[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Rules and Regulations]
[Pages 44553-44567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11046]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240514-0137]
RIN 0648-BM47


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2024 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 ocean salmon fisheries off Washington, Oregon, and 
California for the season beginning May 16, 2024, and ending May 15, 
2025 (the 2024 ocean salmon fishing season), under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA). The 
fishery management measures establish fishing areas, seasons, quotas, 
legal gear, recreational fishing days and catch limits, harvest 
guidelines, possession and landing restrictions, and minimum lengths 
for salmon taken in the U.S. Exclusive Economic Zone (EEZ) off 
Washington, Oregon, and California. The management measures are 
intended to prevent overfishing while achieving, on a continuing basis, 
the optimum yield from the fishery, and to apportion the ocean harvest 
equitably among treaty Indian, and 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 fisheries occurring in State waters.

DATES: This final rule is effective from 0001 hours Pacific Daylight 
Time, May 16, 2024, until the effective date of the 2025 management 
measures, as published in the Federal Register, which we expect to be 
0001 hours Pacific Daylight Time May 16, 2025.

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 (3-200 nautical miles (nmi); 
5.6-370.4 kilometers (km)) off the coasts of Washington, Oregon, and 
California are managed under the Pacific Coast Salmon 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.
    This rule implements the management measures for the 2024 ocean 
salmon fishing season.

Process Used To Establish 2024 Management Measures

    Ocean salmon fishery management measures are established via a 
collaborative process with the Council, States, tribes, fishing 
industry participants, anglers, and the public. The Council announced 
its annual preseason management process for the 2024 ocean salmon 
fishing season in the Federal Register on February 13, 2024 (89 FR 
10042). NMFS published an additional notice of opportunity to submit 
public comments on the 2024 ocean salmon fishery management measures in 
the Federal Register on March 12, 2024 (89 FR 17834). These notices 
announced the availability of key documents, the dates and locations of 
meetings and public hearings regarding determining the annual proposed 
and final modifications to ocean salmon fishery management measures, 
and instructions on how to comment on those measures. The agendas for 
the March and April Council meetings were published in the Federal 
Register (89 FR 12319, February 16, 2024, and 89 FR 19815, March 20, 
2024), 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 2023 Ocean Salmon Fisheries,'' was prepared in February 
when the first increment of scientific information necessary for 
crafting management measures for the 2024 ocean salmon fishing season 
became available. The first report summarizes biological and socio-
economic data from the 2023 ocean salmon fisheries and assesses the 
performance of the fisheries

[[Page 44554]]

with respect to the 2023 management objectives for salmon stocks and 
stock complexes as well as provides historical information for 
comparison. The second report, ``Preseason Report I Stock Abundance 
Analysis and Environmental Assessment Part 1 for 2024 Ocean Salmon 
Fishery Regulations'' (PRE I), provides the 2024 salmon stock abundance 
projections and analyzes how the salmon stocks defined in the FMP and 
Council management goals would be affected if the 2023 management 
measures (the No-Action Alternative under the National Environmental 
Policy Act (NEPA)) were continued for the 2024 ocean salmon fishing 
season. The completion of PRE I is the initial step in developing and 
evaluating the full suite of preseason alternatives.
    Following the completion of the first two reports, the Council met 
from March 5 to 11, 2024, to develop 2024 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 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 2024 Ocean Salmon Fishery Regulations'' (PRE II), 
which analyzes the effects of the proposed 2024 ocean salmon fishing 
season management alternatives.
    The Council sponsored public hearings in person to receive 
testimony on the proposed alternatives on March 25, 2024, for 
Washington and California, and on March 26, 2024, for Oregon. 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 the March and April meetings 
and electronic submissions via the Council's electronic portal and via 
https://www.regulations.gov.
    Members of several federally recognized tribes including tribes 
with treaty rights for salmon harvest testified at the March and April 
Council meetings. Additional tribal comments were submitted in writing. 
Tribes emphasized the cultural importance of salmon to their 
communities, expressed concerns over the uncertainty of forecasts for 
some stocks in 2024, and urged the Council to be conservative in 
setting the salmon seasons. Some Tribes addressed several issues in the 
Columbia Basin such as habitat alteration and increase in avian 
predation. Tribes also expressed concerns that higher harvest levels 
could negatively impact hatchery brood collection and spawning 
escapement to local tributaries. Tribes are doing their part to improve 
habitat, raise hatchery fish, and expand the distribution of salmon to 
their historic production areas and want to ensure that the Council's 
actions are supporting those actions.
    The Council adopted proposed 2024 ocean salmon management 
recommendations at its April meeting. The Council's STT and economist 
then prepared a fourth report, ``Preseason Report III Analysis of 
Council-Adopted Management Measures for 2024 Ocean Salmon Fisheries'' 
(PRE III), which analyzes the environmental and socioeconomic effects 
of the Council's final recommendations (the Council's preferred 
alternative under NEPA). The Council transmitted the recommended 
management measures to NMFS on April 22, 2024, and published them on 
its website (https://www.pcouncil.org).
    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, 2024, consistent with the FMP, and governs most 
federally-managed ocean salmon fisheries. Fisheries that begin prior to 
May 16, 2024, are governed by the final rule implementing the salmon 
fishery management measures for the 2023 ocean salmon fishing season 
(88 FR 30235, May 11, 2023). Salmon fisheries scheduled to begin before 
May 16, 2024, under the 2023 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, 2024, and May 
15, 2024, were modified through inseason action to close the fisheries 
in response to updated salmon stock forecast information for 2024. 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, 2024, would be 
conducted under the 2023 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 (WCR) website (https://www.fisheries.noaa.gov/s3/2024-05/ocean-salmon-fisheries-management-measures-ea-fonsi.pdf).

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. 
In addition, all regulations must be consistent with other applicable 
laws. The ocean salmon fisheries managed under the FMP are mixed-stock 
fisheries, and NMFS uses ``weak stock'' management to avoid exceeding 
limits for the stocks with the most constraining limits. Abundance 
forecasts for individual salmon stocks can vary significantly from one 
year to the next; therefore, the stocks that constrain the fishery in 
one year may differ from those that constrain the fishery in the next. 
For 2024, the stocks described below will constrain fisheries.
    Fisheries south of Cape Falcon, Oregon, are limited in 2024 
primarily by conservation concerns for Klamath River fall-run Chinook 
salmon (KRFC), Sacramento River fall-run Chinook salmon (SRFC), and 
Southern Oregon/Northern California Coast (SONCC) coho salmon. In 2018, 
NMFS determined that the KRFC stock was overfished, as defined under 
the MSA and the FMP. In 2024, KRFC continues to be overfished and is 
managed under a rebuilding plan (85 FR 75920, November 27, 2020).
    Fisheries north of Cape Falcon are limited by conservation 
requirements for the natural spawning component of the ESA-listed lower 
Columbia River coho salmon (Lower Columbia Natural or LCN coho salmon) 
Evolutionarily

[[Page 44555]]

Significant Unit (ESU) and Puget Sound (PS) Chinook salmon stocks (see 
Table 3-1 in the FMP and NMFS' guidance letter to the Council, February 
29, 2024). The limitations imposed to protect these stocks are 
described below. The management measures for 2024 are designed to avoid 
exceeding these limitations. Queets River spring/summer Chinook salmon 
continue to meet the criteria for being classified as overfished based 
on the most recent 3-year geometric mean of spawning escapement (2020-
2022), and a rebuilding plan is currently under development. However, 
it was not a limiting stock in planning the 2024 ocean salmon fishing 
season.
    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 2021, 
2022, and 2023 and is managed under a rebuilding plan consistent with 
the requirements of the FMP. 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 10 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, the 2024 forecast allows only de minimis fishing 
this year, i.e., a total allowable exploitation rate of 20 percent 
(including all ocean and river fisheries, including tribal fisheries). 
This limit will constrain fisheries south of Cape Falcon. The 2024 
management measures are forecast to result in a spawning escapement of 
36,511 KRFC natural spawners, which is above the stock's MSST (30,525). 
A natural-area escapement of 36,511 adults would represent the 26th 
lowest value over the past 47 years of data.
    SRFC (non-ESA-listed): In 2021, NMFS declared the SRFC salmon stock 
rebuilt (87 FR 25429) due to several years of higher escapements; 
however, escapements in recent years have once again been low compared 
with the stock's conservation objective and caution is warranted to 
reduce the likelihood that the stock becomes overfished again. Spawner 
abundance has been below the escapement floor of 122,000 associated 
with the FMP objective in 5 of the last 8 years. The 3-year geometric 
mean of spawners is now 95,569 (2021, 2022, and 2023) as compared with 
the MSST of 91,500 at which the stock would meet the criteria of 
overfished. Commercial fisheries south of Cape Falcon will be heavily 
constrained in Oregon and closed in California owing to its low 
abundance forecast. The adopted management measures result in a 
projected escapement of 180,061, which exceeds the 2024 objective of 
180,000 hatchery and natural area adult spawners. The Sacramento River 
also experienced low flows and high temperatures in recent years 
associated with decades of frequent droughts; these conditions have 
adversely affected the stock. The dominant year class contributing to 
2024 fisheries was affected by below-average freshwater and early 
marine survival conditions.
    SONCC coho salmon (ESA-listed threatened): The SONCC coho salmon 
ESU has been listed as threatened under the ESA since 1997. 
Conservation concerns for ESA-listed SONCC coho salmon will limit 
fisheries south of Cape Falcon in 2024. The SONCC coho salmon ESU 
consists of all naturally produced populations of coho salmon from 
coastal streams between Cape Blanco, OR, and Punta Gorda, CA, and 
limited artificial propagation programs. Under the FMP, ESA 
consultation standards are used to manage ESA-listed stocks, including 
SONCC coho salmon. In April 2022, the agency approved new harvest 
control rules that limited the total fishery (marine and freshwater) 
exploitation rate to 15 percent for all populations within the SONCC 
ESU except the Trinity River coho salmon population, which is limited 
to 16 percent. Coho salmon retention is prohibited in all California 
ocean salmon fisheries. Salmon in 2024 will be managed consistent with 
these harvest control rules.
    Lower Columbia River (LC) coho salmon (ESA-listed threatened): The 
LC coho salmon ESU has been listed as threatened under the ESA since 
2005. In 2015, NMFS conducted the most recent ESA section 7 
consultation and issued a biological opinion regarding the effects of 
Federal fisheries and fisheries in the Columbia River on LC coho 
salmon. The opinion analyzed the use of a harvest matrix to manage 
impacts on LC coho salmon. As described above, the FMP manages LCN coho 
salmon, the natural component of the LC coho salmon ESU. Under the 
matrix, the allowable harvest in a given year depends on indicators of 
marine survival and parental escapement to spawning. In 2024, Federal 
ocean salmon fisheries and commercial and recreational salmon fisheries 
in State waters including the mainstem Columbia River below Bonneville 
Dam must be managed subject to a total exploitation rate limit on LCN 
coho salmon not to exceed 23 percent. In 2024, LCN coho salmon will 
constrain these salmon fisheries, particularly those north of Cape 
Falcon, such that, when combined with commercial and recreational 
fisheries in the mainstem Columbia River, the ESA requirement is met.
    PS Chinook salmon (ESA-listed threatened): The PS Chinook salmon 
ESU was listed as threatened in 1999. Impacts from Federal fisheries 
are addressed through a 2004 biological opinion. Generally, these 
impacts are quite low and within the range contemplated in the 2004 
opinion. However, because the PS Chinook salmon ESU is impacted by 
salmon fisheries in Puget Sound and associated freshwater fisheries 
(collectively referred to as ``inside'' fisheries), the impacts of 
Federal and State-water fisheries, including those in Puget Sound, on 
PS Chinook salmon are evaluated together, and that analysis forms the 
basis of a package of Puget Sound fisheries management measures to 
which the State of Washington and Indian tribes with treaty rights to 
fish in Puget Sound have agreed through a negotiation process, the 
North of Falcon forum, that runs concurrent with the Federal salmon 
season planning process. In 2024, fisheries north of Cape Falcon will 
be constrained so that, when combined with impacts from inside 
fisheries, conservation objectives for several populations (e.g., 
Snohomish, Stillaguamish) in the PS Chinook salmon ESU at low abundance 
in 2024 are met.
Other Resource Issues
    Southern Resident Killer Whale (SRKW) (ESA-listed endangered): The 
SRKW distinct population segment was listed under the ESA as endangered 
in 2005 (70 FR 69903, November 18, 2005). In 2021, NMFS approved 
amendment 21 to the FMP (86 FR 51017, September 14, 2021), which 
establishes a Chinook salmon annual abundance management threshold 
below which specific measures to limit the effects of the ocean salmon 
fishery on Chinook salmon prey availability for SRKWs are implemented. 
These measures include time and area closures, a quota limitation for 
the north of Cape Falcon management area, and temporal shifts in 
fishing. This forecast abundance compared with the Chinook salmon 
abundance threshold is reported annually in the above-referenced 
preseason reports as required by the FMP.

[[Page 44556]]

    Because the pre-season estimate of the abundance of Chinook salmon 
in 2024 exceeds the threshold in the FMP, additional management 
measures are not required by the FMP including amendment 21 (Preseason 
Report III; PFMC 2024).

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 SFRC and KRFCsalmon 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 NMFS defines by 
regulation ``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)). Other Chinook salmon stocks caught in 
fisheries north of Cape Falcon are ESA-listed or hatchery-produced and 
are managed consistent with ESA consultations, hatchery goals, or the 
provisions of the PST. 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 management measures must 
achieve the conservation objectives.
    For SRFC in 2024, the overfishing limit (OFL) is SOFL = 
213,622 (potential spawner abundance forecast) multiplied by 1- 
FMSY (1 - 0.78) or 46,997 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 
213,622 multiplied by 1 - FABC (1 - 0.70) (FMSY 
reduced for scientific uncertainty = 0.70) or 64,087. The 
SACL is set equal to SABC, i.e., 64,087 spawners. 
The adopted management measures provide for a projected SRFC spawning 
escapement of 180,061.
    For KRFC in 2024, SOFL is 45,639 (potential spawner 
abundance forecast) multiplied by 1-FMSY (1 - 0.71), or 
13,235 returning spawners. SABC is 45,639 multiplied by 1 - 
FABC (1 - 0.68) (FMSY reduced for scientific 
uncertainty = 0.68) or 14,605 returning spawners. SACL is 
set equal to SABC, i.e., 14,605 spawners. The adopted 
management measures provide for a projected KRFC spawning escapement of 
36,511.
    For Willapa Bay natural coho salmon in 2024, SOFL = 
42,236 (potential spawner abundance forecast) multiplied by 1-
FMSY (1 - 0.74) or 10,981 returning spawners. 
SABC is 42,236 multiplied by 1 - FABC (1 - 0.70) 
(FMSY reduced for scientific uncertainty = 0.70) or 12,671. 
SACL is set equal to SABC, i.e., 12,671 spawners. 
The adopted management measures provide for a projected Willapa Bay 
natural coho salmon spawning escapement of 29,512.
    In summary, the 2024 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 2024 salmon 
management measures in their notice announcing public meetings and 
hearings (89 FR 10042, February 13, 2024). At its March meeting, the 
Council developed three alternatives for 2024 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 2024 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, the States, 
and NMFS. The Council received 619 written comments via their 
electronic portal and 9 oral comments on 2024 ocean salmon fisheries 
including from members of the public that commented several times. The 
three public hearings were attended by a total of 125 people; 53 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 
2024 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 2024 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 2024 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 22, 2024. NMFS also invited 
comments to be submitted directly to the Council or NMFS via the 
Federal Rulemaking Portal (https://www.regulations.gov) in a notice (89 
FR 17834, March 12, 2024); NMFS received no comments via the Federal 
Rulemaking Portal.
    Comments on alternatives for commercial salmon fisheries. Many 
written comments were from commercial salmon fishers from California. 
Of those written comments, the majority supported Alternative III 
(i.e., closure of commercial salmon fishing). Those testifying on north 
of Cape Falcon commercial salmon fisheries at the Washington hearing 
supported the non-treaty quotas and season structure from Alternative I 
including the 85,000 total allowable catch for Chinook salmon and 
105,000 coho salmon. Alternative I allows for increased access to the 
Chinook salmon total allowable catch (TAC) in the spring and to take 
advantage of market demands for troll-caught salmon. They also 
expressed support for inseason management as an invaluable tool to meet 
conservation objectives while allowing flexibility to attain the full 
quota. Those testifying on south of Cape Falcon commercial salmon 
fisheries at the Oregon hearing supported Alternative I and III. For 
Alternative III in the area from Cape Falcon to Humbug

[[Page 44557]]

Mountain, commenters requested that the Council consider a higher trip 
limit than the proposed 100 coho salmon. Due to a low participation 
rate and diminishing of the fleet, a higher trip limit would provide 
more opportunities to access the fish allocation. Those testifying at 
the California hearing largely supported Alternative III with a full 
closure given the low forecasts for California salmon stocks. This rule 
adopts commercial fishing measures north and south of Cape Falcon that 
are within the range of the alternatives considered.
    Comments on alternatives for recreational fisheries. Those 
testifying on fishery management alternatives north of Cape Falcon 
favored Alternative I and opening the ocean recreational fishery as 
early as possible with a season structure that allowed for maximum 
opportunity and avoiding any early closures, particularly before 
September, noting the negative economic implications on businesses that 
support the fisheries. Those commenting on fishery alternatives south 
of Cape Falcon in Oregon expressed a range of opinions on the 
alternatives. For Alternatives I and III, the commenters were in favor 
of a mark-selective Chinook salmon opportunity rather than no Chinook 
salmon retention. In addition, one commenter expressed concerns over 
the level of the SRFC impacts going to the in-river fishery under 
Alternatives II and III which did not seem fair and equitable when 
compared to the level of SRFC impacts available to Oregon fisheries. 
Comments from California had mixed support for fishing under 
Alternative I or a closure of all areas under Alternative III. 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 fisheries in southern 
Oregon from Cape Falcon to Humbug Mountain. We respond to key comments 
below.
    Comment 1: The commenter noted that Alternative III for the Cape 
Falcon to Humbug Mountain commercial troll fishery provides for a 
September 1 to 30 non-mark-selective coho salmon season with a quota of 
10,000 non-marked coho salmon (which means total harvest may exceed 
10,000 coho salmon). The commenter asserted that to comply with the FMP 
section 5.3.2, any coho salmon allocation to the commercial troll 
fishery in September should be contingent upon sufficient coho salmon 
quota being first allocated to the recreational fishery to reasonably 
ensure completion of all scheduled recreational coho salmon fisheries.
    Response: Ocean salmon fisheries are designed to ensure 
conservation goals for salmon stocks in the FMP, including ESA-listed 
stocks, are met. For 2024 ocean salmon fisheries, ESA-listed LC and 
SONCC coho salmon stocks constrained ocean salmon fisheries south of 
Cape Falcon. The goal in developing the 2024 salmon season was to 
provide opportunity and access to relatively healthy salmon runs coming 
back to Oregon while remaining within the overall management guidelines 
and ESA constraints. Provisions in section 5.3.2 state that the goals 
are to help secure recreational seasons extending at least from 
Memorial Day through Labor Day when possible, assist in maintaining 
commercial markets even at relatively low stock sizes, and fully 
utilize available harvest. To accomplish this, deviations from the 
allocation schedule are explicitly allowed under section 5.3.2 of the 
FMP to meet consultation standards for ESA-listed stocks. The 
alternative adopted by this rule provides for recreational coho salmon 
fishing in the Cape Falcon to Humbug Mountain area from June 15 through 
mid-August and during the month of September (or 25,000 coho salmon 
quota), 7 days per week during the open period. It also includes a non-
mark-selective commercial troll coho salmon fishery from September 1 
through the earlier of September 30 or a 2,500 coho salmon quota, much 
lower than the 10,000 quota included in Alternative III. The 
alternative adopted by this rule meets the provisions in section 5.3.2 
of the FMP by providing for recreational fishing throughout most of the 
Memorial Day through Labor Day period and maintaining commercial 
markets in utilizing the available harvest given the constraints on the 
fishery to meet consultation standards for ESA-listed coho salmon 
stocks and to meet 2024 conservation objectives for KRFC and SRFC 
stocks.
    Comment 2: Any measures to govern commercial troll fisheries in 
September and October in the area between Cape Falcon and Humbug 
Mountain should be adopted subject to potential additional management 
measures being implemented that are designed to address conservation 
concerns regarding Oregon Coast fall Chinook salmon stocks and the 
maintenance of traditional ocean and in-river fall recreational 
fisheries.
    Response: Based on coded-wire tag recoveries in ocean and terminal 
fisheries and in escapement, more than 80 percent of the fishing-
related mortality on Oregon Coast Chinook salmon stocks that occurs in 
all southern U.S. salmon fisheries occurs in State waters including in-
river fisheries. In-river fisheries are managed by the Oregon Fish and 
Game Commission and are outside Federal jurisdiction. However, under 
the provisions of the FMP, states can propose to request changes to the 
ocean and recreational fisheries management measures via inseason 
action. Any inseason action must be consistent with escapement goals, 
conservation of the salmon resource, any federally recognized Indian 
fishing rights, applicable sharing provisions, and consideration of the 
factors listed in section 10.2 of the FMP.
    Comment 3: One commenter expressed concerns over the large amount 
of SRFC harvest allocated to the in-river fishery under Alternatives II 
and III which, they argued, did not seem realistic, or fair and 
equitable. They observed that some stakeholders suggested that in-river 
harvest projections under Alternatives II and III implicitly 
incorporate additional conservation buffers for SRFC escapement because 
in-river fisheries are unlikely to be implemented that realize PRE II's 
projected harvest levels. If this is the case, any anticipated buffers 
and their impacts on conservation objectives should be explicitly 
discussed to foster a transparent public process.
    Response: The measures in this final rule do not incorporate 
implicit or undisclosed buffers. The expectation that some in-river 
allocation would not be harvested in the interest of conservation of 
SRFC was clarified and discussed by the Council in adopting the final 
alternative. The California Department of Fish and Wildlife (CDFW) 
stated ``CDFW requested that the Council designed fisheries to minimize 
impacts in all Council-managed fisheries that encounter SRFC and KRFC 
stocks and it's CDFW's desire that all foregone harvest of these stocks 
be put towards escapement this fall.'' See Agenda Item E.6.a 
Supplemental CDFW Report 1: CDFW Letter to the Council. CDFW clarified 
during Council discussion that its intent was to close all salmon 
fishing in California waters and would make that recommendation to the 
California Fish and Game Commission which has jurisdiction over 
freshwater fisheries in California. The report clarified to the public 
that the intent of the CDFW was to forego in-river harvest of SRFC and 
to allow those fish to contribute to escapement. Consistent with the 
commenter's interest in a transparent process, that information was 
available for public comment

[[Page 44558]]

during Council discussion at the April meeting.
    The final rule reflects consideration of these comments and 
generally includes aspects of all three alternatives, while considering 
the best available scientific information, the 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.

2024 Specifications and Management Measures

    The ocean harvest levels and management measures for the 2024 
fisheries are designed to apportion the burden of protecting the weak 
stocks identified and discussed in PRE I equitably among ocean 
fisheries and to provide harvest opportunity of natural and hatchery 
runs surplus to inside fishery and spawning needs. Based on the 
information provided in the four Council documents described above, the 
EA, and discussion at the Council meetings, and taking into account 
public comments, NMFS concludes the recommended measures are consistent 
with the requirements of the MSA, the ESA, U.S. obligations to Indian 
tribes with federally recognized fishing rights, and U.S. international 
obligations regarding Pacific salmon. Accordingly, NMFS, through this 
final rule, approves and implements the Council's recommendations.
    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 early season fisheries that opens earlier than May 16, 
2025. The commercial and recreational seasons will open in 2024 as 
indicated under the ``Season Description'' headings (in ``Section 1. 
Commercial, Non-Indian, Troll Fishery Management Measures'' and 
``Section 2. Recreational Fishery Management'') of this final rule. 
NMFS may take inseason action to adjust the commercial and recreational 
seasons that occur prior to May 16, 2025, as needed. The Treaty Indian 
ocean troll seasons will open in 2025 as indicated under the ``Season 
Description'' headings (in ``Section 3. Treaty Indian Management 
Measures''). In 2025, 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, 2024. This opening could 
be modified via inseason action.
    Sections 1, 2, and 3 below set out the final specifications and 
management measures for the commercial, recreational, and Treaty Indian 
ocean salmon fisheries for 2024 and, as specified, for 2025. Section 4 
provides requirements for halibut retention; section 5 provides 
geographical landmarks; and section 6 specifies notice procedures for 
inseason modifications. Those elements of the measures set forth in 
sections 1 through 3 that refer to fisheries implemented prior to May 
16, 2024, were promulgated in our 2023 rule (88 FR 29690, May 11, 
2023), as modified by inseason action, 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, Non-Indian Fishery Management Measures

    Parts A, B, and C of this section contain the requirements for 
participation in the 2024 commercial, non-Indian, salmon troll fishery. 
Part A identifies fishing seasons and areas, from north to south, 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 other requirements, definitions, 
restrictions, and exceptions.
    Inseason modifications of the regulations may be necessary under 
certain conditions to fulfill objectives. Inseason actions include 
``fixed'' or ``flexible'' actions as decribed in 50 CFR 660.409.

A. Season, Area, and Species Descriptions

--North of Cape Falcon, OR

    May 16 through the earlier of June 29, or when NMFS announces the 
attainment of 24,600 Chinook salmon.
    Catch limits in place for the following areas:

--U.S./Canada border to Queets River: 5,600 Chinook salmon.
--Leadbetter Point to Cape Falcon: 5,710 Chinook salmon.

    Landing and possession limits are in place for the following areas. 
Landing week is Thursday through Wednesday. Landing limits will be 
evaluated weekly inseason.
    Landing and possession limit of 150 Chinook salmon per vessel 
combined across all subareas per landing week.

--U.S./Canada border to Queets River: 60 Chinook salmon per vessel per 
landing week.
--Queets River to Leadbetter Point: 150 Chinook salmon per vessel per 
landing week.
--Leadbetter Point to Cape Falcon: 60 Chinook salmon per vessel per 
landing week.

    Open 7 days per week. All salmon, except coho salmon.
    If the Chinook salmon quota is exceeded, the excess will be 
deducted from the all-salmon season.
    In 2025, the season will open May 1.

--U.S./Canada border to Leadbetter Point

    July 1 through the earlier of September 15, or the U.S./Canada 
border to Cape Falcon quotas of 16,400 Chinook salmon or 15,200 marked 
coho salmon.

--Leadbetter Point to Cape Falcon

    July 1 through the earlier of September 30, or the U.S./Canada 
border to Cape Falcon quotas of 16,400 Chinook salmon or 15,200 marked 
coho salmon.
    Open 7 days per week. All salmon. All coho salmon must be marked 
with a healed adipose fin clip. No chum salmon retention north of Cape 
Alava, WA in August and September.
    July 1-10: Landing possession limit of 70 Chinook salmon and 100 
marked coho salmon per vessel for the open period.
    Beginning July 11: Landing possession limit of 120 Chinook salmon 
and 100 marked coho salmon per vessel per landing week (Thursday-
Wednesday).
    Landing limits will be evaluated weekly inseason.
    For all commercial troll fisheries north of Cape Falcon: Mandatory 
closed areas include the Salmon Troll Yelloweye Rockfish Conservation 
Area (YRCA), Cape Flattery, and Columbia Control Zones. Grays Harbor 
Control Zone closed beginning August 12.
    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 for 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.

[[Page 44559]]

    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 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 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 1 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.
    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. Inseason 
actions may modify harvest guidelines in later fisheries to achieve or 
prevent exceeding the overall allowable troll harvest impacts.
    Vessels fishing in a subarea north of Cape Falcon with a higher 
limit may transit through and land in a subarea with a lower limit. 
Prior to crossing the subarea line at Leadbetter Point or Queets River, 
vessels must notify WDFW at 360-249-1215 with area fished, total 
Chinook salmon, coho salmon, and halibut catch aboard, and destination 
with approximate time of delivery.
South of Cape Falcon, OR

--Cape Falcon to Humbug Mountain

    April 16, 2024-May 29;
    June 1-5; 12-16; 26-30;
    July 26-30;
    August 4-8;
    September 1-October 31.
    Open 7 days per week. All salmon, except coho salmon except for in 
the non-mark selective coho salmon fishery described below. All vessels 
fishing in the area must land their salmon in the State of Oregon.
    Non-mark-selective coho salmon fishery:
    September 1 through the earlier of September 30 or a 2,500 coho 
salmon quota, no more than 25 coho salmon allowed per vessel per 
landing week (Thursday-Wednesday). If the coho salmon quota is met 
prior to September 30, then all salmon except coho salmon season 
continues. Mandatory reporting is required as described below:
    Under State law, vessels must report their catch on a State fish 
receiving ticket. Oregon State regulations require all fishers landing 
coho salmon in Oregon from any fishery between Cape Falcon and Humbug 
Mountain to notify ODFW within 1 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.
    Beginning September 1, no more than 75 Chinook salmon allowed per 
vessel per landing week (Thursday-Wednesday).
    In 2025, the season will open March 15 for all salmon except coho 
salmon. Gear restrictions same as in 2024.

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

    April 16-30, 2024.
    Open 7 days per week. All salmon, except coho salmon. All vessels 
fishing in the area must land their salmon in the State of Oregon.
    In 2025, the season will open March 15 for all salmon except coho 
salmon. Gear restrictions same as in 2024.

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

    Closed in 2024.
    In 2025, the season will open May 1 through the earlier of May 31, 
or a 3,000 Chinook salmon quota. Landing and possession limit of 25 
Chinook salmon per vessel per week. Open 5 days per week (Friday-
Tuesday). All salmon except coho salmon. Any remaining portion of 
Chinook salmon quotas may be transferred inseason on an impact neutral 
basis to the next open quota period. All fish caught in this area must 
be landed within the area, within 24 hours of any closure of the 
fishery and prior to fishing outside the area. Electronic Fish Tickets 
must be submitted within 24 hours of landing. Klamath Control Zone 
closed (see C.5.e). See California State regulations for an additional 
closure adjacent to the Smith River.

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

    Closed in 2024.

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

    Closed in 2024.
    In 2025, the season opens April 16 for all salmon except coho 
salmon Gear restrictions same as in 2022. Harvest guidelines and 
vessel-based landing and possession limits may be considered inseason. 
Inseason action to close fisheries, modify season dates, or modify 
vessel-based landing and possession limits may be considered when total 
commercial harvest in this management area is approaching its harvest 
guideline.
    Electronic Fish Tickets must be submitted within 24 hours of 
landing.

--Point Arena to Pigeon Point (San Francisco)

    Closed in 2024.

    In 2025, the season opens May 1 for all salmon except coho salmon. 
Gear restrictions same as in 2022. Inseason action to close fisheries, 
modify season dates, or modify vessel-based landing and possession 
limits may be considered when total commercial harvest in this 
management area is approaching its harvest guideline . Electronic Fish 
Tickets must be submitted within 24 hours of landing.

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

    Closed in 2024.

    In 2025, the season opens May 1 for all salmon except coho salmon. 
Gear restrictions same as in 2022. Harvest guidelines and vessel-based 
landing and possession limits may be considered inseason. Inseason 
action to close fisheries, modify season dates, or modify vessel-based 
landing and possession limits may be considered when total commercial 
harvest in this management area is approaching its harvest guideline. 
Electronic Fish Tickets must be submitted within 24 hours of landing.
    When the fishery is closed from Humbug Mountain to the Oregon/
California border and open to the south, vessels with fish on board 
caught in the open area off California may seek temporary mooring in 
Brookings, OR,

[[Page 44560]]

prior to landing in California only if such vessels first notify the 
Chetco River U.S. Coast Guard (USCG) Station via very high frequency 
(VHF) channel 22A between the hours of 0500 and 2200 and provide the 
vessel name, number of fish on board, and estimated time of arrival.
    California State regulations require all salmon be made available 
to a 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 section 8226).

B. Minimum Size (Inches)

              Table 1--Minimum Size Limits for Salmon in the 2024 Commercial Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                                        Chinook salmon                Coho salmon
        Area (when open)        ----------------------------------------------------------          Pink
                                  Total length     Head-off    Total length     Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.......              27         20.5              16           12  None.
Cape Falcon to Humbug Mountain.              28         21.5              16           12  None.
Humbug Mountain to OR/CA border              28         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 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 four 
spreads are allowed per line.
    c. Oregon/California border to U.S./Mexico border: No more than six 
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, 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 Yelloweye Rockfish Conservation Area--The area in 
Washington Marine Catch Area 3 from 48[deg]00.00' N lat.; 
125[deg]14.00' W long. to 48[deg]02.00' N lat.; 125[deg]14.00' W long. 
to 48[deg]02.00' N lat.; 125[deg]16.50' W long. to 48[deg]00.00' N 
lat.; 125[deg]16.50' W long. and connecting back to 48[deg]00.00' N 
lat.; 125[deg]14.00' W long.
    c. Grays Harbor Control Zone--The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53'18'' N lat., 124[deg]07'01'' W 
long.) to Buoy #2 (46[deg]52'42'' N lat., 124[deg]12'42'' W long.) to 
Buoy #3 (46[deg]55'00'' N lat., 124[deg]14'48'' W long.) to the Grays 
Harbor north jetty (46[deg]55'36'' N lat., 124[deg]10'51'' W long.).
    d. Columbia Control Zone--An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy #4 (46[deg]13'35'' N lat., 124[deg]06'50'' W long.) 
and the green lighted Buoy #7 (46[deg]15'09'' N lat., 124[deg]06'16'' W 
long.); on the east, by the Buoy #10 line which bears north/south at 
357[deg] true from the south jetty at 46[deg]14'00'' N 
lat.,124[deg]03'07'' W long. to its intersection with the north jetty; 
on the north, by a line running northeast/southwest between

[[Page 44561]]

the green lighted Buoy #7 to the tip of the north jetty (46[deg]15'48'' 
N lat., 124[deg]05'20'' W long.), and then along the north jetty to the 
point of intersection with the Buoy #10 line; and, on the south, by a 
line running northeast/southwest between the red lighted Buoy #4 and 
tip of the south jetty (46[deg]14'03'' N lat., 124[deg]04'05'' W 
long.), and then along the south jetty to the point of intersection 
with the Buoy #10 line.
    e. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N lat. (approximately 6 nmi (11 
km) north of the Klamath River mouth); on the west by 124[deg]23'00'' W 
long. (approximately 12 nmi (22 km) off shore); and on the south by 
41[deg]26'48'' N lat. (approximately 6 nmi (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 of halibut during 
commercial salmon fishing must be obtained from the NMFS WCR Permits 
Office.
    a. Pacific 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.
    b. During the salmon troll season, incidental harvest is allowed if 
quota is available. WDFW, ODFW, and CDFW will monitor landings. NMFS 
may make inseason adjustments to the landing restrictions to assure 
that the incidental harvest rate is appropriate for salmon and halibut 
availability, does not encourage target fishing on halibut, and does 
not increase the likelihood of exceeding the quota for this fishery, 
and may prohibit retention of halibut in the non-Indian salmon troll 
fishery if there is risk in exceeding the subquota for the salmon troll 
fishery or the non-tribal commercial fishery allocation. Inseason 
adjustments will be announced on the NMFS hotline (phone: 800-662-9825 
or 206-526-6667). See the most current Pacific Halibut Catch Sharing 
Plan for more details.
    c. Incidental Pacific halibut catch regulations in the commercial 
salmon troll fishery adopted for 2024, prior to any 2024 inseason 
action, will be in effect when incidental Pacific halibut retention 
opens on April 1, 2024.
    d. Incidental Pacific halibut retention begins May 16, 2024, 
through the end of the 2024 salmon troll fishery, and April 1, 2025, 
until modified through inseason action or superseded by the 2025 
management measures. Permit holders may land or possess no more than 1 
Pacific halibut per 2 Chinook salmon, except 1 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.
    e. ``C-shaped'' yelloweye rockfish conservation area is an area to 
be voluntarily avoided for salmon trolling. NMFS and the Council 
request salmon trollers voluntarily avoid this area in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (Washington Marine Area 
3), with the following coordinates in the order listed:

48[deg]18' N lat.; 125[deg]18' W long.;
48[deg]18' N lat.; 124[deg]59' W long.;
48[deg]11' N lat.; 124[deg]59' W long.;
48[deg]11' N lat.; 125[deg]11' W long.;
48[deg]04' N lat.; 125[deg]11' W long.;
48[deg]04' N lat.; 124[deg]59' W long.;
48[deg]00' N lat.; 124[deg]59' W long.;
48[deg]00' N lat.; 125[deg]18' W long.;
and connecting back to 48[deg]18' N lat.; 125[deg]18' W long.
C.8. Inseason Management
    In addition to standard inseason actions or modifications:
    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. 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, 
because 2024 fisheries are constrained to meet ESA-conservation 
objectives as described in the preamble to the rule, any rollovers 
resulting in a deviation from the south of Cape Falcon coho salmon 
allocation schedule would 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. California KMZ Definition: The California KMZ for the ocean 
salmon season shall be that area from Humbug Mountain, OR, to Latitude 
40[deg]10' N.
    C.11. Latitudes for geographical reference of major landmarks along 
the West Coast are listed in section 5 of this final rule.
    C.12. California 24-hour reporting requirements: Salmon harvested 
under quota or harvest limit regulations must be reported within 24 
hours of landing via electronic fish tickets. Electronic fish tickets 
shall be completed at the

[[Page 44562]]

time of the receipt, purchase, or transfer of fish, whichever occurs 
first, and shall contain the number of salmon landed. Once transfer of 
fish begins, all fish aboard the vessel are counted as part of the 
landing. The electronic fish ticket is a web-based form submitted 
through the ``E-Tix'' application, managed by the Pacific States Marine 
Fisheries Commission and located at https://etix.psmfc.org.

Section 2. Recreational Fishery Management Measures

    Parts A, B, and C of this section contain requirements for 
participation in the 2024 recreational ocean salmon fishery. Part A 
identifies fishing areas from north to south, the open seasons for the 
area, and the salmon species allowed to be caught during the seasons. 
Part B specifies minimum size limits. Part C specifies special 
requirements, definitions, restrictions, and exceptions. All measures 
are subject to inseason management.

A. Season Description

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

    June 22 through earlier of September 15, or 8,300 marked coho 
salmon subarea quota, with a subarea guideline of 9,430 Chinook salmon.
    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.
    Beginning August 1, Chinook salmon non-retention east of the 
Bonilla-Tatoosh line during Federal ocean fishery

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

    June 22 through earlier of September 15, or 2,070 marked coho 
salmon subarea quota, with a subarea guideline of 1,630 Chinook salmon.
    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.

--Queets River to Leadbetter Point (Westport Subarea)

    June 30-July 11 open 5 days per week (Sunday-Thursday);
    July 14 through earlier of September 15, or 29,530 marked coho 
salmon subarea quota, with a subarea guideline of 17,430 Chinook salmon 
open 7 days per week.
    All salmon, two salmon per day, no more than one of which may be a 
Chinook salmon. All coho salmon must be marked with a healed adipose 
fin clip.
    Prior to September 16, possession of salmon on board a vessel is 
prohibited on days when the subarea is closed to salmon retention.
    Grays Harbor Control Zone closed beginning August 12.

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

    June 22 through earlier of September 30, or 39,900 marked coho 
salmon subarea quota, with a subarea guideline of 12,510 Chinook 
salmon.
    Open 7 days per week. All salmon, two salmon per day, no more than 
one of which may be a Chinook salmon. All coho salmon must be marked 
with a healed adipose fin clip.
    Columbia Control Zone closed.
South of Cape Falcon
--Cape Falcon to Humbug Mountain

    March 15, 2024-October 31.
    Open 7 days per week. All salmon except coho salmon, except as 
provided below during the all-salmon mark-selective coho salmon fishery 
and the non-mark-selective coho salmon fishery, two fish per day.
    Beginning October 1, the fishery is only open shoreward of the 40-
fathom (73-meters) management line.
    In 2025, the season will open March 15 for all salmon except coho 
salmon, two salmon per day (see C.1). Same gear restrictions as in 
2024.
    Mark-selective coho salmon fishery:
--Cape Falcon to Oregon/California Border

    Cape Falcon to Humbug Mountain: June 15 through the earlier of 
August 18, or the Cape Falcon to Oregon/California border quota of 
45,000 marked coho salmon.
    Humbug Mountain to Oregon/California border: June 15 through the 
earlier of August 4, or the Cape Falcon to Oregon/California border 
quota of 45,000 marked coho salmon.
    Open 7 days per week. All salmon, two salmon per day. All retained 
coho salmon must be marked with a healed adipose fin clip.
    Any remainder of the mark-selective coho salmon quota may be 
transferred inseason on an impact neutral basis to the September non-
mark-selective coho salmon fishery from Cape Falcon to Humbug Mountain.
    Non-mark-selective coho salmon fishery:
--Cape Falcon to Humbug Mountain

    September 1 through the earlier of September 30, or 25,000 coho 
salmon quota.
    Open 7 days per week. All salmon, two salmon per day.
--Humbug Mountain to Oregon/California border (Oregon KMZ)

    May 16-August 31.
    Open 7 days per week. All salmon except coho salmon, except as 
provided above during the mark-selective coho salmon fishery from Cape 
Falcon to the Oregon/California border (June 15-August 4), two salmon 
per day.
    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 2024.
    In 2025, the season opens April 5 for all salmon except coho 
salmon, two salmon per day. Gear restrictions same as in 2022 (see C.2, 
C.3). Inseason action to close fisheries, modify season dates, or 
modify the bag limit may be considered when sport harvest is 
approaching a harvest guideline.

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

    Closed in 2024.
    In 2025, the season opens April 5 for all salmon except coho 
salmon, two salmon per day. Gear restrictions same as in 2022. Inseason 
action to close fisheries, modify season dates, or modify the bag limit 
may be considered when sport harvest is approaching a harvest 
guideline.

--Point Arena to Pigeon Point (San Francisco)
    Closed in 2024.
    In 2025, the season opens April 5 for all salmon except coho 
salmon, two salmon per day. Gear restrictions same as in 2022.

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

    Closed in 2024.
    In 2025, the season opens April 5 for all salmon except coho 
salmon, two salmon per day. Gear restrictions same as in 2022. Inseason 
action to close fisheries, modify season dates, or modify the bag limit 
may be considered when total sport harvest is approaching a harvest 
guideline.
    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).

[[Page 44563]]

B. Minimum Size (Total Length in Inches)

                Table 2--Minimum Size Limits for Salmon in the 2024 Recreational Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                        Area (when open)                          Chinook salmon    Coho salmon     Pink salmon
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon (Neah Bay and La Push).....................            24.0            16.0           None.
North of Cape Falcon (Westport and Columbia River)..............            22.0            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 salmon 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., 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 nmi (11 
km) north of the Klamath River mouth); on the west by 124[deg]23'00'' W 
long. (approximately 12 nmi (22 km) offshore); and, on the south by 
41[deg]26'48'' N lat. (approximately 6 nmi (11 km) south of the Klamath 
River mouth).
    f. Waypoints for the 40-fathom (73-meters) regulatory line from 
Cape Falcon to Humbug Mountain (50 CFR 660.71(o)(12) through (62)), 
when in place.

[[Page 44564]]

C.5. Inseason Management
    Regulatory modifications may become necessary inseason to meet 
preseason management objectives such as quotas, harvest guidelines, and 
season duration. Actions could include modifications to bag limits, or 
days open to fishing, and extensions or reductions in areas open to 
fishing. Any changes will be communicated via telephone hotline numbers 
206-526-6667 and 800-662-9825, and by USCG Notice to Mariners 
broadcasts on Channel 16 VHF-FM and 2182 kHz.
    a. 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.
    b. 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.
    c. 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.
    d. Marked coho salmon remaining from the Cape Falcon to Oregon/
California border. A recreational mark-selective coho salmon quota may 
be transferred inseason to the Cape Falcon to Humbug Mountain non-mark-
selective recreational fishery if the transfer would not result in 
exceeding preseason impact expectations on any stocks.
    f. 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, 
because 2024 fisheries are constrained to meet ESA-conservation 
objectives as described in the preamble to the rule, any rollovers 
resulting in a deviation from the south of Cape Falcon coho salmon 
allocation schedule would fall underneath this exemption.
C.6. Additional Seasons in State Territorial Waters
    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

    Parts A, B, and C of this section contain requirements that must be 
followed for lawful participation in the 2024 Treaty Indian salmon 
fishery.
    In 2025, the season will open May 1, consistent with all preseason 
regulations in place for Treaty Indian troll fisheries during May 16-
June 30, 2024. All catch in May 2025 applies against the 2025 Treaty 
Indian Troll fisheries quota.

A. Season Descriptions

    May 1 through the earlier of June 30 or 21,250 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 size limit and other restrictions.
    July 1 through the earlier of September 15, or 21,500 Chinook 
salmon quota or 42,500 coho salmon quota.
    All salmon. See size limit and other restrictions.

B. Minimum Size (Inches)

            Table 3--Minimum Size Limits for Salmon in the 2024 Treaty Indian Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
                                       Chinook salmon                  Coho salmon
       Area (when open)       --------------------------------------------------------------         Pink
                                 Total length     Head-off      Total length     Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon.........            24.0          18.0             16.0          12.0   None.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0 in = 40.6 cm, 12.0 in = 30.5 cm.

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 nmi (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 nmi (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--A polygon commencing at the Pacific coast shoreline near the 
mouth of the Quillayute River, located at lat. 47[deg]54'30'' N, long. 
124[deg]38'31'' W; then proceeding west approximately 40 nmi (74.08 km) 
at that lat. to a northwestern point located at lat. 47[deg]54'30'' N, 
long. 125[deg]38'18'' W; then proceeding in a southeasterly direction 
mirroring the coastline at a distance no farther than 40 nmi (74.08 km) 
from the mainland Pacific coast shoreline, to a point located at lat. 
47[deg]31'42'' N, long. 125[deg]20'26'' W, then proceeding east along 
that line of lat. approximately 10 nmi (18.52 km) to a point located at 
latitude 47[deg]31'42'' N, long. 125[deg]5'48'' W, then proceeding in a 
southeasterly direction mirroring the coastline at a distance no 
farther than 30 nmi (55.56 km) from the mainland Pacific coast 
shoreline to a point located at lat. 47[deg]21'00'' N, long. 
125[deg]2'52'' W; then

[[Page 44565]]

proceeding east along that line of lat. to the Pacific coast shoreline 
near the mouth of the Quinault River, located at lat. 47[deg]21'00'' N, 
long. 124[deg]18'8'' W.
    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 nmi (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 the 
earlier of 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. The treaty troll tribes may conduct an experimental fishery 
through the month of September for gathering GSI data to inform 
potential impacts in future years of the treaty Indian ocean troll 
fishery. Potential impacts from this non-retention experimental fishery 
are accounted for in the modeling associated with the treaty Indian 
ocean troll fishery.
C.4. Area Closures
    a. The area within a 6 nmi (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 nmi (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 
applies:
    a. Chinook salmon remaining from the May through June treaty-Indian 
ocean troll harvest guideline north of Cape Falcon may be transferred 
to the July through September harvest guideline on a fishery impact 
equivalent basis.
Section 4. Halibut Retention
    Vessels participating in the salmon troll fishery in Area 2A that 
have obtained the appropriate permit may retain halibut caught 
incidentally during authorized periods in conformance with provisions 
published with the Pacific Halibut Fisheries Catch Sharing Plan 2024 
annual management measures (89 FR 19275, March 18, 2024). 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.
    Permit applications for incidental harvest must be obtained from 
the WCR Permits Office (phone: 562-980-4238 or [email protected]). 
No 2024 permits are available; applicants must apply prior to March 1 
for 2025 permits. If the sub-quota for this fishery has not been 
harvested during the April-June portion of the salmon troll fishery, 
then incidental halibut harvest will be allowed in July and continue 
until the amount of halibut that was initially available as the quota 
for the troll fishery is taken or until the end of the season date for 
commercial halibut is determined by NMFS and implemented in the Federal 
Register (typically early October). If the landings are projected to 
exceed the 44,001 pounds (19,959 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 International Pacific Halibut 
Commission (IPHC) management area, are listed under C.7 of section 1 
(Commercial, Non-Indian, Troll Fishery Management Measures).

Section 5. Geographical Landmarks

    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.
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 WCR, 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. These

[[Page 44566]]

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. 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 planning and public review process associated with developing 
the regulations is initiated in February as soon as the forecast 
information becomes available. The process requires coordination of 
management actions of four States, numerous Indian tribes, and the 
Federal Government, as well as consideration of information from the 
Pacific Salmon Commission that is not available until April 1 of each 
year. All of these entities have management authority over the stocks. 
This complex process includes the affected user groups as well as the 
general public. Providing the opportunity for prior notice and public 
comments on the 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 the 
implementation of annual fishing regulations, which are based on the 
current stock abundance projections, for an additional 30-60 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 2024 fishing regulations, the current stock 
abundance was not available until February. In addition, information 
related to northern fisheries and stock status in Alaska and Canada, 
which is important to assess the amount of salmon available to U.S. 
ocean fisheries, is not available until April 1. 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 (with some inseason 
modifications), 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 2024 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. As described above, oral and written public comment was received 
and considered throughout the process of developing these management 
measures. Based upon the above-described public comment already 
received and need to have these measures effective on May 16, NMFS has 
concluded it would be impracticable and contrary to the public interest 
to provide an opportunity for prior notice and public comment under 5 
U.S.C. 553(b)(B).
    The Assistant Administrator for Fisheries also finds that good 
cause exists under 5 U.S.C. 553(d)(3), to waive the 30-day delay in 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 
WCR website (https://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 November 
30, 2026. 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.

[[Page 44567]]

    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 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-11046 Filed 5-16-24; 4:15 pm]
BILLING CODE 3510-22-P