[Federal Register Volume 59, Number 85 (Wednesday, May 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10722]
[[Page Unknown]]
[Federal Register: May 4, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 661
[Docket No. 940422-4122; I.D. 042294B]
RIN 0648-AF61
Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Annual management measures for the Ocean Salmon Fishery and
Technical Amendment.
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SUMMARY: NMFS establishes fishery management measures for the ocean
salmon fisheries off Washington, Oregon, and California for 1994.
Specific fishery management measures vary by fishery and area. The
measures establish fishing areas, seasons, quotas, legal gear,
recreational fishing days and catch limits, possession and landing
restrictions, and minimum lengths for salmon taken in the exclusive
economic zone (3-200 nautical miles) off Washington, Oregon, and
California. These management measures are intended to prevent
overfishing and to apportion the ocean harvest equitably among non-
treaty commercial and recreational and treaty Indian fisheries. The
regulations also are calculated to allow a portion of the salmon runs
to escape the ocean fisheries to provide for spawning escapement and
inside fisheries. This action also announces a technical amendment
codifying the spawning escapement goal for Klamath Fall chinook. NMFS
also announces 1995 recreational salmon seasons opening earlier than
May 1, 1995.
DATES: Effective from 0001 hours Pacific daylight time (P.d.t.), May 1,
1994, until modified, superseded, or rescinded. Comments must be
received by May 16, 1994.
ADDRESSES: Comments on the management measures may be sent to J. Gary
Smith, Acting Director, Northwest Region, NMFS, 7600 Sand Point Way
NE., BIN C15700, Seattle, WA 98115-0070; or Gary C. Matlock, Acting
Director, Southwest Region, National Marine Fisheries Service, 501 West
Ocean Boulevard, suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140,
or Rodney R. McInnis at 310-980-4030.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries off Washington, Oregon, and California
are managed under a ``framework'' fishery management plan (FMP). The
framework FMP was approved in 1984 and has been amended five times
since then (52 FR 4146, February 10, 1987; 53 FR 30285, August 11,
1988; 54 FR 19185, May 4, 1989; 56 FR 26774, June 11, 1991; [Amendment
11 approved 4/6/94 final rule is being published within days of these
annual management measures]). Regulations at 50 CFR part 661 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.
These management measures for the 1994 ocean salmon fisheries were
recommended by the Pacific Fishery Management Council (Council) at its
April 5-8, 1994, meeting.
Schedule Used To Establish 1994 Management Measures
In accordance with the FMP, the Council's Salmon Technical Team
(STT) and staff economist prepared several reports for the Council, its
advisors, and the public. The first report, ``Review of 1993 Ocean
Salmon Fisheries,'' summarizes the 1993 ocean salmon fisheries and
assesses how well the Council's management objectives were met in 1993.
The second report, ``Preseason Report I Stock Abundance Analysis for
1994 Ocean Salmon Fisheries,'' provides the 1994 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 1993 regulations or regulatory procedures were
applied to the 1994 stock abundance.
The Council met on March 8-11, 1994, in Portland, OR, to develop
proposed management options for 1994. Three commercial and three
recreational fishery management options were proposed for analysis and
public comment. These options presented various combinations of
management measures designed to protect numerous weak stocks of coho
and chinook salmon and provide for ocean harvests of more abundant
stocks of chinook salmon (primarily Sacramento Fall chinook). All
options provided for no directed harvest of coho salmon coastwide and
no non-treaty commercial or recreational fishing north of Cape Falcon,
OR. After the March Council meeting, the STT and staff economist
prepared a third report, ``Preseason Report II Analysis of Proposed
Regulatory Options for 1994 Ocean Salmon Fisheries,'' which analyzes
the effects of the proposed 1994 management options. This report also
was distributed to the Council, its advisors, and the public.
Public hearings on the proposed options were held March 28-30,
1994, in Westport, WA; Warrenton and Coos Bay, OR; and Arcata, CA.
The Council met on April 5-8, 1994, in Burlingame, California, to
adopt its final 1994 recommendations. Following the April Council
meeting, the STT and staff economist prepared a fourth report,
``Preseason Report III Analysis of Council-Adopted Management Measures
for 1994 Ocean Salmon Fisheries,'' which analyzes the environmental and
socio-economic effects of the Council's final recommendations. This
report also was distributed to the Council, its advisors, and the
public.
Resource Status
Many salmon runs returning to Washington, Oregon, and California
streams in 1994 are expected to be at record low levels.
Primary resource concerns are for Klamath River fall chinook;
Columbia River hatchery chinook; Oregon Production Index area coho
stocks destined for the Columbia River and the California and Oregon
coasts, particularly Oregon coastal natural coho; and Washington
coastal and Puget Sound natural coho. Management of all of these stocks
is affected by interjurisdictional agreements among tribal, State,
Federal, and/or Canadian managers.
Chinook Salmon Stocks
California Central Valley stocks are relatively abundant compared
to the other chinook stocks of the Pacific coast. The Central Valley
Index of abundance of combined Central Valley chinook stocks is
estimated to be 503,000 fish for 1994, slightly above the post-season
estimate of the index for 1993 and 18 percent below the average of the
index from 1970-1993. The escapement goal range of 122,000 to 180,000
Sacramento River adult fall chinook was not met in 1990, 1991, or 1992,
and was near the low end of the goal range in 1993. Preseason modeling
predicted that regulations comparable to those of 1993 would result in
an escapement of Sacramento River fall chinook within the escapement
goal range in 1994.
Winter-run chinook from the Sacramento River are listed under the
Endangered Species Act (ESA) as an endangered species (59 FR 440,
January 4, 1994) and are a consideration in establishing ocean fishing
regulations. The 1993 spawning run size estimate totaled 341 adults, a
substantial decline from the 1992 run-size estimate of 1,180 adults.
The abundance of the winter run in the ocean at the beginning of the
fishing season is not forecast.
Klamath River fall chinook ocean abundance is expected to be
137,600 age-3 and age-4 fish at the beginning of the fishing season.
This forecast is 16 percent below last year's actual abundance, and 58
percent below the average of estimates for 1985-1993. The spawning
escapement goal for Klamath River fall chinook is 33-34 percent of the
potential adults with a minimum of 35,000 natural spawners (wild run
salmon or fish that spawn independent of hatcheries). Although ocean
escapement to the Klamath River (in-river run size) in 1993 was the
largest recorded since 1989, the natural spawning escapement of 20,900
adults fell short of the goal of 38,000, set in 1993 by emergency
action by the Secretary of Commerce (Secretary), and was below the
FMP's minimum natural spawner requirement of 35,000 for a fourth
consecutive year. Preseason modeling predicted that harvest regulations
similar to those adopted in 1993 would result in an ocean escapement
that would not be sufficient to achieve the minimum spawning escapement
floor and to provide for in-river sport and Indian tribal fisheries in
1994.
In recent years of low abundance, the procedures used to model the
Klamath fall chinook population have consistently overestimated stock
abundance and underestimated the hatchery component of the spawning
run. In 1994, the Council implemented changes in the predictor used to
forecast age-3 ocean abundance and developed a new predictor of the
relative sizes of the natural and hatchery spawning escapements. As a
result, the 1994 forecast of the adult ocean population is 11 percent
smaller, and the spawning escapement (hatchery and natural) required to
achieve the natural spawner floor is 36 percent greater than would have
been predicted using the previous methodology. The new predictor is
considered to reflect more accurately the actual ocean abundance and
proportion of natural and hatchery stocks.
In 1989, as authorized at 50 CFR part 661, Appendix IV.B., the
Council recommended, and the Secretary approved, a change in the
Klamath River fall chinook spawning escapement rate goal from 35
percent to between 33 and 34 percent (54 FR 19800, May 8, 1989). That
change was not codified at the time. The change in the spawning
escapement rate goal is herein codified in 50 CFR part 661 Appendix
IV.A as a technical amendment.
Oregon coastal chinook stocks include south-migrating and localized
stocks primarily from southern Oregon streams, and north-migrating
chinook stocks that generally originate in central and northern Oregon
streams. Abundance of south-migrating and localized stocks is expected
to be low, similar to the levels observed in 1993. These stocks are
important contributors to ocean fisheries off Oregon and northern
California. The generalized expectation for north-migrating stocks is
for a continuation of average to above-average abundance as observed in
recent years. These stocks contribute primarily to ocean fisheries off
British Columbia and Alaska. It is expected that the aggregate Oregon
coastal chinook spawning escapement goal of 150,000 to 200,000
naturally spawning adults will be met in 1994.
Estimates of Columbia River chinook abundance vary by stock as
follows:
1. Upper Columbia River spring and summer chinook. Numbers of
upriver spring chinook predicted to return to the river (49,000) in
1994 are 56 percent below the 1993 run size of 111,500 fish, and 13
percent below the 1979-1984 average of 56,600 fish. The 1994 depressed
stock status reflects a substantial decline from recent improvements
(1985-1990 and 1992-1993) in the status of this stock. The 1985-1990
and 1992-1993 increases from the poor returns in the early 1980s are
primarily the result of increases of hatchery stocks. The natural stock
component remains depressed. Ocean escapement is expected to be
significantly below the goal of 115,000 adults counted at Bonneville
Dam. Upriver spring chinook are affected only slightly by ocean
harvests in Council area fisheries, with the contribution of these
stocks being generally 1 percent or less of the total chinook catch
north of Cape Falcon, OR. Expected ocean escapement of adult upriver
summer chinook is 15,700 fish. The 1994 stock status remains extremely
depressed, with ocean escapement being about 20 percent of the lower
end of the spawning escapement goal range of 80,000 to 90,000 adults
counted at Bonneville Dam. Upriver summer chinook migrate to the far
north and are not a major contributor to ocean fisheries off Washington
and Oregon.
2. Willamette River Spring Chinook. Willamette River spring chinook
returns are projected to be 72,000 fish, 15 percent above the 1993 run
of 62,600 fish, and 11 percent greater than the 1980-1984 average
return of 65,000 fish. Willamette River spring chinook stocks are
important contributors to Council area fishery catches north of Cape
Falcon.
3. Columbia River Fall Chinook. Four distinct fall chinook stock
units initially were identified, and recently a fifth stock unit has
been added, as follows:
(a) Upriver bright fall chinook ocean escapement is expected to be
85,400 adults, 17 percent below the 1993 return of 102,900 adults, and
7 percent above the 1981-1985 period of poor returns that averaged
79,500 adults. The escapement goal for upriver bright fall chinook is
40,000 adults above McNary Dam. This stock has a northern ocean
migratory pattern and constitutes less than 10 percent of Council-area
fisheries north of Cape Falcon.
(b) Lower river natural fall chinook ocean escapement is forecast
at about 14,700 adults, 10 percent above the 1993 run size of 13,400.
(c) Lower river hatchery fall chinook ocean escapement is forecast
at 36,100 adults, a 31 percent reduction from the record low return
observed in 1993 of 52,200 adults. This stock has been declining
sharply since the record high return in 1987. Lower Columbia River fall
chinook stocks normally account for more than half the total catch in
Council-area fisheries north of Cape Falcon, with lower river hatchery
fall chinook being the single largest contributing stock.
(d) Spring Creek hatchery fall chinook ocean escapement is
projected to be about 20,200 adults, 20 percent above the 1993 return
of 16,800 adults; the 1986-1990 average ocean escapement was 16,700
adults. The Spring Creek hatchery fall chinook stock has been
rebuilding slowly since the record low return in 1987, with a downturn
in 1992 and 1993.
(e) Mid-Columbia bright fall chinook ocean escapement is projected
to be about 23,900 adults, 13 percent below the 1993 return of 27,400
adults. These fall chinook are returns primarily from hatchery releases
of bright fall chinook stock in the area below McNary Dam, although
some natural spawning in tributaries between Bonneville and McNary dams
is also occurring.
4. Snake River Wild Fall Chinook. Also of concern are Snake River
wild fall chinook, listed as a threatened species under the ESA.
Information on the stock's ocean distribution and fishery impacts are
not available. Attempts to evaluate fishery impacts on Snake River wild
fall chinook have used the Lyons Ferry Hatchery stock to represent
Snake River wild fall chinook. The Lyons Ferry stock is widely
distributed and harvested by ocean fisheries from southern California
to Alaska.
5. Washington Coastal and Puget Sound Chinook. Washington coastal
and Puget Sound chinook generally migrate to the far north and are
affected insignificantly by ocean harvests from Cape Falcon to the
U.S.-Canada border.
Coho Salmon Stocks
The Oregon Production Index (OPI) is an annual index of coho
abundance from Leadbetter Point, WA, south through California. It is
the primary index of coho abundance for the Pacific ocean fishery.
Oregon coastal and Columbia River coho stocks are the primary
components of the OPI. Beginning in 1988, the Council adopted revised
estimation procedures that were expected more accurately to predict
abundance of the following individual OPI area stock components: public
hatchery, private hatchery, Oregon coastal natural (OCN) for rivers and
lakes, and the Salmon Trout Enhancement Program. Prediction
methodologies are described in the Council's ``Preseason Report I Stock
Abundance Analysis for 1988 Ocean Salmon Fisheries.'' In response to
the extremely low abundances expected in 1994, some changes to the
abundance predictors were implemented as described in the Council's
``Preseason Report I Stock Abundance Analysis for 1994 Ocean Salmon
Fisheries.'' In particular, the current predictor for the OCN river
component does not adequately incorporate environmental variability, so
an environment-based model is being used to predict abundance in 1994.
This model incorporates annual measurements of upwelling and sea
surface temperatures and contains no provision for the influence of
spawner escapement. Further analysis of this model will occur before
the 1995 season. The 1994 OPI is forecast to be a record low 239,700
coho, 69 percent below the 1993 preseason forecast of 767,000 coho, and
49 percent below the 1993 observed level of 470,900 fish. The 1994
estimate includes a record low of 140,900 OCN coho, 44 percent below
the 1993 observed level of 250,800 fish and 27 percent below the
previous record low of 192,500 fish observed in 1987. The 1993 spawning
escapement of the OCN stock was 170,200 fish.
All Washington coastal and Puget Sound natural coho stocks are
expected to be less abundant than forecast in 1993. Abundances for
Washington coastal stocks of Hoh, Queets, and Grays Harbor natural coho
are projected to be 40 percent, 47 percent, and about 60 percent below
the 1993 preseason predictions, respectively. Abundances for Puget
Sound stocks of Skagit, Stillaguamish, and Hood Canal natural coho are
projected to be 45 percent, 65 percent, and 72 percent below the 1993
preseason predictions, respectively. Even in the absence of ocean and
inside (Strait of Juan de Fuca and Puget Sound) fisheries, natural coho
run sizes are forecast to be well below spawning escapement goals.
These low expected abundances are thought to be the result of low
freshwater flows in 1992, poor marine survival associated with
anomalous ocean conditions, and long-term habitat degradation.
Abundance forecasts for Washington coastal and Puget Sound hatchery
production are also well below 1993 expectations.
Pink Salmon Stocks
Major pink salmon runs return to the Fraser River and Puget Sound
only in odd-numbered years. Consequently, pink salmon runs are not of
management concern in 1994.
Management Measures for 1994
The Council adopted allowable ocean harvest levels and management
measures for 1994 that are consistent with the FMP and are designed to
apportion the burden of protecting the weak stocks discussed above
equitably among ocean fisheries and to allow maximum harvest of natural
and hatchery runs surplus to inside fishery and spawning needs. The
management measures below reflect the Council's recommendations.
South of Cape Falcon
In the area south of Cape Falcon, the management measures in this
rule are based primarily on concerns for Klamath River fall chinook,
Sacramento River winter chinook, and OCN coho. The greatest constraint
on the ocean management measures was the record low abundance of OCN
coho as described above.
The Council recommended measures that result in the harvest of
Klamath River fall chinook being shifted predominantly southward off
California, to maximize access to abundant Central Valley chinook
stocks. Management constraints on Klamath River fall chinook resulted
in restrictive fishing seasons in the area between Humbug Mountain, OR,
and Horse Mountain, CA, termed the Klamath Management Zone (KMZ), as
well as in the areas both north and south of the KMZ.
The Secretary issued a final rule (58 FR 68063, December 23, 1993)
recognizing the Federally-reserved fishing rights of the Yurok and
Hoopa Valley Tribes, as acknowledged and quantified in an opinion
issued by the Solicitor, Department of the Interior, as other
applicable law for the purposes of the Magnuson Fishery Conservation
and Management Act (Magnuson Act). The 1994 management measures provide
for an ocean exploitation rate on age-4 Klamath fall chinook of 9
percent. This restriction of ocean harvest is required to provide equal
sharing of the harvest of Klamath River fall chinook between the Tribes
and non-Indian fishermen, as set out in the Solicitor's opinion, as
well as to meet the spawning escapement goal floor of 35,000 natural
adult spawners.
Winter-run chinook from the Sacramento River are listed under the
ESA as an endangered species. In 1991, NMFS concluded a formal
consultation with the Council regarding the impacts of the ocean salmon
fishing regulations on the winter run. The biological opinion issued
from that consultation determined that the 1990 level of impacts from
the ocean fisheries would not jeopardize the continued existence of the
winter run. NMFS also recommended shortening the recreational fishing
season off central California and closure of an area at the mouth of
San Francisco Bay during the time when the winter run fish are entering
the Bay. These recommended conservation measures were implemented in
1991 and remain a part of the salmon management measures for 1994. The
overall impact of the 1994 salmon management program on the winter run
is expected to be significantly less than in 1990, the base year for
the biological opinion. This expectation is based on the harvest rate
model for the Central Valley Index stocks of fall chinook, which
predicts a harvest rate of 53 percent in 1994, as compared to 79
percent in 1990. These rates are only indicators of the relative impact
on the winter run, because these fish are less vulnerable to the ocean
fisheries than fall-run chinook, due to the timing of the seasons, as
well as growth and migration patterns.
Under recently approved Amendment 11 to the FMP, the spawning
escapement goal for OCN coho is 42 spawners per mile in the Oregon
Department of Fish and Wildlife's ``standard'' coastal index survey
areas. This translates to a maximum sustainable yield (MSY) goal of
200,000 spawners. At lower abundance levels, only incidental impacts,
rather than directed OCN coho fisheries, are allowed. When the
predicted spawner escapement is less than or equal to 28 spawners per
mile (which translates to 135,000 spawners), the FMP allows an
incidental exploitation rate of up to 20 percent, but only if it is the
minimum incidental harvest necessary to prosecute other fisheries, and
will not cause irreparable harm to the OCN stock (135,000 spawners was
the spawning escapement floor under the FMP prior to approval of
Amendment 11; 200,000 spawners is the spawning escapement floor
established by Amendment 11).
The 1994 abundance estimate for OCN coho is for a record low of
140,900 fish. At this abundance level, the FMP only allows a minimum
incidental harvest that will not cause irreparable harm to the stock.
The 1994 management measures result in a total OCN coho exploitation
rate of only 11 percent, of which about 6.4 percent are impacts
associated with prosecution of Council area fisheries and about 4.6
percent are impacts associated with non-Council-managed directed
fisheries (Canadian, Alaskan, and inside fisheries). Based on these
measures, OCN coho spawning escapement is estimated to be 125,500
adults.
The Director, Northwest Region, NMFS, has determined that the
recommended harvest rate will not cause irreparable harm to the OCN
coho salmon stock for several reasons. First, the 1993 spawning
escapement goal was achieved, although the geographic distribution of
spawners was not optimal. As a result of achieving the spawning
escapement goal in 1993, the resulting production of many individual
stocks in 1996 should return to normal levels, if ocean survival
conditions also return to normal. Second, under the 1994 fishing regime
(no coho retention), spawning escapement is projected to be 125,500
fish. This level of escapement, although not optimal because it is less
than the 200,000 MSY escapement goal, is not at such a low level that
OCN coho stocks cannot recover when ocean survival conditions improve.
Of greatest concern are specific individual stocks within the OCN
complex, such as Tillamook Bay stocks, that have exhibited extremely
poor spawning escapements in recent years. However, the predominantly
southern distribution of the chinook harvest, the prohibition of coho
retention in all chinook-only fisheries, and the extreme measures being
imposed by the states in internal waters to protect coho salmon that
return to individual watersheds, makes it unlikely that the ocean
salmon fishing regime in 1994 will cause irreparable harm to any OCN
coho salmon stock.
NMFS has also considered whether the 11 percent incidental harvest
rate is the minimum necessary to prosecute other fisheries. Because the
bycatch in non-salmon fisheries, such as the Pacific Coast groundfish
fishery, is almost exclusively chinook salmon, the bycatch of coho
salmon in non-salmon fisheries is not a large concern. The Council
determined that harvestable numbers of Central Valley and Klamath River
fall chinook stocks warranted a chinook fishery on these stocks. In
order to minimize the impacts on OCN coho salmon during these chinook
fisheries, the Council recommended, and NMFS provides in this action
that no coho retention be allowed. Thus the only mortality to coho
salmon will be the result of hooking mortality from chinook fishing. In
addition, the Council adjusted the geographic distribution of the
fisheries so that the majority of chinook fishing occurs to the south,
primarily off California, where the catch of OCN coho is the lowest.
The Council recommended this geographic shift to the South to protect
coho. However, this shift occurs at the expense of Oregon fishermen,
who now will not have the opportunity to harvest as large a proportion
of Klamath River fall chinook stocks as they might have absent coho
conservation concerns. Finally, the States of Oregon and Washington
have closed the Columbia River Buoy 10 fishery for coho salmon, and
Oregon has taken additional restrictive actions in estuarine and
freshwater fisheries to minimize the impacts of fishing on OCN coho.
Based on these actions, NMFS believes that the 11 percent ocean and
freshwater harvest rate is the minimum harvest rate necessary to
prosecute other fisheries.
Commercial Troll Fisheries
Retention of coho salmon is prohibited in all areas due to the
projected record low coho abundance. All seasons listed below apply
only to salmon species other than coho. Chinook quotas are being
implemented in the area between Florence South Jetty and House Rock,
OR, to ensure that the ocean impacts on Klamath River fall chinook do
not exceed those that have been modeled. Specifically, commercial troll
fisheries will be limited to quotas of 12,000 chinook during May and
June in the area between Florence South Jetty and Humbug Mountain,
1,500 chinook during May in the area between Sisters Rocks and House
Rock, 800 chinook during August in the area between Sisters Rocks and
Mack Arch, and 10,000 chinook during September and October in the area
between Cape Arago and Humbug Mountain. Troll fisheries in other areas
south of Cape Falcon are not limited by any chinook quotas, because of
the minor contribution of Klamath stocks to the fisheries.
From Point San Pedro, CA, to the U.S.-Mexico border, the commercial
fishery for all salmon except coho will be open May 1 through June 11,
then reopen July 1 through September 30.
From Point Reyes to Point San Pedro, CA, the commercial fishery for
all salmon except coho will be open June 15 through September 30.
From Point Arena to Point Reyes, CA, the commercial fishery for all
salmon except coho will be open August 1 through September 30.
From Horse Mountain to Point Arena, CA, the commercial fishery for
all salmon except coho will be open September 1 through September 30.
From Sisters Rocks to House Rock, OR, the commercial fishery for
all salmon except coho will open the following days, until May 31 or
attainment of the chinook quota, whichever occurs first: May 1-2, 5-6,
10-11, 14-15, 18-19, 22-23, 26-27, and 31. The days open may be
adjusted inseason, if necessary, to manage the fishery. Gear is
restricted to no more than four spreads per line, with the open area
restricted to 0-6 nm from shore.
From Sisters Rocks to Mack Arch, OR, the commercial fishery for all
salmon except coho will open August 8 and continue through August 31 or
attainment of the chinook quota, whichever occurs first. This is a
experimental fishery designed to determine the stock composition in the
area in August, with particular concern for southern Oregon and Klamath
chinook. It will be open to a limited number of fishers who must first
preregister by July 1 with the ODFW office in Newport for selection by
a random process.
From Florence South Jetty to Humbug Mountain, OR, the commercial
fishery for all salmon except coho will open May 1 and continue through
June 30 or attainment of the chinook quota, whichever occurs first.
Gear is restricted to no more than four spreads per line.
From Cape Falcon to Florence South Jetty, OR, the commercial
fishery for all salmon except coho will open May 1 through June 30,
with gear restricted to no more than four spreads per line.
Later in the season, the area from Cape Arago to Humbug Mountain,
OR, will open for all salmon except coho on September 1 and continue
through October 31 or attainment of the chinook quota, whichever occurs
first. Gear is restricted to no more than four spreads per line.
From Cascade Head to Cape Arago, OR, the commercial fishery for all
salmon except coho will open September 1 through October 31, with gear
restricted to no more than four spreads per line.
From Cape Falcon to Cascade Head, OR, the commercial fishery for
all salmon except coho will open October 1 through October 31, with
gear restricted to no more than four spreads per line. A subarea in
state waters at the mouth of Tillamook Bay will be closed to commercial
troll fishing.
Recreational Fisheries
Retention of coho salmon is prohibited from May 1, 1994, in all
areas, due to the projected record low coho abundance. From Point Arena
to the U.S.-Mexico border, the recreational fishery, which opened on
the nearest Saturday to March 1 for all salmon, continues for all
salmon except coho from May 1 through the nearest Sunday to November 1
with a two-fish daily bag limit.
From Horse Mountain to Point Arena, the recreational fishery, which
opened on the nearest Saturday to February 15 for all salmon, continues
for all salmon except coho from May 1 through June 30 with a two-fish
daily bag limit. This area will reopen on August 1 for all salmon
except coho and continue through the nearest Sunday to November 15 with
a two-fish daily bag limit.
From Humbug Mountain to Horse Mountain, the recreational fishery
will open May 1 for all salmon except coho and continue through June 30
or attainment of the 10,300 chinook quota, whichever occurs first, with
a two-fish daily bag limit. This area will reopen on August 27 for all
salmon except coho and continue through August 31 or attainment of the
500 chinook quota, whichever occurs first, with a two-fish daily bag
limit; the mouth of the Klamath River is closed. This area will reopen
September 1 through September 5, with no chinook quota and a two-fish
daily bag limit.
From Cape Falcon to Humbug Mountain, the recreational fishery will
open May 1 through June 5 for all salmon except coho, with a daily bag
limit of two fish, no more than two fish in 7 consecutive days, no more
than 10 fish per year, and the open area restricted to within the 27-
fathom curve (49.4 m). This fishery will reopen only between Twin Rocks
and Pyramid Rock, OR, on June 6 through June 19; this fishery is
entirely in State waters so regulations to manage the fishery will be
implemented by the State of Oregon.
North of Cape Falcon
Due to the projected record low returns for Washington coastal
coho, Puget Sound natural and hatchery coho stocks, and Oregon coastal
and Columbia River coho, unprecedented action is being taken to close
the non-treaty commercial troll and recreational ocean fisheries north
of Cape Falcon in 1994.
All Washington coastal and Puget Sound natural coho stocks are
expected to be less abundant than forecast in 1993. Numbers of coho
entering freshwater are either below spawner escapement goals (Queets,
Grays Harbor, Skagit, Stillaguamish, and Hood Canal natural coho) or at
the lower end of the spawner escapement goal range (Quillayute Falls
and Hoh natural coho). These low expected abundances are the result of
low flows in 1992, poor marine survival associated with anomalous ocean
conditions, and long-term habitat degradation. Abundance forecasts for
Washington coastal and Puget Sound hatchery production are also well
below 1993 expectations.
Even in the absence of ocean salmon fisheries north of Cape Falcon,
the Council wanted to ensure that the impacts on Snake River spring/
summer and fall chinook stocks, which are listed as threatened species
under the ESA, did not exceed recent years' levels of impacts. For
Snake River wild spring chinook, the available information indicates
that it is highly unlikely these fish are impacted in Council-area
fisheries. For Snake River wild summer chinook, these fish comprise
only a very small proportion of total chinook abundance in the Council
management area, and it is unlikely these fish are significantly
impacted in Council-area fisheries. For Snake River wild fall chinook
that are caught in Council-area fisheries, the STT estimated
significant reductions in the ocean exploitation rate under the
Council's recommended 1994 ocean measures compared to the 1986-1990
average by using the Lyons Ferry Hatchery stock to represent Snake
River wild fall chinook. These reductions in the ocean exploitation
rate total over 90 percent for north of Cape Falcon and 80 percent for
combined north and south of Cape Falcon.
Treaty Indian Fisheries
Ocean salmon management measures proposed by the treaty Indian
Tribes are part of a comprehensive package of Indian and non-Indian
salmon fisheries in the ocean and inside waters agreed to by the
various parties. Treaty troll seasons, minimum length restrictions, and
gear restrictions were developed by the Tribes and agreed to by the
Council. The treaty Indian Tribes of the Washington coast agreed to a
minimal chinook quota, with no directed coho fisheries. Recognition was
made of the special right of the treaty Indian Tribes to fish in their
usual and accustomed areas and the limitation of their location-
dependent fisheries.
In 1994, treaty Indian troll fisheries north of Cape Falcon are
governed by a quota of 16,400 chinook, with no retention of coho. The
all-except-coho seasons will open May 1 and extend through June 30, if
the chinook quota is not reached. The minimum length restrictions for
all treaty ocean fisheries, excluding ceremonial and subsistence
harvest, is 24 in. (61 cm) for chinook.
1995 Fisheries
The timing of the March and April Council meetings makes it
impracticable for the Council to recommend fishing seasons to the
Secretary that begin before May 1 of the same year. Therefore, openings
earlier than May 1 for 1995 fishing seasons are being provided for at
this time. The Council recommended, and the Secretary concurs, that the
following recreational seasons will open in 1995: (1) The area from
Point Arena to the U.S.-Mexico border will open on the nearest Saturday
to March 1 for all salmon with a two-fish daily bag limit, except for
closure of the control zone near the mouth of San Francisco Bay from
the opening of the season through March 31; and (2) the area from Horse
Mountain to Point Arena will open on the nearest Saturday to February
15 for all salmon with a two-fish daily bag limit.
The following tables and text are the management measures
recommended by the Council for 1994 and, as specified, for 1995. The
Secretary concurs with these recommendations and finds them responsive
to the goals of the FMP, the requirements of the resource, and the
socio-economic factors affecting resource users. The management
measures are consistent with requirements of the Magnuson Act and other
applicable law, including U.S. obligations to Indian Tribes with
treaty-secured fishing rights.
The following management measures are adopted for 1994 and, as
specified, for 1995 under 50 CFR part 661.
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Gear Definitions and Restrictions
In addition to gear restrictions shown in Tables 1, 2, and 3 of
this preamble, the following gear definitions and restrictions will be
in effect.
Troll Fishing Gear
Troll fishing gear for the Fishery Management Area (FMA) is defined
as one or more lines that drag hooks behind a moving fishing vessel.
In that portion of the FMA off Oregon and Washington, the line or
lines must be affixed to the vessel and must not be intentionally
disengaged from the vessel at any time during the fishing operation.
Recreational Fishing Gear
Recreational fishing gear for the FMA is defined as angling tackle
consisting of a line with not more than one artificial lure or natural
bait attached.
In that portion of the FMA off Oregon and Washington, the line must
be attached to a rod and reel held by hand or closely attended; the rod
and reel must be held by hand while playing a hooked fish. No person
may use more than one rod and line while fishing off Oregon or
Washington.
In that portion of the FMA 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). There is
no limit to the number of lines that a person may use while
recreational fishing for salmon off California.
Fishing includes any activity that can reasonably be expected to
result in the catching, taking, or harvesting of fish.
Geographic Landmarks
Wherever the words ``nautical miles from shore'' are used in this
document, the distance is measured from the baseline from which the
territorial sea is measured.
Geographical landmarks referenced in this notice are at the
following locations:
Cape Falcon
45 deg.46'00'' N. lat.
Twin Rocks
45 deg.35'48'' N. lat.
Pyramid Rock
45 deg.29'46'' N. lat.
Cascade Head
45 deg.03'50'' N. lat.
Florence South Jetty
44 deg.01'00'' N. lat.
Cape Arago
43 deg.18'20'' N. lat.
Humbug Mountain
42 deg.40'30'' N. lat.
Sisters Rocks
42 deg.35'45'' N. lat.
Mack Arch
42 deg.13'40'' N. lat.
House Rock
42 deg.06'32'' N. lat.
Horse Mountain
40 deg.05'00'' N. lat.
Point Arena
38 deg.57'30'' N. lat.
Point Reyes
37 deg.59'44'' N. lat.
Point San Pedro
37 deg.35'40'' N. lat.
Point Conception
34 deg.27'00'' N. lat.
Inseason Notice Procedures
Actual notice of inseason management actions will be provided by a
telephone hotline administered by the Northwest Region, NMFS, 206-526-
6667 or 800-662-9825, and by U.S. Coast Guard Notice to Mariners
broadcasts. These broadcasts are announced on Channel 16 VHF-FM and
2182 Khz at frequent intervals. The announcements designate the channel
or frequency over which the Notice to Mariners will be immediately
broadcast. Inseason actions will also be filed with the Office of the
Federal Register as soon as practicable. Since provisions of these
management measures may be altered by inseason actions, fishermen
should monitor either the telephone hotline or Coast Guard broadcasts
for current information for the area in which they are fishing.
Classification
This notification of annual management measures and technical
amendment are exempt from review under E.O. 12866.
Section 661.23 of title 50, Code of Federal Regulations states that
the Secretary will publish a notice establishing management measures
for ocean salmon each year and will invite public comments prior to
their effective date. If the Secretary determines, for good cause, that
a notice must be issued without affording prior opportunity for public
comment, the measures will become effective, however, comments on the
notice will be received by the Secretary for a period of 15 days after
the filing of the notice with the Federal Register.
Because many ocean salmon seasons are scheduled to start May 1, the
management measures must be in effect by this date. Each year the
schedule for establishing the annual management measures begins in
February with the compilation and analysis of biological and
socioeconomic data for the previous year's fishery and salmon stock
abundance estimates for the current year. Two meetings of the Council
follow in March and April which incorporate a public review period. In
1994, the Council recommended management measures at the conclusion of
its meeting on April 8, resulting in a short time frame for
implementation.
In addition, delay in the start of the fishing season would deny
ocean fishermen access to harvestable salmon stocks which, if taken
later in the year, would produce unacceptable impacts on other salmon
stocks, such as those listed under the ESA. Due to the migratory
patterns of the various salmon stocks, harvest regimes account for the
timing and location of harvestable stocks in concert with the stocks of
concern. Therefore, in light of the limited available time and the
adverse effect of delay, the Secretary has determined that good cause
exists to waive prior notice and comment on the management measures.
Although this document will be effective without prior opportunity
for comment, the public had opportunity to comment on these management
measures during the process of their development. The public
participated in the March and April Council, STT, and Salmon Advisory
Subpanel meetings, and in public hearings held in Washington, Oregon,
and California in late March that generated the management actions
recommended by the Council and approved by the Secretary. Written
public comments were invited by the Council between the March and April
Council meetings.
The technical amendment provisions of this regulatory action make
only minor, non-substantive changes and do not change operating
practices in the fishery. Accordingly, it is unnecessary under 5 U.S.C.
553(b)(B) to provide for prior public comment, and there is good cause
under 5 U.S.C. 553(d) not to delay the effective date of the technical
amendment for 30 days. Comments will be accepted for 15 days after the
effective date of this notice.
On March 31, 1991, NMFS issued a biological opinion that considered
the effects of the FMP on Sacramento River winter-run chinook salmon.
The opinion concluded that implementation of the plan is not likely to
jeopardize the continued existence of the species. The 1994 season
falls within the scope of the 1991 opinion, and the seasons and
management measures comply with the recommendations and incidental take
conditions contained in the biological opinion. Therefore, it was not
necessary to reinitiate consultation on Sacramento River winter-run
chinook salmon.
NMFS has issued a biological opinion that considered the effects of
the 1994 salmon management measures on wild sockeye salmon, wild
spring/summer chinook salmon, and wild fall chinook salmon from the
Snake River, which concluded the fishery in 1994 under the FMP is not
likely to jeopardize the continued existence of the listed stocks.
List of Subjects in 50 CFR Part 661
Fisheries, Fishing, Indians, Reporting and recordkeeping
requirements.
Dated: April 29, 1994.
Rolland A. Schmitten,
Assistant Administrator, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 661 is amended
as follows:
PART 661--OCEAN SALMON FISHERIES OFF THE COASTS OF WASHINGTON,
OREGON, AND CALIFORNIA
1. The authority citation for part 661 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Appendix to part 661 [Amended]
2. The appendix to part 661, section IV.A., in the table ``Summary
of Specific Management Goals for Stocks in the Salmon Management
Unit'', is amended by revising the entry for the Klamath Fall Chinook
to read as follows:
IV. Escapement Goals
A. * * *
Summary of Specific Management Goals for Stocks in the Salmon Management
Unit
------------------------------------------------------------------------
System Spawning\1\ escapement goal
------------------------------------------------------------------------
*****
Klamath Fall Between 33 and 34 percent of the potential adults from
Chinook. each brood of natural spawners, but no fewer than
35,000 naturally spawning adults in any one year.\3\
*****
------------------------------------------------------------------------
\1\Represents adult natural spawning escapement goal for viable natural
stocks or adult hatchery return goal for stocks managed for artificial
production.
*****
\3\The minimum escapement floor of 35,000 naturally spawning adults may
be modified only by amendment to the FMP.
*****
[FR Doc. 94-10722 Filed 4-29-94; 3:43 pm]
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