[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30235-30250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230508-0124]
RIN 0648-BL66


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2023 Specifications and 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 2023 ocean salmon fisheries off Washington, Oregon, 
and California, and the 2024 salmon seasons opening earlier than May 
16, 2024, under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA). The 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 
(nm); 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, 2023, until the effective date of the 2024 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: Shannon Penna at 562-980-4239, Email: 
[email protected].

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.
    Through this rule, NMFS is implementing the management measures for 
the 2023 and early 2024 ocean salmon fisheries that were recommended by 
the Council at its April 1 to 7, 2023, meeting and transmitted to NMFS 
on April 18, 2023.

Process Used To Establish 2023 Management Measures

    The Council announced its annual preseason management process for 
the 2023 ocean salmon fisheries on the Council's website at 
www.pcouncil.org (December 9, 2022), and in the Federal Register on 
December 12, 2021 (87 FR 76027). NMFS published an additional notice of 
opportunity to submit public comments on the 2023 ocean salmon 
fisheries in the Federal Register on January 12, 2023 (88 FR 2061). 
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 
2023 ocean salmon fisheries. The agendas for the March and April 
Council meetings were published in the Federal Register (88 FR 10095, 
February 16, 2023, and 88 FR 16239, March 16, 2023), and posted on the 
Council's website prior to the 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 2022 Ocean Salmon Fisheries,'' was prepared in February 
when the first increment of scientific information necessary for 
crafting management measures for the 2023 and early 2024 ocean salmon 
fisheries became available. The first report summarizes biological and 
socio-economic data from the 2022 ocean salmon fisheries and assesses 
the performance of the fisheries with respect to the 2022 management 
objectives for salmon stocks and stock complexes as well as provides 
historical

[[Page 30236]]

information for comparison. The second report, ``Preseason Report I 
Stock Abundance Analysis and Environmental Assessment Part 1 for 2023 
Ocean Salmon Fishery Regulations'' (PRE I), provides the 2023 salmon 
stock abundance projections and analyzes how the stocks and Council 
management goals would be affected if the 2022 management measures (the 
No-Action Alternative under the National Environmental Policy Act 
(NEPA)) were continued for the 2023/2024 fishing season. 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 from 
March 4 to 10, 2023, to develop 2023 management alternatives for 
proposal to the public and consideration under NEPA. The Council 
proposed three alternatives for commercial and recreational fisheries 
management, and three 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, 
to provide for ocean harvests of more abundant stocks, to provide 
equitable sharing of harvest among ports and gear sectors, and to 
provide for the exercise of Indian tribal treaty fishing rights. 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 2023 Ocean Salmon Fishery 
Regulations'' (PRE II), which analyzes the effects of the proposed 2023 
management alternatives. As requested in public comment, the no-action 
alternative was included in a comparison of the impacts to Klamath 
River Fall Chinook salmon (KRFC) and Sacramento River Fall Chinook 
salmon (SRFC) by management area, month, and salmon gear sector across 
the alternatives in Appendix tables A-2 and A-3.
    The Council sponsored public hearings in person to receive 
testimony on the proposed alternatives on March 20, 2023, for 
Washington and Oregon, and on March 21, 2023, for California. In 
addition, the states of Washington, Oregon, and California sponsored 
meetings in various forums that also collected public testimony. 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 and via 
www.regulations.gov.
    The Council met from April 1 to 7, 2023, to adopt its final 2023 
ocean salmon management recommendations; which it did on April 6, 2023. 
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 2023 Ocean Salmon Fisheries'' (PRE 
III), which analyzes the environmental and socioeconomic effects of the 
Council's final recommendations (the Council's Proposed Action under 
NEPA). The Council transmitted the recommended management measures to 
NMFS on April 18, 2023, and published them on its website 
(www.pcouncil.org).
    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 tribal comments were 
submitted in writing. Tribes expressed concerns over the uncertainty of 
forecasts for some stocks in 2023 and urged the Council to be 
conservative in setting the salmon seasons. Some Tribes suggested 
additional measures to improve estimation of stock composition and 
impact rates in lower Columbia River fisheries. Tribes also expressed 
concerns over the underutilization of hatcheries as a salmon recovery 
tool while ensuring the operation of the hatcheries minimizing any 
potential risks to natural-origin fish.
    Under the FMP, the ocean salmon management cycle begins May 16 and 
continues through May 15 of the following year. This final rule is 
effective on May 16, 2023, consistent with the FMP. Fisheries that 
begin prior to May 16, 2023, are governed by the final rule 
implementing the salmon fishery management measures for the 2022 ocean 
salmon season (87 FR 29690, May 16, 2022). The majority of fisheries 
recommended by the Council for 2023 begin May 16, 2023, and are 
authorized under this rule. Salmon fisheries scheduled to begin before 
May 16, 2023 under the 2022 rule, are:
     Commercial ocean salmon fisheries from the U.S./Canada 
border to the U.S./Mexico border,
     Recreational ocean salmon fisheries from Cape Falcon, OR, 
to Humbug Mountain, OR,
     Recreational ocean salmon fisheries from the Oregon/
California border to the U.S./Mexico border, and
     Treaty Indian troll ocean salmon fisheries north of Cape 
Falcon.
    Several fisheries scheduled to open between March 15, 2023, and May 
15, 2023, have been modified through inseason action to close the 
fisheries in response to updated salmon stock forecast information for 
2023. For purposes of analyzing the impacts of these fisheries on 
individual stocks relative to the applicable objectives in the FMP, 
Council analysts assumed fisheries between March 15 to May 15, 2023, 
would be conducted under the 2022 management measures as modified by 
the subsequent inseason actions under 50 CFR 660.409.

National Environmental Policy Act

    The environmental assessment (EA) for this action comprises the 
Council's documents described above (PRE I, PRE II, and PRE III), 
providing an 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 managed to meet escapement-
based annual catch limits (ACLs), Endangered Species Act (ESA) 
consultation requirements, obligations of the Pacific Salmon Treaty 
(PST) between the U.S. and Canada, and other conservation objectives 
detailed in the FMP. In addition, under the MSA, all regulations must 
be consistent with other applicable laws. Because the ocean salmon 
fisheries are mixed-stock fisheries, ``weak stock'' management is 
required 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 2023, several stocks will 
constrain fisheries; these are described below.
    Fisheries south of Cape Falcon are limited in 2023 primarily by 
conservation concerns for KRFC, SRFC, and the ESA-listed Oregon Coast 
natural (OCN) coho salmon Evolutionarily Significant Unit (ESU), and 
the ESA-listed California Coastal (CC) Chinook salmon ESU. In 2018, 
NMFS determined that the KRFC stock was overfished, as defined under 
the MSA and the FMP. KRFC has not been rebuilt, thus continues to be 
managed under a rebuilding plan (85 FR 75920, November 27, 2020). In 
addition to KRFC, three coho salmon stocks (Queets River natural coho 
salmon, Strait of Juan de Fuca natural coho salmon, and Snohomish River 
natural coho salmon) were determined in 2018 to be

[[Page 30237]]

overfished and continue to be managed under rebuilding plans (86 FR 
9301, February 12, 2021). Meeting conservation objectives for these 
three coho salmon stocks will not constrain fisheries in 2023.
    Fisheries north of Cape Falcon are limited by conservation 
requirements for ESA-listed lower Columbia River (LCR) natural tule 
Chinook salmon. The limitations imposed in order to protect this stock 
are described below. The alternatives and the Council's adopted 
management measures for 2023 were designed to avoid exceeding these 
limitations.
    KRFC (non-ESA-listed): Abundance for this non-ESA-listed stock in 
the last decade has been historically low, and the stock continues to 
meet the criteria for overfished based on spawning escapement in 2019, 
2020, and 2021. The FMP defines ``overfished'' status in terms of a 3-
year geometric mean escapement level and whether it is below the 
minimum stock size threshold (MSST). The KRFC salmon stock has been 
below its conservation objective in 7 of the last 8 years, and has been 
managed under de minimus exploitation rates that apply when forecast 
escapement is below the level associated with maximum sustainable yield 
(SMSY) since 2020. Based on the current harvest control 
rule, given the 2023 abundance forecast, the lowest level of de minimis 
fishing this year applies, i.e., a total allowable exploitation rate of 
10 percent (including all ocean and river fisheries, including tribal 
fisheries). This will constrain fisheries south of Cape Falcon. The 
Council's recommended management measures are forecast to result in a 
spawning escapement of 23,615 KRFC natural spawners, which is below the 
stock's minimum stock size threshold (MSST) (30,525). A natural-area 
escapement of 23,615 adults would represent the 12th lowest value over 
the past 45 years of data. Fisheries managed under the Council's 
recommended management measures for 2023 for the ocean areas south of 
Cape Falcon are projected to impact 0 KRFC salmon.
    SRFC (non-ESA-listed): SRFC abundance in recent years has been low 
compared with its conservation objective. In 2021, NMFS declared the 
SRFC salmon stock rebuilt (87 FR 25429) due to several years of higher 
escapements. However, low flows and high temperatures in the Sacramento 
River associated with drought in recent years have adversely affected 
the stock, escapements in recent years have once again been low. 
Spawner abundance has been below the SMSY value of 122,000 
in 6 of the last 8 years. The 2022 SRFC escapement was 61,850 Chinook 
salmon, which is one-half of the SMSY of 122,000 and the 
third lowest escapement since 1970. The 3-year geometric mean of 
spawners is now 102,155 (2020, 2021, and 2022) as compared with the 
MSST of 91,500 at which the stock would meet the criteria of 
overfished. The 2023 forecast is one of the lowest on record. Of 
additional concern with respect to the forecast, forecasts have been 
higher than the post-season estimates in 6 of the last 8 years by an 
average of 41 percent. The low forecast for 2023 combined with the 
recent significant overforecasts increase the risk that SRFC could 
become overfished again. Taking these factors into consideration, the 
Council has recommended management measures that are forecast to result 
in a spawning escapement of 165,000 SRFC natural spawners (although it 
does not account for the potential forecast error), which is above the 
escapement goal floor of 122,000. Additionally, according to the STT's 
projections, only 93 SRFC salmon would be impacted by the fisheries 
conducted under the Council's recommended 2023 management measures for 
the ocean management areas south of Cape Falcon.
    CC Chinook salmon--ESA-listed Threatened: The CC Chinook salmon ESU 
has been listed as threatened under the ESA since 1999. As considered 
in the most recent biological opinion addressing the effects of the 
fishery on CC Chinook salmon, fisheries are managed to avoid exceeding 
a 16 percent age-4 ocean harvest rate on KRFC salmon. This measure is 
used as a surrogate for impacts to CC Chinook salmon, for which 
information on fishery impacts is extremely limited. The post-season 
assessment of the 2022 ocean fisheries indicated that the take limit 
for CC Chinook salmon described in the current biological opinion and 
Incidental Take Statement had been exceeded. Therefore, in the guidance 
letter it provided to the Council at its March meeting, NMFS stated 
that the Council should implement additional measures to avoid 
exceedance in 2023. Specifically, the guidance letter stated that the 
Council should (1) manage the 2023 ocean salmon fisheries for a 
buffered preseason age-4 KRFC rate of 10 percent, and (2) provide for 
inseason management measures to ensure impacts remain within preseason 
projections.
    The recommended 2023 management measures close Chinook salmon 
directed commercial and recreational fisheries off the California 
coast, close commercial salmon fishing in coastal waters south of mid-
Oregon, and allow only for recreational fisheries targeting coho salmon 
off the coast of Oregon. The resulting projected KRFC age-4 ocean 
harvest rate from these fisheries is 0.3 percent, well below a KRFC 
age-4 ocean harvest rate of 10 percent. Fisheries south of Cape Falcon 
scheduled to open prior to May 16, 2024, could be modified through 
inseason action following Council consideration of these early season 
fisheries in the context of the 2024 preliminary management measures 
and stock abundance forecasts for 2024.
    NMFS has reinitiated consultation on the effects of the fisheries 
on CC Chinook salmon, and anticipates completing this consultation 
before commencement of 2024 fisheries. NMFS has determined that, 
consistent with sections 7(a)(2) and 7(d) of the ESA, the fisheries 
conducted under the 2023 management measures will not jeopardize the CC 
Chinook salmon ESU, would not adversely modify designated critical 
habitat, and will not result in any irreversible or irretrievable 
commitment of resources that would have the effect of foreclosing the 
formulation or implementation of any reasonable and prudent alternative 
measures.
    OCN coho salmon (ESA-listed threatened): OCN coho salmon is an 
aggregate coho salmon stock that largely corresponds to the Oregon 
coast coho salmon ESU and is a component of the Oregon Production Index 
(OPI) area coho salmon. Allowable fishery impacts on OCN coho salmon 
are determined annually using a matrix that considers parental 
escapement and OPI smolt-to-jack survival. The maximum allowable 
exploitation rate for 2023 salmon fisheries is a combined marine/
freshwater exploitation rate not to exceed 20 percent. In 2023, OCN 
coho salmon is the limiting coho salmon stock for south of Cape Falcon. 
The adopted management measures result in a projected exploitation rate 
of 19.8 percent compared with the maximum allowed 20 percent total 
exploitation rate (i.e., marine exploitation rate of 14.1 percent and a 
freshwater exploitation rate of 5.8 percent as rounded to the nearest 
tenth of a percent).
    LCR Chinook salmon (ESA-listed threatened): The LCR Chinook salmon 
ESU comprises a spring component, a ``far-north'' migrating bright 
component, and a tule component. 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

[[Page 30238]]

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. Council fisheries are managed subject to an 
abundance-based management (ABM) framework that NMFS analyzed in a 2012 
biological opinion, after accounting for anticipated impacts in 
northern fisheries and freshwater fisheries that are outside the action 
area. Applying the ABM framework to the 2023 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 2023 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). After convening 
and receiving recommendations from a SRKW ad-hoc workgroup, the Council 
adopted and transmitted to NMFS Amendment 21 to the FMP that includes 
management measures to address the effects of the fisheries on SRKW. In 
April 2021, after concluding in a biological opinion that fisheries 
managed under the FMP including Amendment 21 was not likely to 
jeopardize SRKW or adversely affect SRKW critical habitat, NMFS 
approved the Amendment (86 FR 51017, September 14, 2021). The FMP as 
amended establishes a Chinook salmon annual abundance management 
threshold below which the Council and NMFS would implement specific 
measures to limit the effects of the ocean salmon fishery on Chinook 
salmon prey availability for SRKWs. These measures include time and 
area closures, a quota limitation for the north of Cape Falcon 
management area, and temporal shifts in fishing. Amendment 21 provides 
that the Chinook salmon abundance threshold may need to be updated from 
the value calculated at the time of the amendment to reflect new 
scientific information as it becomes available. At its November 2022 
meeting, the Council adopted a change to the Chinook salmon abundance 
threshold for north of Cape Falcon management area that is used as a 
management measure to address the effect of Council-area ocean salmon 
fisheries on the Chinook salmon prey base of SRKW that was implemented 
under Amendment 21 (Decision Summary Document, November 15, 2023 PFMC). 
The change incorporated recent updates to two models used to calculate 
the threshold (FRAM 2022,\1\ Shelton et al. 2021). The STT provided a 
report reviewing the updates to the models to aid the Council in 
determining the appropriate numerical value of the threshold (November 
2022, Agenda Item D.2.a, Supplemental STT Report 2). The updated 
Chinook salmon abundance threshold is 623,000 Chinook salmon. This new 
value was reported to the Council in the above-reference preseason 
reports as required by the FMP.
---------------------------------------------------------------------------

    \1\ Salmon modeling and analysis workgroup. 2022. FRAM 
Documentation. https://framverse.github.io/fram_doc/ built October 
14, 2022.
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    The Council considered the Chinook salmon abundance relative to the 
provisions of Amendment 21 when developing the recommended 2023 annual 
management measures. Because the pre-season estimate of the abundance 
of Chinook salmon in 2023 (889,900) exceeds the threshold in the FMP 
(623,000), the Council did not recommend implementation of the 
additional management measures included in the FMP under Amendment 21 
(Preseason Report III; PFMC 2023). The 2023 management measures are 
consistent with the FMP including Amendment 21.

ACLs and Status Determination Criteria

    ACLs are required for all stocks or stock complexes in the fishery 
that are not managed under an international agreement, listed under the 
ESA, or designated as hatchery stocks. For salmon, these reference 
points are defined in terms of spawner escapement. 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 U.S. is a party'' (50 CFR 
600.310(h)(1)(ii)). The Columbia Upper River Bright Fall and Summer 
Chinook salmon stocks are also managed under the provisions of the PST. 
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. In addition to ACLs, SRFC and KRFC have 
conservation objectives expressed in terms of escapement goals that 
were developed prior to the requirement for ACLs. Where the 
conservation objectives exceed the ACLs, the Council designs fisheries 
to achieve the conservation objectives. In developing the 2023 
management measures, the Council considered the factors for SRFC and 
KRFC discussed in sections above.
    For SRFC in 2023, the overfishing limit (OFL) is SOFL = 
169,767 (potential spawner abundance forecast) multiplied by 1-
FMSY (1-0.78) or 37,349 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 169,767 multiplied by 1-
FABC (1-0.70) (FMSY reduced for scientific 
uncertainty = 0.70) or 50,930. The SACL is set equal to 
SABC, i.e., 50,930 spawners. The adopted management measures 
provide for a projected SRFC spawning escapement of 164,964.
    For KRFC in 2023, SOFL is 26,238 (potential spawner 
abundance forecast) multiplied by 1-FMSY (1-0.71), or 7,609 
returning spawners. SABC is 26,238 multiplied by 1-
FABC (1-0.68) (FMSY reduced for scientific 
uncertainty = 0.68) or 8,396 returning spawners. SACL is set 
equal to SABC, i.e., 8,396 spawners. The adopted management 
measures provide for a projected KRFC spawning escapement of 23,615.
    For Willapa Bay natural coho salmon in 2023, SOFL = 
59,417 (potential

[[Page 30239]]

spawner abundance forecast) multiplied by 1-FMSY (1-0.74) or 
15,448 returning spawners. SABC is 59,417 multiplied by 1-
FABC (1-0.70) (FMSY reduced for scientific 
uncertainty = 0.70) or 17,825. SACL is set equal to 
SABC, i.e., 17,825 spawners. The adopted management measures 
provide for a projected Willapa Bay natural coho salmon spawning 
escapement of 22,066.
    In summary, fisheries managed under the Council's recommended 2023 
management measures are expected to result in escapements greater than 
required to meet the ACLs for all three stocks with defined ACLs.

Public Comments

    The Council invited written comments on developing 2023 salmon 
management measures in their notice announcing public meetings and 
hearings (87 FR 76027, December 12, 2022). At its March meeting, the 
Council developed three alternatives for 2023 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 III, as well as 
three alternatives for 2023 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 59 written comments via their electronic portal and 19 
oral comments on 2023 ocean salmon fisheries including members of the 
public that commented several times. The three public hearings were 
attended by a total of 93 people; 28 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 2023 management alternatives 
described in PRE II and generally expressed preferences for a specific 
alternative or for particular season structures. All written comments 
were made available via the Council's online briefing books for the 
March and April 2023 Council meetings. In addition to comments 
collected at the public hearings and those submitted directly to the 
Council, several people provided oral comments at the March and April 
2023 Council meetings. Written and oral comments received were 
considered by the Council, which includes a representative from NMFS, 
in developing the recommended management measures transmitted to NMFS 
on April 18, 2022. 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 (88 FR 2061, January 12, 2023); NMFS 
received no comments via the Federal Rulemaking Portal.
    Comments on alternatives for commercial salmon fisheries. Many 
written comments were from commercial salmon fishermen located on the 
coast of California. Of those written comments, the majority supported 
Alternative I. Those testifying on north of Cape Falcon commercial 
salmon fisheries at the Washington hearing supported the 85,000 total 
allowable catch for Chinook salmon in Alternative I and an allocation 
schedule more consistent with long term catch percentage averages for 
tule Chinook salmon. They expressed concern about the negative economic 
impact of recent decreases in quota but were encouraged by this year's 
forecasts and the potential boost to ocean fisheries. Those testifying 
on south of Cape Falcon commercial salmon fisheries at the Oregon 
hearing supported Alternative I. Those testifying on south of Cape 
Falcon commercial salmon fisheries at the California hearing largely 
supported a full closure given the low forecasts for California salmon 
stocks. The Council adopted commercial fishing measures north and south 
of Cape Falcon that are within the range of the alternatives 
considered.
    Comments on alternatives for recreational fisheries. 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. Those testifying on north of Cape Falcon favored 
Alternative I and opening the ocean recreational fishing as early as 
possible with a season structure that will allow for a stable season 
lasting into September. In addition, several written and oral comments 
supported the opportunity for a ``bubble'' fishery for Tillamook Bay, 
OR. Those commenting on fisheries south of Cape Falcon were in favor of 
both Alternative I and II, with those in California supporting a 
closure of all areas. Several comments addressed the structure of the 
rollover of any surplus mark-selective coho salmon quota in the Cape 
Falcon to the Oregon/California border area. Commenters felt that it 
would be a better option to allow the transfer of quota between 
recreational and commercial fisheries on an impact neutral basis, 
prioritizing the needs of the recreational fishery. The Council adopted 
recreational fishing measures north and south of Cape Falcon that are 
within the range of alternatives considered.
    Additional comments were made regarding the closure of fisheries in 
southern Oregon from Cape Falcon to Humbug Mountain. Key comments were 
summarized for response.
    Comment 1: The three alternatives did not allow the EA to evaluate, 
nor provide public review, of anything other than a complete closure. 
The Council should have considered at least one alternative with an 
open season.
    Response: NMFS reviewed the alternatives proposed in public 
comments for the 2023 season and concluded that the proposals are very 
similar to the fisheries that were in place for the south of Cape 
Falcon area in 2022, and are thus part of the No-Action Alternative. 
Therefore, the suggested alternative was effectively evaluated as the 
No-Action Alternative, which is comprised of the prior year's 
management measures, in this case the 2022 measures. In PRE I, the 
effects of the No-Action Alternative with the current year's (2023) 
salmon forecasts are evaluated so that the Council can consider the 
effects of those fishing regimes on the achievement of conservation 
objectives and other FMP provisions under 2023 forecasts. Those 
forecasts reflect the effect of environmental conditions and other 
factors influencing the survival of salmon stocks returning in 2023 
that may have been different than those affecting salmon stocks 
returning in 2022. As requested by one commenter, impacts of the No-
Action Alternative, inclusive of the fishery suggested by the 
commenter, was included in a comparison of the impacts to KRFC and SRFC 
by management area, month, and salmon gear sector across the 
alternatives in Appendix tables A-2 and A-3 of PRE-II.
    Comment 2: Open a bubble fishery for Tillamook Bay.
    Response: The commenter proposed a bubble fishery that would extend 
the area around Tillamook Bay in particular to provide opportunity to 
catch hatchery spring Chinook salmon. In the past, bubble fisheries 
have been used to allow limited fishing with very low impacts on 
constraining stocks where Chinook salmon retention inside the bubble 
was limited to marked fish. Although a bubble fishery would provide 
opportunities to access hatchery spring-run Chinook salmon destined for 
Tillamook Bay, there is no way to model the impacts solely within the 
bubble. It is only possible to model the impacts as if the entire south 
of Cape Falcon area to the southern end of the Heceta Bank

[[Page 30240]]

area was open. When the requested bubble area was open in the past, all 
of the data for catch in that area was mixed with ocean fisheries data. 
As a result, it is impossible to model and evaluate potential impacts 
of the bubble fishery alone. Fishing opportunities are available inside 
Tillamook Bay and the river to harvest fish returning to that area 
including Tillamook River spring Chinook salmon without accruing 
impacts to SRFC and KRFC stocks. Additionally, the proposed bubble 
fishery is entirely in Oregon state waters. The Council weighed the 
proposal together with the collective public comments and advice from 
the Council advisory bodies, and concluded that the expected harvest 
and opportunity from the proposed bubble fishery did not provide the 
level of benefit that the alternatives with greater spatial and 
temporal access to coho salmon did for the limited level of KRFC and 
SRFC impacts accrued.
    The control rules for KRFC and SRFC describe maximum allowable 
exploitation rates at any given level of abundance. The FMP provides 
that the Council may recommend lower exploitation rates as needed to 
address uncertainties or other year specific circumstances (PFMC 2022). 
The Council recommended more conservative management measures that 
result in lower exploitation rates after considering the uncertainties, 
low 2023 abundance forecasts and other information described previously 
in this Rule.
    Comments on SRKW. NMFS and the Council received comments from 
several non-governmental organizations (NGOs) regarding SRKW, with one 
NGO providing 43,745 supporting signatures. Some comments directed at 
the 2023 annual management measures requested restrictions beyond those 
included in the Council's alternatives for 2023 ocean salmon management 
measures, requesting further restriction of catch limits, limiting size 
of quotas, limiting season lengths, reducing salmon bycatch, and 
closing additional areas to fishing. The majority of these comments 
reiterated comments NMFS previously addressed in the final EA for FMP 
Amendment 21 (https://www.fisheries.noaa.gov//action/amendment-21-pacific-coast-salmon-fishery-management-plan) and in the notice of 
agency decision (86 FR 51017, September 14, 2021); these comments are 
critical of Amendment 21 rather than the specifics of the 2023 
management measures. In other comments, the NGOs expressed concern that 
the preseason forecast is biased high and would prefer management 
measures that would make more Chinook salmon available as prey for 
SRKW. The Council developed the management measures consistent with the 
FMP including Amendment 21, which NMFS evaluated consistent with NEPA, 
and in an ESA biological opinion concluding fisheries managed according 
to the provisions are not likely to jeopardize SRKW.
    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, best use of limited 
opportunity given impacts to stocks of concern, and ensuring that 
fisheries are consistent with impact limits and accountability measures 
for ESA-listed species, ACLs, PST obligations, MSA requirements, and 
tribal fishing rights. The Council and NMFS also considered comments on 
the NEPA analysis in preparing the final EA.

2023 Specifications and Management Measures

    The Council's recommended ocean harvest levels and management 
measures for the 2023 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, 2023 management measures for non-Indian 
commercial troll and recreational fisheries have slightly increased 
quotas for Chinook salmon compared to 2022 due to the increased 
forecasts of Columbia River hatchery tule Chinook salmon. This includes 
a combined production of returning lower Columbia River hatchery 
Chinook salmon and Spring Creek Hatchery Chinook salmon. The 2023 coho 
salmon quotas are slightly decreased but similar to the 2022 quota due 
to similar abundance forecasts for Columbia River and coastal 
Washington coho salmon stocks and constrained by low forecasts for 
Thompson River natural coho salmon. Overall, north of Cape Falcon non-
Indian commercial and recreational total allowable catch (TAC) in 2023 
is 78,000 Chinook salmon and 190,000 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 26,000 
Chinook salmon, and a July-September fishery with a quota of 13,000 
Chinook salmon or 30,400 marked coho salmon. The recreational fishery, 
north of Cape Falcon, will have a June-September fishery with a TAC of 
39,000 Chinook salmon and 159,600 marked coho salmon, with subarea 
quotas.
    Quotas for the 2023 treaty-Indian commercial troll fishery north of 
Cape Falcon are 45,000 Chinook salmon and 57,000 coho salmon in ocean 
management areas and Washington State Statistical Area 4B combined. 
These quotas provide a slightly higher amount of Chinook salmon and 
substantially more coho salmon than in 2022. The treaty-Indian 
commercial fisheries include a May-June fishery with a quota of 22,500 
Chinook salmon, and a July-September fishery, with quotas of 22,500 
Chinook salmon and 57,000 coho salmon.
    South of Cape Falcon, 2023 commercial troll and recreational 
fishery management measures are designed to meet conservation and 
management goals for KRFC and SRFC spawning escapement and to not 
exceed the ESA-take limits for CC Chinook salmon and OCN Chinook 
salmon. Overall, south of Cape Falcon non-Indian commercial TAC for 
coho salmon is 10,000. For the recreational fishery, overall coho 
salmon TAC is 110,000 coho salmon marked with a healed adipose fin clip 
(marked), and 25,000 coho salmon in the non-mark-selective coho salmon 
fishery.
    The timing of the March and April Council meetings makes it 
impracticable for the Council to recommend fishing seasons that begin 
before mid-May of the same year. Therefore, this action also 
establishes the 2024 fishing season that opens earlier than May 16. The 
Council recommended, and NMFS concurs, that the commercial and 
recreational seasons will open in 2024 as indicated under the ``Season 
Description'' headings (in ``Section 1.

[[Page 30241]]

Commercial Management Measures for 2023 Ocean Salmon Fisheries'' and 
``Section 2. Recreational Management Measures for 2023 Ocean Salmon 
Fisheries'') of this final rule. At the March and/or April 2024 
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 2024 management measures, which are expected to 
be effective in mid-May 2024. The Council recommended, and NMFS 
concurs, that the Treaty Indian ocean troll seasons will open in 2024 
as indicated under the ``Season Description'' headings (in ``Section 3. 
Treaty Indian Management Measures for 2023 Ocean Salmon Fisheries''). 
In 2024, the Treaty Indian ocean troll season will open May 1, 
consistent with all preseason regulations in place for Treaty Indian 
Troll fisheries during May 16-June 30, 2023. This opening could be 
modified following Council review at its March and/or April 2024 
meetings.
    Sections 1, 2, and 3 below set out the final specifications and 
management measures for the ocean salmon fishery for 2023 and, as 
specified, for 2024. Section 1 governs commercial fisheries; Section 2 
governs recreational fisheries; and Section 3 governs Treaty Indian 
Fisheries. Also, Section 4 below provides requirements for halibut 
retention; Section 5 provides geographical landmarks; and Section 6 
specifies notice procedures for inseason modifications. These measures 
were recommended by the Council and approved by NMFS. Those elements of 
the measures set forth below that refer to fisheries implemented prior 
to May 16, 2023, were promulgated in our 2022 rule (87 FR 29690, May 
16, 2022) and modified by inseason action at the March and April 2022 
Council meetings (88 FR 21112, April 10, 2023), and 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 2023 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 
requirements, definitions, restrictions, and exceptions.
    Fisheries may need to be adjusted through inseason action to meet 
NMFS ESA consultation standards, FMP requirements, other management 
objectives, or upon receipt of new allocation recommendations from the 
California Fish and Game Commission.

A. Season Description

North of Cape Falcon, OR
--U.S./Canada border to Cape Falcon

    May 1-15, 2023.
    May 16 through the earlier of June 29, or 26,000 Chinook salmon. No 
more than 6,890 of which may be caught in the area between the U.S./
Canada border and the Queets River, and no more than 6,040 of which may 
be caught in the area between Leadbetter Point and Cape Falcon (see 
C.8).
    May 16-June 21; open 7 days per week (see C.1); then
    June 22-June 29.
    In the area between the U.S./Canada border and the Queets River the 
landing and possession limit is 70 Chinook salmon per vessel per 
landing week (Thursday-Wednesday) and June 22-29. Landing limits will 
be evaluated weekly inseason (see C.1, C.6).
    In the area between the Queets River and Leadbetter Point the 
landing and possession limit is 150 Chinook salmon per vessel per 
landing week (Thursday-Wednesday) and June 22-29. Landing limits will 
be evaluated weekly inseason (see C.1, C.6).
    In the area between Leadbetter Point and Cape Falcon the landing 
and possession limit is 60 Chinook salmon per vessel per landing week 
(Thursday-Wednesday) and June 22-29. Landing limits will be evaluated 
weekly inseason (see C.1, C.6).
    All salmon, except coho salmon (see C.4, C.7). Chinook salmon 
minimum size limit of 27 inches (68.5 cm) total length (see B). See 
compliance requirements (see C.1) and gear restrictions and definitions 
(see C.2, C.3).
    When it is estimated that approximately 50 percent of the overall 
Chinook salmon quota or any Chinook salmon subarea guideline has been 
landed, inseason action may be considered to ensure the quota and 
subarea guidelines are not exceeded. If the Chinook salmon quota is 
exceeded, the excess will be deducted from the all-salmon season (see 
C.5).
    In 2024, the season will open May 1 consistent with all preseason 
regulations in place in this area and subareas during May 16-June 30, 
2023, 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 2024 meetings.
    July 1 through the earlier of September 30, or 13,000 Chinook 
salmon or 30,400 marked coho salmon (see C.8).
    Open 7 days per week. All salmon. Chinook salmon minimum size limit 
of 27 inches (68.5 cm) total length. Coho salmon minimum size limit of 
16 inches (40.6 cm) total length (see B, C.1). All coho salmon must be 
marked with a healed adipose fin clip (see C.8.d). No chum salmon 
retention north of Cape Alava, WA, in August and September (see C.4, 
C.7). See compliance requirements (see C.1) and gear restrictions and 
definitions (see C.2, C.3).
    Landing and possession limit of 150 marked coho salmon per vessel 
per landing week (Thursday-Wednesday). Landing limits will be evaluated 
weekly inseason (C.1).
    When it is estimated that approximately 50 percent of the overall 
Chinook salmon quota has been landed, inseason action may be considered 
to ensure the quota is not exceeded.
    A non-selective coho salmon fishery that is impact neutral relative 
to the preseason assessment may be considered through inseason 
management action later in the season.
    For all commercial troll fisheries north of Cape Falcon: Mandatory 
closed areas include Salmon Troll Yelloweye Rockfish Conservation Area 
(YRCA), Cape Flattery, and Columbia Control Zones. Vessels must land 
and deliver their salmon within 24 hours of any closure of this 
fishery. Vessels may not land fish east of the Sekiu River or east of 
Tongue Point, OR. 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 Washington Department of Fish and Wildlife 
(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 
(see C.11).
    Vessels fishing or in possession 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

[[Page 30242]]

Oregon permitted vessels may also land all species of fish in 
Garibaldi, OR. All Chinook salmon caught north of Cape Falcon and being 
delivered by boat to Garibaldi, OR must meet the minimum legal total 
length of 28 inches (71.1 cm) for Chinook salmon for south of Cape 
Falcon seasons unless the season in waters off Garibaldi, OR have been 
closed for Chinook salmon retention for more than 48 hours (see C.1).
    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 and Cape 
Falcon to notify the Oregon Department of Fish and Wildlife (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 (see C.8).
    Vessels in possession of salmon north 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 abroad, 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 (see C.11). 
Inseason actions may modify harvest guidelines in later fisheries to 
achieve or prevent exceeding the overall allowable troll harvest 
impacts (see C.8).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain

    September 1-October 31 (see C.9.a).
    Open 7 days per week. All salmon, through the earlier of September 
30 or reaching the 10,000 non mark-selective coho salmon quota; all 
salmon except coho salmon thereafter (see C.4, C.7). Coho salmon 
minimum size limit of 16 inches (40.6 cm) total length, and Chinook 
salmon minimum size limit of 28 inches (71.1 cm) total length (see B, 
C.1). All vessels fishing in the area must land their salmon in the 
State of Oregon. See gear restrictions and definitions (see C.2, C.3). 
Beginning October 1, open shoreward of the 40-fathom (73-meter) 
regulatory line (see C.5.f).
    No more than 75 Chinook salmon allowed per vessel per landing week 
(Thursday-Wednesday), (see C.8.f).
    Coho salmon quota of 10,000 non-mark selective. No more than 75 
coho salmon allowed per vessel per landing week (Thursday-Wednesday). 
Vessel limits may be modified inseason (see C.8.f).
    Any remainder of the mark-selective coho salmon quota from Cape 
Falcon to Humbug Mountain recreational fishery may be transferred 
inseason to the Cape Falcon to Humbug Mountain troll fishery on an 
impact neutral basis. Recreational fishery needs will be prioritized 
for this transfer (see C.8.h).
    In 2024, the season will be open March 15 for all salmon except 
coho salmon. Chinook salmon minimum size limit of 28 inches (71.1 cm) 
total length. Gear restrictions are the same as in 2023. This opening 
could be modified following Council review at its March 2024 meeting.

--Humbug Mountain to Oregon/California border (Oregon Klamath 
Management Zone (KMZ))

    Closed in 2023.
    In 2024, the season will open March 15 for all salmon except coho 
salmon. Chinook salmon minimum size limit of 28 inches (71.1 cm) total 
length. Gear restrictions are the same as in 2023. This opening could 
be modified following Council review at its March 2024 meeting.

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

    Closed in 2023.
    In 2024, 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 (68.5 cm) total length. Landing and possession limit of 20 
Chinook salmon per vessel per day (see C.8.f). Open 5 days per week 
(Friday-Tuesday). All salmon except coho salmon (see 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 (see C.8.b). 
All fish caught in this area must be landed within the area, within 24 
hours of any closure of the fishery (see C.6), and prior to fishing 
outside the area (see C.10). See compliance requirements (see C.1) and 
gear restrictions and definitions (see C.2, C.3). Klamath Control Zone 
closed (see 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 2024 meetings.

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

    Closed in 2023.
    When the fishery is closed between the Oregon/California border and 
Humbug Mountain, vessels with fish on board caught in the areas open to 
salmon fishing off California may seek temporary mooring in Brookings, 
OR 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 with vessel name, number of fish on board, 
and estimated time of arrival (see C.6).

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

    Closed in 2023.
    In 2024, the season will open April 16 for all salmon except coho 
salmon (see C.4, C.7). Chinook salmon minimum size limit of 27 inches 
(68.5 cm) total length (see B). See compliance requirements (see C.1) 
and gear restrictions and definitions (see C.2, C.3). All salmon must 
be landed in California and north of Point Arena (see C.6, C.11). 
Landing and possession limits may be considered inseason (see C.8.g). 
This opening could be modified following Council review at its March 
2024 meeting.

--Point Arena to Pigeon Point (San Francisco)

    Closed in 2023.
    In 2024, the season will open on May 1 for all salmon except coho 
salmon (see C.4, C.7). Chinook salmon minimum size limit of 27 inches 
(68.5 cm) total length (see B, C.1). See compliance requirements (see 
C.1) and gear restrictions and definitions (see C.2, C.3). Landing and 
possession limits may be considered inseason (see C.8.g). This opening 
could be modified following Council review at its March or April 2024 
meeting.

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

    Closed in 2023.

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

    Closed in 2023.

    In 2024, the season will open on May 1 for all salmon except coho 
salmon (see C.4, C.7). Chinook salmon minimum size limit of 27 inches 
(68.5 cm) total length (see B). See compliance requirements (see C.1) 
and gear restrictions and definitions (see C.2, C.3). Landing and 
possession limits may be considered inseason (see C.8.g). This opening 
could be modified following Council review at its March or April 2024 
meeting.
    California State regulations require all salmon be made available 
to a California Department of Fish and Wildlife

[[Page 30243]]

(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 2023 Commercial Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                                            Chinook                        Coho
                                -----------------------------------------------------------
        Area (when open)          Total length     Head-off     Total length     Head-off           Pink
                                      (in)           (in)           (in)           (in)
----------------------------------------------------------------------------------------------------------------
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.
Lat. 40[deg]10'0'' N to Point    ..............  ............  ..............  ...........  ....................
 Arena.
Point Arena to Pigeon Point....  ..............  ............  ..............  ...........  ....................
Pigeon Point to U.S./Mexico      ..............  ............  ..............  ...........  ....................
 border.
----------------------------------------------------------------------------------------------------------------
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 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: 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: 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: A single leader connected to an individual lure and/or 
bait.
    Circle hook: A hook with a generally circular shape and a point 
which turns inward, pointing directly to the shank at a 90[deg] angle.
C.4. Vessel Operation in Closed Areas With Salmon on Board
    a. Except as provided under C.4.b below, it is unlawful for a 
vessel to have troll or recreational gear in the water while in any 
area closed to fishing for a certain species of salmon while possessing 
that species of salmon; however, fishing for species other than salmon 
is not prohibited if the area is open for such species, and no salmon 
are in possession.
    b. When Genetic Stock Identification (GSI) samples will be 
collected in an area closed to commercial salmon fishing, the 
scientific research permit holder shall notify NOAA Office of Law 
Enforcement, U.S. Coast Guard (USCG), CDFW, WDFW, ODFW, and Oregon 
State Police at least 24 hours prior to sampling and provide the 
following information: the vessel name, date, location and time 
collection activities will be done. Any vessel collecting GSI samples 
in a closed area shall not possess any salmon other than those from 
which GSI samples are being collected. Salmon caught for collection of 
GSI samples must be immediately released in good condition after 
collection of samples.
C.5. Control Zone Definitions
    a. Cape Flattery Control Zone--The area from Cape Flattery 
(48[deg]23'00'' N lat.) to the northern boundary of the U.S. EEZ; and 
the area from Cape Flattery south to Cape Alava (48[deg]10'00'' N lat.) 
and east of 125[deg]05'00'' W long.
    b. Salmon Troll YRCA--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 that 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

[[Page 30244]]

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 nm (11 
km) north of the Klamath River mouth); on the west by 124[deg]23'00'' W 
long. (approximately 12 nm (22 km) off shore); and on the south by 
41[deg]26'48'' N lat. (approximately 6 nm (11 km) south of the Klamath 
River mouth).
    f. Waypoints for the 40-fathom (73-meter) regulatory line from Cape 
Falcon to Humbug Mountain (50 CFR 660.71 (o) (12)-(62)), when in place.
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 1 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
    Permit applications for incidental harvest for halibut during 
commercial salmon fishing must be obtained from the NMFS West Coast 
Region (WCR) Permits Office.
    a. Pacific halibut retained must be no less than 32 inches (81.3 
cm) in total length (with head on).
    b. During the 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, ODFW, and CDFW will monitor landings. If the landings are 
projected to exceed the preseason allocation for this fishery 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. See the most current Pacific Halibut Catch 
Sharing Plan (88 FR 14066, March 7, 2023) for more details.
    c. Incidental Pacific halibut catch regulations in the commercial 
salmon troll fishery adopted for 2023, prior to any 2023 inseason 
action, will be in effect when incidental Pacific halibut retention 
opens on April 1, 2023, unless otherwise modified by inseason action at 
the March 2023 Council meeting.
    Beginning May 16, 2023, through the end of the 2023 salmon troll 
fishery, and beginning April 1, 2024, until modified through inseason 
action or superseded by the 2024 management measures, permit holders 
may land or possess no more than one Pacific halibut per 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.
    d. ``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 heading above, 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 inseason 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 salmon 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. Landing limits in California may be implemented and/or modified 
inseason to sustain season length and keep harvest within preseason 
expectations.
    h. Deviations from the allocation of allowable ocean harvest of 
coho salmon in the area south of Cape Falcon may be allowed to meet 
consultation standards for ESA-listed stocks (FMP 5.3.2). Therefore, 
any rollovers that result in a deviation from the south of Cape Falcon 
coho salmon allocation schedule between sectors would still fall 
underneath this exemption.
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.
    c. Check state regulations for details.
C.10. For the purpose 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 the Southern KMZ Boundary.
C.11. Latitudes for geographical reference of major landmarks along the 
West Coast are listed in Section 5 of this final rule.

Section 2. Recreational Management Measures for 2023 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

[[Page 30245]]

restrictions effective in the area. Part B specifies minimum size 
limits. Part C specifies special requirements, definitions, 
restrictions, and exceptions.
    Fisheries may need to be adjusted through inseason action to meet 
NMFS ESA consultation standards, FMP requirements, other management 
objectives, or upon receipt of new allocation recommendations from the 
California Fish and Game Commission.

A. Season Description

North of Cape Falcon, OR
--U.S./Canada border to Cape Alava (Neah Bay Subarea)

    June 17 through earlier of September 30, or 16,600 marked coho 
salmon subarea quota, with a subarea guideline of 8,710 Chinook salmon 
(see C.5).
    Open 7 days per week. All salmon except no chum salmon beginning 
August 1; two salmon per day, of which only one may be a Chinook 
salmon. All coho salmon must be marked with a healed adipose fin clip. 
See minimum size limits (see B). See gear restrictions and definitions 
(see C.1, C.2, C.3).
    An impact neutral non-selective coho salmon fishery may be 
considered through inseason management action later in the season.
    Beginning August 1, no Chinook salmon retention east of the 
Bonilla-Tatoosh line (see C.4.a) during Council managed ocean fishery. 
Inseason management may be used to sustain season length and keep 
harvest within the overall Chinook salmon and coho salmon recreational 
TACs for north of Cape Falcon (see C.5).

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

    June 17 through earlier of September 30, or 4,150 marked coho 
salmon subarea quota, with a subarea guideline of 1,440 Chinook salmon 
(see C.5).
    Open 7 days per week. All salmon, except no chum salmon beginning 
August 1; two salmon per day, of which only one may be a Chinook 
salmon. All coho salmon must be marked with a healed adipose fin clip. 
See minimum size limits (see B). See gear restrictions and definitions 
(see C.1, C.2, C.3).
    Inseason management may be used to sustain season length and keep 
harvest within the overall Chinook salmon and coho salmon recreational 
TACs for north of Cape Falcon (see C.5).
    An impact neutral non-selective coho salmon fishery may be 
considered through inseason management action later in the season.
    October 3 through earlier of October 7, or 150 Chinook salmon quota 
(see C.5) in the area north of 47[deg]50'00'' N lat. and south of 
48[deg]00'00'' N lat.
    Chinook salmon only, one Chinook salmon per day. See minimum size 
limits (see B). See gear restrictions and definitions (see C.1, C.2, 
C.3).
    Fishery may be closed if extreme freshwater temperature and/or flow 
events occur in the Quillayute basin in September.

--Queets River to Leadbetter Point (Westport Subarea)

    June 24 through earlier of September 30, or 59,050 marked coho 
salmon subarea quota, with a subarea guideline of 17,210 Chinook salmon 
(see C.5).
    Open 7 days per week. All salmon, two salmon per day, of which only 
one may be a Chinook salmon. All coho salmon must be marked with a 
healed adipose fin clip. See gear restrictions and definitions (see 
C.1, C.2, C.3). Chinook salmon minimum size limit of 22 inches (55.9 
cm) total length (see B).
    An impact neutral non-selective coho salmon fishery may be 
considered through inseason management action later in the season.
    Inseason management may be used to sustain season length and keep 
harvest within the overall Chinook salmon and coho salmon recreational 
TACs for north of Cape Falcon (see C.5).

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

    June 24 through earlier of September 30, or 79,800 marked coho 
salmon subarea quota, with a subarea guideline of 11,490 Chinook salmon 
(see C.5).
    Open 7 days per week. All salmon, two salmon per day, of which only 
one may be a Chinook salmon. All coho salmon must be marked with a 
healed adipose fin clip. See gear restrictions and definitions (see 
C.1, C.2, C.3). Chinook salmon minimum size limit of 22 inches (55.9 
cm) total length (see B).
    An impact neutral non-selective coho salmon fishery may be 
considered through inseason management action later in the season.
    Columbia Control Zone closed (see C.4.c). Inseason management may 
be used to sustain season length and keep harvest within the overall 
Chinook salmon and coho salmon recreational TACs for north of Cape 
Falcon (see C.5).
South of Cape Falcon, OR
    Mark-selective coho salmon fishery:

--Cape Falcon to Oregon/California border

    June 17 through the earlier of August 31, or 110,000 marked coho 
salmon quota (see C.6).
    Open 7 days per week. All salmon except Chinook salmon, two salmon 
per day. All retained coho salmon must be marked with a healed adipose 
fin clip (see C.1). See minimum size limits (see B). See gear 
restrictions and definitions (see C.2, C.3).
    Any remainder of the mark-selective coho salmon quota may be 
transferred inseason on an impact neutral basis to the recreational 
and/or commercial troll quotas for the non-selective coho salmon 
fishery from Cape Falcon to Humbug Mountain. Recreational needs will be 
prioritized for this transfer (see C.5).

--Cape Falcon to Humbug Mountain

    September 1-October 31 (see C.6).
    Open 7 days per week. All salmon except coho salmon, except as 
described in the non-mark-selective coho salmon fishery (see C.5), one 
fish per day (see C.1). Chinook salmon minimum size limit of 24 inches 
(61.0 cm) total length (see B). See gear restrictions and definitions 
(see C.2, C.3). Beginning October 1, open only shoreward of the 40-
fathom (73-meter) regulatory line (see C.5.g).
    In 2024, the season will open March 15 for all salmon except coho 
salmon, two salmon per day (see C.1). Chinook salmon minimum size limit 
of 24 inches (61 cm) total length (see B); and the same gear 
restrictions as in 2023 (see C.2, C.3). This opening could be modified 
following Council review at its March 2024 meeting.
    Non-mark-selective coho salmon fishery:

--Cape Falcon to Humbug Mountain

    September 1 through the earlier of September 30, or 25,000 non-
mark-selective coho salmon quota (see C.6). Open days may be modified 
inseason.
    Open 7 days per week. All salmon, two salmon per day only one of 
which may be a Chinook salmon (see C.1). See minimum size limits (see 
B). See gear restrictions and definitions (see C.2, C.3).
    For recreational fisheries from Cape Falcon to Humbug Mountain: 
Fishing in the Stonewall Bank YRCA is 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) (see C.3.b, 
C.4.d).

--Oregon/California Border to latitude 40[deg]10' N (California KMZ)

    Closed in 2023.
    In 2024, season opens May 1 for all salmon except coho salmon, two 
salmon per day (see C.1). Chinook salmon minimum size limit of 20 
inches (50.8 cm) total length (see B). See compliance requirements (see 
C.1) and gear restrictions and definitions (see C.2, C.3). Bag limits 
may be modified in season. This opening could be modified

[[Page 30246]]

following Council review at its March or April 2024 meeting.

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

    Closed in 2023.
    In 2024, season opens April 6 for all salmon except coho salmon, 
two salmon per day (see C.1). Chinook salmon minimum size limit of 20 
inches (50.8 cm) total length (see B). See compliance requirements (see 
C.1) and gear restrictions and definitions (see C.2, C.3). Bag limits 
may be modified in season. This opening could be modified following 
Council review at its March or April 2024 meeting.

--Point Arena to Pigeon Point (San Francisco)

    Closed in 2023.
    In 2024, season opens April 6 for all salmon except coho salmon, 
two salmon per day (see C.1). Chinook salmon minimum size limit of 24 
inches (61.0 cm) total length (see B). See compliance requirements (see 
C.1) and gear restrictions and definitions (see C.2, C.3). Bag limits 
may be modified in season. This opening could be modified following 
Council review at its March or April 2024 meeting.

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

    Closed in 2023.
    In 2024, season opens April 6 for all salmon except coho salmon, 
two salmon per day (see C.1). Chinook salmon minimum size limit of 24 
inches (61.0 cm) total length (see B). See compliance requirements (see 
C.1) and gear restrictions and definitions (see C.2, C.3). Bag limits 
may be modified in season. This opening could be modified following 
Council review at its March or April 2024 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 2023 Recreational Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                 Area (when open)                    Chinook (in)      Coho (in)                Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon (Westport and Columbia River)            22.0            16.0  None.
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 Mountain to Oregon/California border.......            24.0            16.0  None.
Oregon/California border to Point Arena...........  ..............  ..............  ............................
Point Arena to Pigeon Point.......................  ..............  ..............  ............................
Pigeon Point to U.S./Mexico border................  ..............  ..............  ............................
----------------------------------------------------------------------------------------------------------------
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 or salmon heads removed 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.
    b. Latitude 40[deg]10' 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 5 inches (12.7 cm) 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: 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 4 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: 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: 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.,

[[Page 30247]]

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 nm (11 
km) north of the Klamath River mouth); on the west by 124[deg]23'00'' W 
long. (approximately 12 nm (22 km) offshore); and, on the south by 
41[deg]26'48'' N lat. (approximately 6 nm (11 km) 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 heading above, 
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 salmon 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 salmon 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 salmon.
    e. Marked coho salmon remaining from the Cape Falcon to 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 or the Cape Falcon to Humbug Mountain 
commercial troll fishery if the transfer would not result in exceeding 
preseason impact expectations on any stocks.
    f. Deviations from the allocation of allowable ocean harvest of 
coho salmon in the area south of Cape Falcon may be allowed in order to 
meet consultation standards for ESA-listed stocks (FMP 5.3.2). 
Therefore, any rollovers that result in a deviation from the south of 
Cape Falcon coho salmon allocation schedule between sectors would still 
fall underneath this exemption.
    g. Waypoints for the 40-fathom regulatory line from Cape Falcon to 
Humbug Mountain (50 CFR 660.71(0)(12)-(62)), when in place.
C.6. Additional Seasons in State Territorial Waters
    Consistent with Council management objectives, the states of 
Washington, Oregon, and California may establish limited seasons in 
state waters. Check state regulations for details.

Section 3. Treaty Indian Management Measures for 2023 Ocean Salmon 
Fisheries

    Parts A, B, and C of this section contain requirements that must be 
followed for lawful participation in the fishery.
    Overall Chinook salmon and/or coho salmon TACs may need to be 
reduced or fisheries adjusted to meet NMFS ESA guidance, FMP 
requirements, upon conclusion of negotiations in the North of Falcon 
forum, or upon receipt of preseason catch and abundance expectations 
for Canadian and Alaskan fisheries.
    In 2024, the season will open May 1, consistent with all preseason 
regulations in place for Treaty Indian Troll fisheries during May 16-
June 30, 2023. All catch in May 2024 applies against the 2024 Treaty 
Indian Troll fisheries quota. This opening could be modified following 
Council review at its March and/or April 2024 meetings.

A. Season Descriptions

    May 1 through the earlier of June 30, or 22,500 Chinook salmon 
quota.
    All salmon may be retained except coho salmon. If the Chinook 
salmon quota is exceeded, the excess will be deducted from the later 
all-salmon season (see C.5). See size limit (see B) and other 
restrictions (see C).
    July 1 through the earlier of September 15, or 22,500 Chinook 
salmon quota or 57,000 coho salmon quota.
    All salmon. See size limit (see B) and other restrictions (see C).

B. Minimum Size (Inches)

            Table 3--Minimum Size Limits for Salmon in the 2023 Treaty Indian Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                                          Chinook                          Coho
                              --------------------------------------------------------------
       Area (when open)          Total length     Head-off      Total length     Head-off            Pink
                                     (in)           (in)            (in)           (in)
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon.........            24.0          18.0             16.0          12.0   None.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in 61.0 cm, 18.0 in 45.7 cm, 16.0 in 40.6 cm, 12.0 in 30.5 cm.


[[Page 30248]]

C. Requirements, Definitions, Restrictions, or 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 [Washington Administrative Code 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 lat. 
48[deg]10'00'' N, long. 124[deg]43'56.9'' W; then proceeding west 
approximately 40 nm (74 km) at that latitude to a northwestern point 
located at lat. 48[deg]10'00'' N, long. 125[deg]44'00'' W; then 
proceeding in a southeasterly direction mirroring the coastline at a 
distance no farther than 40 nm (74 km) from the mainland Pacific coast 
shoreline at any line of latitude, to a southwestern point at lat. 
47[deg]31'42'' N, long. 125[deg]20'26'' W; then proceeding east along 
that line of latitude to the Pacific coast shoreline at lat. 
47[deg]31'42'' N, long. 124[deg]21'9.0'' W.
    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 lat. 47[deg]40'06'' N, long. 
124[deg]23'51.362'' W; then proceeding west approximately 30 nm (55.6 
km) at that latitude to a northwestern point located at lat. 
47[deg]40'06'' N, long. 125[deg]08'30'' W; then proceeding in a 
southeasterly direction mirroring the coastline no farther than 30 nm 
(55.6 km) from the mainland Pacific coast shoreline at any line of 
latitude, to a southwestern point at lat. 46[deg]53'18'' N, long. 
124[deg]53'53'' W; then proceeding east along that line of latitude to 
the Pacific coast shoreline at lat. 46[deg]53'18'' N, long. 
124[deg]7'36.6'' W.
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 may 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 2024 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 6 nm (11 km) 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 2 nm (3.7 km) 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'' heading above, the following 
inseason guidance is provided by NMFS:
    a. Chinook remaining from the May through June treaty-Indian ocean 
troll harvest guideline north of Cape Falcon may be transferred to the 
July through September harvest guideline on a fishery impact equivalent 
basis.

Section 4. Halibut Retention

    Under the authority of the Northern Pacific Halibut Act, NMFS 
promulgated regulations governing the Pacific halibut fishery, which 
appear at 50 CFR part 300, subpart E. On March 7, 2023, NMFS published 
a final rule announcing the International Pacific Halibut Commission's 
(IPHC) regulations, including season dates, management measures, TAC 
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 (88 FR 14966, 
March 7, 2023). 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 permit, 
may retain halibut caught incidentally during authorized periods in 
conformance with provisions published with the annual salmon management 
measures. A salmon troller may participate in the halibut incidental 
catch fishery during the salmon troll season or in the directed 
commercial fishery targeting halibut, but not both.
    The following measures have been approved by the IPHC and 
implemented by NMFS. During authorized periods, the operator of a 
vessel that has been issued an incidental halibut harvest permit may 
retain Pacific halibut caught incidentally in Area 2A while trolling 
for salmon. Halibut retained must be no less than 32 inches (81.3 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.
    Permit applications for incidental harvest must be obtained from 
the WCR Permits Office (phone: 562-980-4238 or [email protected]). 
Applicants must apply prior to March 1 for 2023 permits. Incidental 
harvest is authorized only during April, May, and June of the 2023 
salmon troll seasons and after June 30 in 2023 if the quota remains and 
if announced on the NMFS hotline (phone: 800-662-9825 or 206-526-6667). 
WDFW, ODFW, and CDFW will monitor landings. If the landings are 
projected to exceed the 45,497 pound (20,637 kg) 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.
    Incidental halibut harvest regulations, including season dates, 
management measures, and TAC for each IPHC management area, are listed 
under C.7 of Section 1: Commercial Management Measures for 2023 Ocean 
Salmon Fisheries.

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.
Humbug Mountain, OR....................  42[deg]40'30'' N lat.

[[Page 30249]]

 
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 Mendocino,    40[deg]10'00'' N lat.
 CA).
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 section 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 May 15 of the following year. May 16 was chosen because it 
provides the minimally 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 February because spawning escapement continues through the fall.
    The preseason planning and public review process associated with 
developing Council recommendations is initiated in February as soon as 
the forecast information becomes available. The public planning process 
requires coordination of management actions of four states, numerous 
Indian tribes, and the Federal Government, all of which have management 
authority over the stocks. This complex process includes the affected 
user groups, as well as the general public. The process is compressed 
into a 2-month period culminating with the April Council meeting at 
which the Council adopts a recommendation that is forwarded to NMFS for 
review, approval, and implementation of fishing regulations effective 
on May 16. Providing the opportunity for prior notice and public 
comments on the Council's recommended measures through a proposed and 
final rulemaking process would require 30 to 60 days in addition to the 
2-month period required for the 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 2023 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 assess the amount of available salmon 
available to 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 opportunities 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 2023 measures are not in place on May 16, salmon fisheries 
will not open as scheduled. This would result in lost fishing 
opportunities, 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 comments 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 2023 ocean salmon fishing 
year on May 16, NMFS has concluded it would be impracticable and 
contrary to the public interest to provide an

[[Page 30250]]

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 the 
date of 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 the harvest of more abundant 
stocks. Delaying the date of 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 (800-662-9825 or 206-526-6667) 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 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-10090 Filed 5-10-23; 8:45 am]
BILLING CODE 3510-22-P