C.6). 
Open days may be modified inseason.
    Two salmon per day (C.1). See minimum size limits (B). See gear 
restrictions and definitions (C.2, C.3). Any remainder of the mark 
selective coho salmon quota may be transferred inseason on an impact 
neutral basis to the non-mark selective coho quota (C.5).
    In 2022, the season will open March 15 for all salmon except coho 
salmon, two salmon per day (C.1). Chinook salmon minimum size limit of 
24 inches total length (B); and the same gear restrictions as in 2021 
(C.2, C.3). This opening could be modified following Council review at 
its March 2022 meeting.

--Humbug Mountain to Oregon/California border (Oregon KMZ)

    June 12-18. Open for all salmon except Chinook salmon, all coho 
salmon must be marked with a healed adipose fin clip;
    June 19-August 15. Open for all salmon, all coho salmon must be 
marked with a healed adipose fin clip.

[[Page 26435]]

Coho salmon retention closes when the Cape Falcon to Oregon/California 
border quota of 120,000 coho salmon is attained.
    August 16-28. Open for all salmon except Chinook salmon, all coho 
salmon must be marked with a healed adipose fin clip. All salmon 
fishing closes in this area the earlier of August 28 or the Cape Falcon 
to Oregon/California border quota of 120,000 coho salmon.
    Open seven days per week. Two salmon per day (C.1). See minimum 
size limits (B). See gear restrictions and definitions (C.2, C.3).
    For recreational fisheries from Cape Falcon to Humbug Mountain: 
Fishing in the Stonewall Bank YRCA 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).

--Oregon/California border to Latitude 40[deg]10'0'' N (California KMZ)

    June 29-August 1 (C.6).
    Open seven days per week. All salmon except coho salmon, two salmon 
per day (C.1). Chinook salmon 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.
    In 2022, season opens May 1 for all salmon except coho salmon, two 
salmon per day (C.1). Chinook salmon minimum size limit of 20 inches 
total length (B); and the same gear restrictions as in 2021 (C.2, C.3). 
This opening could be modified following Council review at its March or 
April 2022 meetings.

--Latitude 40[deg]10'0'' N to Point Arena (Fort Bragg)

    June 29-October 31 (C.6). Open seven days per week. All salmon 
except coho salmon, two salmon per day (C.1). Chinook salmon minimum 
size limit of 20 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    In 2022, season opens April 2 for all salmon except coho salmon, 
two salmon per day (C.1). Chinook salmon minimum size limit of 20 
inches total length (B); and the same gear restrictions as in 2021 
(C.2, C.3). This opening could be modified following Council review at 
its March 2022 meeting.

--Point Arena to Pigeon Point (San Francisco)

    June 26-October 31 (C.6). Open seven days per week. All salmon 
except coho salmon, two salmon per day (C.1). Chinook salmon minimum 
size limit of 20 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    In 2022, season opens April 2 for all salmon except coho salmon, 
two salmon per day (C.1). Chinook salmon minimum size limit of 24 
inches total length (B); and the same gear restrictions as in 2021 
(C.2, C.3). This opening could be modified following Council review at 
its March 2022 meeting.

--Pigeon Point to U.S./Mexico border (Monterey)

    April 3-May 15 (C.6). Open seven days per week. All salmon except 
coho salmon, two salmon per day (C.1). Chinook salmon minimum size 
limit of 24 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    In 2022, season opens April 2 for all salmon except coho salmon, 
two salmon per day (C.1). Chinook salmon minimum size limit of 24 
inches total length (B); and the same gear restrictions as in 2021 
(C.2, C.3). This opening could be modified following Council review at 
its March 2021 meeting.
    California State regulations require 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 
Code of Regulations Title 14 Section 1.73).

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

                Table 2--Minimum Size Limits for Salmon in the 2021 Recreational Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
               Area (when open)                    Chinook          Coho                      Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon (Westport and Columbia              22.0            16.0  None.
 River).
North of Cape Falcon (Neah Bay and La Push)..            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 Latitude 40[deg]10'0'' N.....            20.0  ..............  20.0.
Latitude 40[deg]10'0'' N to Pt. Arena........            20.0  ..............  20.0.
Pt. Arena to Pigeon Pt.......................            20.0  ..............  20.0.
Pigeon Pt. to U.S./Mexico border (before May             24.0  ..............  24.0.
 16).
Pigeon Pt. to U.S./Mexico border (beginning              20.0  ..............  20.0.
 May 16).
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 22.0 in = 55.9 cm, 20.0 in = 50.8 cm, and 16.0 in = 40.6 cm.

C. 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. Salmon may not be 
filleted prior to landing.
    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, CA: 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.

[[Page 26436]]

    b. Latitude 40[deg]10'0'' N to Point Conception, CA: 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 YRCA: 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 6 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 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 salmon 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 (adipose fin intact) coho 
salmon. To remain consistent with preseason expectations, any inseason 
action shall consider, if significant, the difference between observed 
and preseason forecasted (adipose-clipped) 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 salmon remaining from the Cape Falcon to the Oregon/
California border: Recreational mark selective coho salmon quota may be 
transferred inseason to the Cape Falcon to Humbug Mountain non-mark 
selective recreational fishery, if the transfer would not result in 
exceeding preseason impact expectations on any stocks.
    f. Inseason modifications to salmon management areas (e.g., 
establishing a sub-area boundary) is allowed if the boundary is 
described as a landmark in section C.7, and if the change 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.
C.7. Latitudes for Geographical Reference of Major Landmarks Along the 
West Coast, Including Those Used for Inseason Modifications to Salmon 
Management Areas (C.5.f.) Are Listed in Section 5 of This Rule

Section 3. Treaty Indian Management Measures for 2021 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 20,000 Chinook salmon 
quota.
    All salmon may be retained except coho. If the Chinook salmon quota 
is exceeded, the excess will be deducted

[[Page 26437]]

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 20,000 Chinook 
salmon quota, or 26,500 coho salmon quota.
    All Salmon. See size limit (B) and other restrictions (C).
    In 2022, the season will open May 1, consistent with all preseason 
regulations in place for Treaty Indian troll fisheries during May 16-
June 30, 2021. All catch in May 2022 applies against the 2022 Treaty 
Indian Troll fisheries quota. This opening could be modified following 
Council review at its March and/or April 2022 meetings.

B. Minimum Size (Inches)

            Table 3--Minimum Size Limits for Salmon in the 2021 Treaty Indian Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                                          Chinook                                    Coho
      Area (when open)       -----------------------------------------------------------------------------------
                                   Total         Head-off          Total         Head-off            Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon........            24.0            18.0            16.0            12.0  None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0in = 40.6 cm, 12.0 in = 30.5 cm.

C. 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 (defined to include 
those waters of Puget Sound easterly of a line projected from the 
Bonilla Point Light on Vancouver Island to the Tatoosh Island light, 
thence to the most westerly point on Cape Flattery, and westerly of a 
line projected true north from the fishing boundary marker at the mouth 
of the Sekiu River [WAC 220-301-030]).
    MAKAH--Washington State Statistical Area 4B and that portion of the 
fishery management area (FMA) north of 48[deg]02'15'' N lat. (Norwegian 
Memorial) and east of 125[deg]44'00'' W long.
    QUILEUTE--A polygon commencing at Cape Alava, located at latitude 
48[deg]10'00'' north, longitude 124[deg]43'56.9'' west; then proceeding 
west approximately forty nautical miles at that latitude to a 
northwestern point located at latitude 48[deg]10'00'' north, longitude 
125[deg]44'00'' west; then proceeding in a southeasterly direction 
mirroring the coastline at a distance no farther than 40 nmi from the 
mainland Pacific coast shoreline at any line of latitude, to a 
southwestern point at latitude 47[deg]31'42'' north, longitude 
125[deg]20'26'' west; then proceeding east along that line of latitude 
to the Pacific coast shoreline at latitude 47[deg]31'42'' north, 
longitude 124[deg]21'9.0'' west (per court order dated March 5, 2018, 
Federal District Court for the Western District of Washington).
    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--A polygon commencing at the Pacific coast shoreline near 
Destruction Island, located at latitude 47[deg]40'06'' north, longitude 
124[deg]23'51.362'' west; then proceeding west approximately 30 nmi at 
that latitude to a northwestern point located at latitude 
47[deg]40'06'' north, longitude 125[deg]08'30'' west; then proceeding 
in a southeasterly direction mirroring the coastline no farther than 30 
nmi from the mainland Pacific coast shoreline at any line of latitude, 
to a southwestern point at latitude 46[deg]53'18'' north, longitude 
124[deg]53'53'' west; then proceeding east along that line of latitude 
to the Pacific coast shoreline at latitude 46[deg]53'18'' north, 
longitude 124[deg]7'36.6'' west (per court order dated March 5, 2018, 
Federal District Court for the Western District of Washington).
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 October 1 through October 15 in the 
same manner as in 2004-2015. Fish taken during this fishery are to be 
counted against treaty troll quotas established for the 2021 season 
(estimated harvest during the October ceremonial and subsistence 
fishery: 20 Chinook salmon; 40 coho salmon).
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 salmon 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 9, 2021, NMFS published 
a final rule announcing the IPHC's regulations, including season dates, 
management measures, TACs for each IPHC management area including the 
U.S. West Coast (Area 2A) and Catch Sharing Plan for the U.S. waters 
off of Alaska (86 FR 13475, March 9, 2021). The Area 2A Catch Sharing 
Plan, in combination with the IPHC regulations, provides that vessels 
participating in the salmon troll fishery in Area 2A, 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.

[[Page 26438]]

    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 IPHC (phone: 206-634-1838). Applicants must apply prior to mid-
March 2022 for 2022 permits (exact date to be set by the IPHC in early 
2022). Incidental harvest is authorized only during April, May, and 
June of the 2021 troll seasons and after June 30 in 2021 if quota 
remains and if announced on the NMFS hotline (phone: 800-662-9825 or 
800-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the 
landings are projected to exceed the 44,899 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.
    From May 16, 2021, until the end of the 2021 salmon troll season, 
and beginning April 1, 2022, until modified through insesason action or 
superseded by the 2022 management measures, license holders may land or 
possess no more than one Pacific halibut per each two Chinook salmon, 
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). IPHC license holders must comply 
with all applicable IPHC regulations.
    Incidental Pacific halibut catch regulations in the commercial 
salmon troll fishery adopted for 2021, prior to any 2021 inseason 
action, will be in effect when incidental Pacific halibut retention 
opens on April 1, 2022, unless otherwise modified by inseason action at 
the March 2022 Council meeting.
    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:

U.S./Canada border 49[deg]00'00'' N lat.
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.
South end Heceta Bank Line, OR 43[deg]58'00'' 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.
40[deg]10' line (near Cape Mendicino, CA) 40[deg]10'00'' 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.
U.S./Mexico border 34[deg]27'00'' N lat.

Section 6. Inseason Notice Procedures

    Notice of inseason management actions will be provided by a 
telephone hotline administered by the West Coast Region, NMFS, 800-662-
9825 or 206-526-6667, and by USCG 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 published in 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 USCG broadcasts for current information for the 
area in which they are fishing.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the MSA. In a 
previous action taken pursuant to section 304(b), the Council designed 
the FMP to authorize NMFS to take this action pursuant to MSA section 
305(d). See 50 CFR 660.408. These regulations are being promulgated 
under the authority of 16 U.S.C. 1855(d) and 16 U.S.C. 773(c).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Assistant Administrator for Fisheries 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 would be 
impracticable and contrary to the public interest.
    The annual salmon management cycle begins May 16 and continues 
through April 30 of the following year. May 16 was chosen because it 
provides the miniminally necessary time required to complete the 
necessary environmental and economic analyses and regulatory 
documentation following the April Council meeting in time for the 
Secretary of Commerce to approve and implement the Council's annual 
recommendation. In addition, these harvests constitute a relatively 
small portion of the annual catch, allowing for the majority of the 
season to be governed by the new management measures rule. Analysis by 
the Council's Salmon Technical Team determined that the pre-May 16 
salmon harvests would 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 previous years' 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 two-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 16. Providing opportunity for prior notice and public comments 
on the Council's recommended measures through a

[[Page 26439]]

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 benefit of information 
regarding current stock abundance. For the 2021 fishing regulations, 
the current stock abundance was not available to the Council until 
February. In addition, information related to northern fisheries and 
stock status in Alaska and Canada which is important to assessing the 
amount of available salmon in southern U.S. ocean fisheries is not 
available until mid- to late-March. Because a substantial amount of 
fishing normally occurs during late-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 16 are managed 
under measures developed the previous year, as modified by the Council 
at its March and April meetings, relatively little harvest occurs 
during that period (e.g., on average, 10 percent of commercial and 
recreational harvest occurred prior to May 1 during the years 2011 
through 2018). Allowing the much more substantial harvest levels 
normally associated with the late-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 16 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 the 2021 measures are not in place on May 16, salmon fisheries 
will not open as scheduled. This would result in lost fishing 
opportunity, negative economic impacts, and confusion for the public as 
the state fisheries adopt concurrent regulations that conform to the 
Federal management measures.
    In addition, these measures were developed with significant public 
input. Public comment was received and considered by the Council and 
NMFS throughout the process of developing these management measures. As 
described above, the Council took comment at its March and April 
meetings, and heard summaries of comments received at public meetings 
held between the March and April meetings for 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.
    Based upon the above-described need to have these measures 
effective on May 16, 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 2021 ocean salmon fishing 
year on May 16, NMFS has concluded it would be 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 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 were 
not available until February and management measures were not finalized 
until mid-April. These measures are essential to conserve threatened 
and endangered ocean salmon stocks as well as potentially overfished 
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 MSA.
    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 its West Coast Region website 
(www.fisheries.noaa.gov/region/west-coast). NMFS is also advising the 
states of Washington, Oregon, and California of the new management 
measures. These states announce the seasons for applicable state and 
Federal fisheries through their own public notification systems.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by 5 U.S.C. 553, or any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory 
Flexibility Analysis is required for this rule and none has been 
prepared.
    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 current information collection approval expires on February 
29, 2024. 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.
    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.
    This final rule was developed after meaningful consultation with 
the tribal representative on the Council who has agreed with the 
provisions that apply to tribal vessels.

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

    Dated: May 7, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-10035 Filed 5-13-21; 8:45 am]
BILLING CODE 3510-22-P