[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20175-20187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11136]
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DEPARTMENT OF COMMERCE
50 CFR Part 661
[Docket No. 960429120-6120-01; I.D. 042496C]
RIN 0648-AI35
Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and
California; 1996 Management Measures and Technical Amendment
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; request for comments.
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SUMMARY: NMFS establishes fishery management measures for the ocean
salmon fisheries off Washington, Oregon, and California for 1996 and
for those salmon seasons opening earlier than May 1, 1997. 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
[[Page 20176]]
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 treaty Indian and non-
treaty commercial and recreational fisheries. The measures are intended
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 to modify the spawning escapement goal
for Klamath River fall chinook salmon.
DATES: Effective from 0001 hours Pacific Daylight Time (P.d.t.), May 1,
1996, until the effective date of the 1997 management measures, as
published in the Federal Register, except the amendment to the appendix
to part 661 remains in effect indefinitely. Comments must be received
by June 5, 1996.
ADDRESSES: Comments on the management measures may be sent to William
Stelle, Jr., Director, Northwest Region, National Marine Fisheries
Service, 7600 Sand Point Way N.E., BIN C15700, Seattle, WA 98115-0070;
or Hilda Diaz-Soltero, Director, Southwest Region, National Marine
Fisheries Service, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA
90802-4213. Documents cited in this document are available on request.
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 (52
FR 4146, February 10, 1987; 53 FR 30285, August 11, 1988; 54 FR 19185,
May 4, 1989; 56 FR 26774, June 11, 1991; 59 FR 23013, May 4, 1994).
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 1996 and pre-May 1997 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 9-12, 1996 meeting.
Schedule Used to Establish 1996 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 1995 Ocean
Salmon Fisheries,'' summarizes the 1995 ocean salmon fisheries and
assesses how well the Council's management objectives were met in 1995.
The second report, ``Preseason Report I Stock Abundance Analysis for
1996 Ocean Salmon Fisheries,'' provides the 1996 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 1995 regulations or regulatory procedures were
applied to the 1996 stock abundances.
The Council met on March 12-15, 1996, in Portland, OR, to develop
proposed management options for 1996. Four commercial and four
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. All options provided for no directed harvest of chinook salmon
in non-treaty fisheries north of Cape Falcon, OR, and no directed
harvest of coho salmon south of Cape Falcon. After the March Council
meeting, the STT and staff economist prepared a third report,
``Preseason Report II Analysis of Proposed Regulatory Options for 1996
Ocean Salmon Fisheries,'' which analyzes the effects of the proposed
1996 management options. This report also was made available to the
Council, its advisors, and the public.
Public hearings on the proposed options were held April 1-2, 1996,
in Westport, WA; Astoria and North Bend, OR; and Eureka, CA.
The Council met on April 9-12, 1996, in South San Francisco, CA, to
adopt its final 1996 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 1996 Ocean Salmon Fisheries,'' which analyzes the environmental and
socio-economic effects of the Council's final recommendations. This
report also was made available to the Council, its advisors, and the
public.
Resource Status
Some salmon runs returning to Washington, Oregon, and California
streams in 1996 are expected to be larger than in 1995. Abundance of
Klamath River fall chinook is estimated to be significantly higher than
was projected in recent years, but lower than the actual abundance in
1995.
Aside from salmon species listed and proposed for listing under the
Endangered Species Act (ESA) discussed below, the primary resource
concerns are for lower Columbia River fall chinook stocks; 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. (The Oregon
Production Index (OPI) is an annual index of coho abundance from
Leadbetter Point, WA, south through California.) 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 other chinook stocks of the Pacific coast. The Central Valley Index
of abundance of combined Central Valley chinook stocks is estimated to
be 533,000 fish for 1996, 58 percent below the postseason estimate of
the index for 1995 and 27 percent below the average of the index from
1986-1995. The spawning escapement of Sacramento River adult fall
chinook was 267,800 adults in 1995, nearly twice the 1994 escapement
and well above the spawning escapement goal range of 122,000 to 180,000
adult spawners.
Winter chinook from the Sacramento River are listed under the ESA
as an endangered species (59 FR 440, January 4, 1994). The 1995
spawning run size was estimated to be approximately 1,300 adults.
Neither preseason nor postseason estimates of ocean abundance are
available for winter chinook, but the run is expected to remain
extremely depressed in 1996 with a return comparable to the primary
parent year of 1993 of about 300 adults.
Klamath River fall chinook ocean abundance is projected to be
454,700 age-3 and age-4 fish at the beginning of the fishing season.
Although the abundance forecast is 25 percent below the 1995 postseason
abundance estimate, it is 52 percent above the average postseason
estimates for 1985-95. The spawning escapement goal for the stock is
33-34 percent of the potential natural adults but no fewer than 35,000
natural spawners (fish that spawn outside of hatcheries). The natural
spawning escapement in 1995 was 150,600 adults, well above the 1994
escapement of 32,300 and the highest on record since 1978 when
basinwide escapement estimates began.
[[Page 20177]]
Oregon coastal chinook stocks include south-migrating and localized
stocks primarily from southern Oregon streams, and north-migrating
chinook stocks which generally originate in central and northern Oregon
streams. Abundance of south-migrating and localized stocks is expected
to be low and similar to the levels observed in 1995. 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 1996.
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 in 1996 are
37,200 fish, 265 percent above the 1995 record low return of 10,200
adult fish, and 34 percent below the 1979-84 average of 56,600 fish.
The 1996 stock status indicates some improvement from returns in 1994
and 1995 but suggests continuation of the depressed status of this
stock. Recent improvements in 1985-90 and 1992-93 from the poor returns
in the early 1980s are primarily the result of increases of hatchery
stocks. The natural stock component remains severely 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 16,800 fish, the third lowest on
record. The 1996 stock status remains extremely depressed, with ocean
escapement being only 21 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. Snake
River spring and summer chinook are listed as threatened under the ESA
(57 FR 14653, April 22, 1992).
2. Willamette River spring chinook. Willamette River spring chinook
returns are projected to be 38,700 fish, 5 percent below the observed
1995 run of 40,900 fish, and 40 percent below the 1980-84 average
return of 65,000 fish. Lower Columbia River spring chinook stocks are
important contributors to Council area fishery catches north of Cape
Falcon; Willamette River spring chinook stocks generally contribute to
Canadian and Alaskan ocean fisheries.
3. Columbia River fall chinook. Abundance estimates are made for
five distinct fall chinook stock units, as follows.
a. Upriver bright fall chinook ocean escapement is expected to be
88,900 adults, 21 percent below the 1995 actual return of 112,600
adults. The escapement goal for upriver bright fall chinook is 40,000
adults above McNary Dam, although in recent years the management goal
has been set higher. 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
8,800 adults, 44 percent below the 1995 run size of 15,800 adults.
c. Lower river hatchery fall chinook ocean escapement is forecast
at a new record low of 37,700 adults, slightly above the 1995 preseason
estimate of 35,800 adults but 18 percent below the 1995 observed return
of 46,100 adults. This stock has declined sharply since the record high
return in 1987 to a record low return in 1995. 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 26,700 adults, 19 percent below the 1995 return of 33,000 adults;
the 1986-90 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.
e. Mid-Columbia bright fall chinook ocean escapement is projected
to be 40,800 adults, 35 percent above the 1995 return of 30,300 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, which are listed as threatened under the ESA (57 FR
14653, April 22, 1992). Information on the stock's ocean distribution
and fishery impacts is not available. Attempts to evaluate fishery
impacts on Snake River 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.
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
Coho populations in California have not been monitored closely nor
have they been a controlling factor in establishing ocean salmon
management measures in the past. Although no forecasts of the ocean
abundance of coho originating from California are available, these runs
have been generally at low abundance levels for several years.
California and Oregon coastal coho are proposed for listing as
threatened under the ESA (60 FR 38011, July 25, 1995).
Oregon coastal and Columbia River coho stocks are the primary
components of the OPI. Beginning in 1988, the Council adopted revised
estimation procedures which were expected to more accurately predict
abundance of the following individual OPI area stock components: Public
hatchery, private hatchery, Oregon coastal natural (OCN) for rivers and
lakes, and 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 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.''
The 1996 OPI is forecast to be 372,800 coho, nearly the same as the
1995 preseason forecast of 369,800 coho, and 76 percent above the 1995
observed level of 212,300 coho. The 1996 estimate for OCN is 63,200
coho, 5 percent above the 1995 preseason forecast of 60,000 coho, and 4
percent below the 1995 observed level of 65,800 coho. The 1995 spawning
escapement of the OCN stock was 131,300 fish.
Most Washington coastal natural coho stocks and Puget Sound
combined natural coho stocks are expected to be less abundant in 1996
than forecast in 1995. Abundances for Washington coastal stocks of Hoh,
Queets, and Grays Harbor natural coho are projected to be 38 percent
below, 31 percent below, and 17 percent above the 1995 preseason
predictions, respectively. Abundances
[[Page 20178]]
for Puget Sound stocks of Skagit, Stillaguamish, Hood Canal, and Strait
of Juan de Fuca natural coho are projected to be below the 1995
preseason predictions by 31 percent, 27 percent, 31 percent, and 6
percent, respectively. Many natural coho run sizes are forecast to be
well below maximum sustainable yield (MSY) spawning escapement goals.
Abundance forecasts for coho hatchery production are well above 1995
expectations for most Washington coastal stocks and 18 percent above
the 1995 forecast for Puget Sound combined stocks.
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 1996.
Management Measures for 1996
The Council adopted allowable ocean harvest levels and management
measures for 1996 that 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. NMFS 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 Fishery Conservation and Management Act
(Magnuson Act) and other applicable law, including U.S. obligations to
Indian tribes with Federally recognized fishing rights and the ESA.
A. South of Cape Falcon
In the area south of Cape Falcon, the management measures in this
rule are based primarily on concerns for Sacramento River winter
chinook, and California and OCN coho stocks.
In a March 8, 1996, biological opinion, NMFS evaluated the
potential effects of the FMP on all salmonids that are listed under the
ESA and that occur within the management area of the FMP. NMFS
determined that the fisheries conducted under the FMP are likely to
jeopardize the continued existence of listed salmon, particularly
Sacramento River winter chinook (discussed in this section) and Snake
River fall chinook (discussed in section B, North of Cape Falcon). The
conclusion of jeopardy resulted, in part, because the FMP does not
contain specific management objectives designed to protect and recover
listed stocks.
The biological opinion identified a Reasonable and Prudent
Alternative (RPA) to the proposed action to avoid jeopardy to the
stocks. The RPA has three parts. First, the Council must adopt an
amendment to the FMP by October of 1996, and NMFS must implement the
amendment by May of 1997, to include management objectives for species
that are currently listed under the ESA, consistent with immediate
conservation needs and the long-term recovery of listed species.
Second, pending completion of the FMP amendment, NMFS must reduce all
harvest-related impacts to the Sacramento River winter chinook salmon
population by a level that would achieve a 35 percent increase in
spawner escapement from current levels. A reduction in incidental
harvest impacts of approximately 50 percent is estimated to be
necessary to achieve the needed increase in escapement. The third
action pertains to Snake River fall chinook, which is discussed in
section B, North of Cape Falcon.
In considering how best to reduce the ocean harvest of winter
chinook, the STT recommended the use of increased minimum size limits
in conjunction with restricted seasons. Because winter chinook are
significantly smaller than Central Valley fall chinook, an increase in
the minimum size is expected to result in relatively larger reductions
in harvest impacts on winter chinook compared to fall chinook. The
increases in minimum size limits (total length) off California range
from 4 to 6 inches (10.2-15.2 cm) in the recreational fishery and 1
inch (2.5 cm) in the commercial fishery.
In addition to increased minimum size limits, new gear restrictions
for recreational fisheries off California are being implemented that
are intended to reduce hook-and-release mortality for fish less than
the minimum size limit. Recreational anglers may use no more than one
rod while fishing north of Point Conception, which is the same as the
regulations off Oregon and Washington. Between Horse Mountain and Point
Conception, special restrictions on the size, number, and placement of
hooks are imposed when anglers are using the mooching instead of the
trolling technique.
The reductions in fishery impacts to Sacramento River winter
chinook, including non-landed mortality, necessary to achieve the 35
percent increase in spawning escapement required by the biological
opinion are estimated using a Winter Chinook Ocean Harvest Model. The
model was developed by the California Department of Fish and Game in
consultation with NMFS and the U.S. Fish and Wildlife Service.
The 1996 preseason abundance estimate for OCN coho is 63,200 fish,
a level that allows up to a 20 percent incidental exploitation rate
under the FMP for combined ocean and inside fisheries. A 20 percent
exploitation rate would be expected to result in a spawner escapement
of 29 adults per mile on standard index surveys. The 1996 management
measures result in a total OCN coho exploitation rate of 11-13 percent.
The projected spawner escapement for 1996 is 32 adults per mile on
standard index surveys. The Council's recommendations include time and
area closures, and gear restrictions intended to minimize incidental
fishing contact with OCN coho and subsequent hook-and-release mortality
while allowing access to harvestable stocks of chinook salmon.
Klamath River fall chinook are significantly more abundant,
allowing for more liberal seasons in the area between Humbug Mountain,
OR, and Horse Mountain, CA, termed the Klamath management zone (KMZ),
than in recent years. The Council's recommended measures provide for
equal sharing of the harvest of Klamath River fall chinook between the
Klamath River Indian Tribes and non-Indian fishermen.
The California Fish and Game Commission (Commission) regulates
sport fishing in California waters. In a March 11, 1996 letter, the
Commission notified the Council that it is considering a higher catch
level for the 1996 in-river sport fishery than has existed in recent
years and requested the Council consider an increase in the allocation
for the in-river sport fishery from the current 12 percent to 18
percent of the non-tribal allocation. The Commission will set harvest
levels for in-river sport fisheries at its June 1996 meeting. The
Klamath River Fishery Management Council considered in-river sport
allocations of 12, 15, and 18 percent and recommended to the Council
and the Commission an in-river sport allocation of 15 percent. When the
Council adopted management measures, it was not clear whether in-river
sport fishery impacts were being modeled at 15 or 18 percent of the
non-tribal allocation. Modeling by the STT subsequent to the issuance
of the Council's recommendations indicates that the Council's
recommended ocean seasons, in conjunction with an in-river sport
harvest share of 18 percent and equal sharing between tribal and non-
tribal fisheries, would not achieve the
[[Page 20179]]
spawning escapement goal for Klamath River fall chinook. An in-river
sport harvest allocation of 15 percent is predicted to achieve the
spawning escapement goal and provide equal sharing of the harvest
between tribal and non-tribal fisheries. NMFS approval of the Council's
recommendations is based on the assumption that the Commission will set
an in-river sport harvest at 15 percent of the non-tribal allocation.
Should the Commission approve an allocation higher than 15 percent,
NMFS will implement adjustments to ocean fisheries designed to achieve
the Klamath River fall chinook spawning escapement goal and provide for
equal sharing between tribal and non-tribal fisheries.
Depending on the management structure for ocean salmon fisheries
north of Cape Falcon, the Council recommended that inseason adjustments
be considered for fisheries south of Cape Falcon consistent with
management intent for stocks of concern.
Commercial Troll Fisheries
Retention of coho salmon is prohibited in all areas south of Cape
Falcon. All seasons listed below are restricted to all salmon species
except coho salmon. Minimum size limits (total length) for chinook
salmon are as follows: Off Oregon, 26 inches (66.0 cm); and off
California, 26 inches (66.0 cm) through June 30 and 27 inches (68.6 cm)
thereafter.
From Point Reyes, CA, to the U.S.-Mexican border, the commercial
fishery will open May 1 and continue through June 30, then reopen July
3 and continue through September 15. Gear is restricted to no more than
six lines per vessel. From Bodega Head to Point San Pedro, CA, the
commercial fishery will be open September 16 through September 30. Gear
is restricted to no more than six lines per vessel.
From Point Arena to Point Reyes, CA, the commercial fishery will
open June 1 and continue through June 30, then reopen August 1 and
continue through September 15. Gear is restricted to no more than six
lines per vessel.
From Horse Mountain to Point Arena, CA, the commercial fishery will
open August 1 and continue through September 30. Gear is restricted to
no more than six lines per vessel.
From the Oregon-California border to Humboldt South Jetty, CA, the
commercial fishery will open August 15 and continue through the earlier
of August 31 or attainment of the 2,500 chinook quota, then reopen
September 1 and continue through the earlier of September 15 or
attainment of the 6,000 chinook quota. Gear is restricted to no more
than six lines per vessel. Other restrictions include a landing limit
of 30 fish per day and closure of the Klamath Control Zone.
From Cape Arago, OR, to the Oregon-California border, the
commercial fishery will open May 1 and continue through the earlier of
June 30 or attainment of the 5,300 chinook quota. The fishery will
follow a cycle of 4 days open and 3 days closed. The days open may be
adjusted and landing limits may be instituted inseason if necessary to
manage the fishery. Gear is restricted to no more than four spreads per
line.
From Sisters Rocks to Mack Arch, OR, the commercial fishery will
open August 3 and continue through the earlier of August 31 or
attainment of the 3,000 chinook quota. The fishery will follow a cycle
of 2 days open and 2 days closed. The days open may be adjusted and
landing limits may be instituted inseason if necessary to manage the
fishery. Gear is restricted to no more than four spreads per line, with
the open area restricted to only 0-4 nautical miles (7.4 km) of shore.
Participants must register by August 1 with the Oregon Department of
Fish and Wildlife.
From Cape Arago to Humbug Mountain, OR, the commercial fishery will
open August 7 and continue through the earlier of August 31 or
attainment of the 8,800 chinook quota, then reopen September 1 and
continue through the earlier of October 31 or attainment of the 10,000
chinook quota. Gear is restricted to no more than four spreads per
line.
From Cape Falcon to Cape Arago, OR, the commercial fishery will
open May 1 and continue through June 30, then reopen August 7 and
continue through October 31. Gear is restricted to no more than four
spreads per line.
Recreational Fisheries
Retention of coho salmon is prohibited in all areas south of Cape
Falcon. Minimum size limits (total length) for chinook salmon are as
follows: Between Cape Falcon, OR, and Horse Mountain, CA, 20 inches
(50.8 cm); between Horse Mountain and Point Arena, CA, 24 inches (61.0
cm); between Point Arena and the U.S.-Mexican border, 24 inches (61.0
cm) through July 1 and 26 inches (66.0 cm) thereafter. Off California
north of Point Conception, persons fishing for salmon and persons
fishing from a boat with salmon on board are restricted to no more than
one rod per angler. From Horse Mountain to Point Conception, CA,
beginning July 1 the following restrictions apply when fishing with
bait and any combination of weights measuring 1 pound or less: No more
than 2 hooks may be used; when using 2 hooks, the terminal (lower) hook
must be no less than 5/0 and the upper hook no less than 4/0, the
distance between the 2 hooks must not exceed 5 inches (12.7 cm) and
both hooks must be permanently tied in place (hard tied); if using a
single hook, the hook size cannot be less than 5/0. Hook size
restrictions do not apply when artificial lures are used or when bait
is attached to an artificial lure. (An artificial lure is a man-made
lure designed to attract fish, not including scented or flavored
artificial baits.)
From Point Arena, CA, to the U.S.-Mexican border, the recreational
fishery opened on March 2 (the nearest Saturday to March 1) for all
salmon except coho (61 FR 8497, March 5, 1996). Continuation of this
fishery is provided as follows: From Point San Pedro, CA, to the U.S.-
Mexican border, the recreational fishery will continue through August
25 with a two-fish daily bag limit. From Point Arena to Point San
Pedro, CA, the recreational fishery will continue through October 14
with a two-fish daily bag limit.
From Horse Mountain to Point Arena, CA, the recreational fishery
for all salmon except coho which opened on February 17 (the nearest
Saturday to February 15) will continue through July 7 then reopen
August 1 and continue through November 17 (the nearest Sunday to
November 15) with a two-fish daily bag limit for both seasons.
From Humbug Mountain, OR, to Horse Mountain, CA, the recreational
fishery will open May 12 and continue through July 7, then reopen
August 18 and continue through September 21. Both seasons include a
one-fish daily bag limit, but no more than four fish in 7 consecutive
days, and closure of the Klamath Control Zone.
From Cape Falcon to Humbug Mountain, OR, the recreational fishery
will open May 1 through July 7, then reopen August 16 through September
30. Both seasons include a two-fish daily bag limit, but no more than
six fish in 7 consecutive days. Legal gear is limited to artificial
lures, plugs, or bait no less than 6 inches (15.2 cm) long (excluding
hooks and swivels) with no more than two single point, single shank
barbless hooks; flashers and divers are prohibited.
B. North of Cape Falcon
From the U.S.-Canadian border to Cape Falcon, ocean fisheries are
managed to protect depressed lower Columbia River fall chinook salmon,
Snake River fall chinook salmon, and Washington coastal and Puget Sound
[[Page 20180]]
natural coho salmon stocks. Ocean treaty and non-treaty harvests and
management measures were based in part on negotiations between
Washington State fishery managers, commercial and recreational fishing
groups, and the Washington coastal, Puget Sound, and Columbia River
treaty Indian tribes as authorized by the U.S. District Court in U.S.
v. Washington, U.S. v. Oregon, and Hoh Indian Tribe v. Baldrige.
The Council recommended that all non-treaty commercial and
recreational fisheries be closed north of Cape Falcon, absent an
agreement between the United States and Canada on coho salmon harvest
levels. For the purposes of modeling impacts and escapements for this
regime, the west coast of Vancouver Island (WCVI) coho harvest was
assumed to be 1.46 million coho, a harvest level which represents
recent year average harvest rates with this year's abundance estimates.
Total allowable harvest levels for treaty Indian troll fisheries would
be 11,000 chinook and 12,500 coho. The treaty Indian coho quota could
be modified under inseason management provisions, not to exceed 20,000
coho, upon agreement of relevant state and tribal fishery managers.
Because there currently is no assurance that the WCVI harvest will be
below 1.46 million coho, this regime is the one implemented in these
annual management measures.
The Council also recommended two alternate management regimes for
non-treaty and treaty Indian fisheries north of Cape Falcon based on
lower catch expectations in the Canadian troll fishery off the WCVI. If
either of these regimes is to be implemented inseason, NMFS will follow
the inseason notice procedures described below. Due to low abundance of
lower Columbia River fall chinook stocks, all three regimes prohibit
the retention of chinook in non-treaty commercial and recreational
fisheries.
1. The first contingency regime is if the Canadian harvest is
anticipated to be in the range of 1.1 million to 1.3 million coho off
WCVI, the total allowable harvest for non-treaty fisheries would be
zero chinook and 75,000 coho (18,800 coho to the commercial fishery and
56,200 coho to the recreational fishery). For the purposes of modeling
impacts and escapements for this contingency, the WCVI coho harvest was
assumed to be 1.2 million coho, the midpoint of the range. The Regional
Director would use the inseason management authority and process to
implement the season structure recommended by the Council. Total
allowable harvest levels for treaty Indian troll fisheries would be
11,000 chinook and 25,000 coho.
2. The second contingency regime is if the Canadian harvest is
anticipated to be less than 1.1 million coho off WCVI, the Director,
Northwest Region, NMFS is authorized to make inseason adjustments to
modify the ocean quotas in the first contingency upon the
recommendation of the States of Washington and Oregon and the treaty
Indian tribes.
The Council recommended additional provisions to protect stocks of
management concern should the second contingency regime cause coho
quotas to be increased above the levels in the first contingency
regime. Estimated impacts on OCN coho cannot be higher than those
modeled for the season structure to be implemented for the first
contingency, and at least 50 percent of any savings from reductions in
harvest below 1.2 million coho are to be allocated to spawning
escapement of critical coho stocks.
Since it is not known when understandings with Canada will be
reached on the level of Canadian harvest, it is possible that little
time could be available to implement either contingency. Therefore,
these two contingencies are included in this action in order to
simplify the implementation process for any inseason action and inform
the public of the range of possible seasons.
The Council analyzed the impacts of the proposed seasons and
contingencies on Snake River spring/summer and fall chinook stocks,
which are listed as threatened species under ESA. For Snake River wild
spring and summer chinook, the available information indicates that it
is highly unlikely these fish are impacted by Council area fisheries.
Pending implementation of an amendment to the FMP, NMFS and the Council
must manage the ocean salmon fisheries within the Council's
jurisdiction to ensure the impacts of the annual management measures on
Snake River fall chinook meet the requirements of the March 8, 1996
biological opinion and RPA. Impacts of Council area fisheries are
limited to no more than 50 percent of the 1988-93 average exploitation
rate, or 70 percent for all United States and Canadian ocean fisheries
combined. The STT estimated that under the Council's recommended
management measures, impacts on Snake River fall chinook would be 63
percent of the base period average for all ocean fisheries, thus
meeting the standard of no more than 70 percent.
Commercial Troll Fisheries
Non-treaty commercial troll fisheries north of Cape Falcon are
closed in 1996. Should a contingency management regime be implemented
inseason, the commercial fishery for all salmon except chinook between
the U.S.-Canadian border and Leadbetter Point, WA, will open July 26
and continue through the earlier of September 30 or attainment of the
18,800 coho quota. The fishery will follow a cycle of 3 days open and 4
days closed, with a possession and landing limit of 75 coho per
opening. The days open and the landing limit may be adjusted inseason
if necessary to manage the fishery. The minimum size limit (total
length) for coho salmon is 16.0 inches (40.6 cm). The commercial troll
ocean quota for coho may be adjusted by inseason action if the Canadian
harvest is anticipated to be less than 1.1 million coho off WCVI.
Recreational Fisheries
Recreational fisheries north of Cape Falcon are closed in 1996.
Should a contingency management regime be implemented inseason, the
recreational fisheries for all salmon except chinook will be divided
into four subareas. Opening dates, subarea quotas, bag limits, and area
restrictions are described below. The fisheries in all subareas will
close the earlier of September 26 or on attainment of the subarea coho
salmon quota. The minimum size limit (total length) for coho salmon is
16.0 inches (40.6 cm). The recreational ocean quotas (overall and
subarea) for coho may be adjusted by inseason action if the Canadian
harvest is anticipated to be less than 1.1 million coho off WCVI.
From the Queets River to Leadbetter Point, WA, and from Leadbetter
Point, WA, to Cape Falcon, OR, the fishery will open July 22 with coho
subarea quotas of 20,800 and 28,100, respectively. Both subareas will
be open Sunday through Thursday only, with a two-fish daily bag limit,
but no more than four fish in 7 consecutive days, and closed 0-3 miles
(4.8 km) of shore north of the Columbia Control Zone and in the
Columbia Control Zone.
From Cape Alava to the Queets River, WA, the fishery will open
August 5 with a 1,500 coho subarea quota. The fishery will be open 7
days per week with a two-fish daily bag limit, and closed 0-3 miles
(4.8 km) of shore.
From the U.S.-Canadian border to Cape Alava, WA, the fishery will
open August 5 with a 5,800 coho subarea quota. The fishery will be open
7 days per week with a two-fish daily bag limit,
[[Page 20181]]
and closed 0-3 miles (4.8 km) of shore south of Skagway Rock.
Treaty Indian Fisheries
Ocean salmon management measures proposed by the treaty Indian
tribes are part of a comprehensive package of treaty Indian and non-
treaty salmon fisheries in the ocean and inside waters that was 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. Treaty Indian troll fisheries north of Cape
Falcon are governed by a chinook quota of 11,000 fish and a coho quota
which is dependent on the level of Canadian coho harvest off WCVI. If
the Canadian harvest is more than 1.3 million coho off WCVI, then the
coho quota is set at 12,500 fish; upon agreement of state and tribal
managers, the Regional Director will implement an inseason adjustment
to the coho quota not to exceed 20,000 fish. At a Canadian harvest
level between 1.1 and 1.3 million coho off WCVI, the Regional Director
will adjust the coho quota to 25,000. The all-salmon-except-coho
seasons will open May 1 and extend through June 30, if the overall
harvest guideline of 7,000 chinook is not reached. The all-salmon
seasons will open August 1 and extend through the earliest of September
15 or attainment of the chinook or coho quotas. The minimum length
restrictions for all treaty ocean fisheries, excluding ceremonial and
subsistence harvest, is 24 inches (61.0 cm) for chinook and 16 inches
(40.6 cm) for coho.
The 1997 Fisheries
The timing of the March and April Council meetings makes it
impracticable for the Council to recommend fishing seasons that begin
before May 1 of the same year. Therefore, 1997 fishing season openings
earlier than May 1 also are established in this notification. The
Council recommended, and NMFS concurs, that the following seasons will
open off California in 1997. From Point Lopez to Point Mugu, a
commercial fishery for all salmon except coho will open April 15 and
continue through the earlier of April 28 or attainment of the 10,000
chinook quota. This fishery is intended to evaluate the relative
contribution rates of Central Valley, Klamath, and southern Oregon
chinook stocks to catches off southern California. The following
recreational seasons have two-fish daily bag limits and a minimum size
limit of 24 inches (61.0 cm) for chinook salmon: From Pigeon Point to
the U.S.-Mexican border, a recreational fishery for all salmon will
open on March 15. From Point Arena to Pigeon Point, a recreational
fishery for all salmon will open on March 29. From Horse Mountain to
Point Arena, a recreational fishery for all salmon except coho will
open on February 15 (the nearest Saturday to February 15). If an
evaluation indicates low coho abundance is anticipated in 1997,
inseason action may be taken to prohibit retention of coho in the
recreational fisheries south of Point Arena.
At its March 1997 meeting, the Council will consider an inseason
recommendation to open commercial and recreational seasons for all
salmon except coho on April 15, 1997, in areas off Oregon.
The following tables and text are the management measures
recommended by the Council for 1996 and, as specified, for 1997.
Table 1. Commercial Management Measures for 1996 Ocean Salmon
Fisheries
Note: This table contains important restrictions in parts A, B,
and C which must be followed for lawful participation in the
fishery.
A. Season Descriptions
North of Cape Falcon
Attention: All non-treaty troll and recreational ocean fisheries
north of Cape Falcon are closed in 1996, and will remain closed all
season unless the conditions allowing the contingency season to be
implemented are met. If Canadian harvest of coho off the west coast of
Vancouver Island (WCVI) is determined to be at 1.3 million coho or
less, a contingency season described below will be implemented through
an inseason adjustment to the regulations. At a harvest level of 1.1
million to 1.3 million coho off the WCVI, the non-treaty ocean total
allowable catch (TAC) will be set at 75,000 coho; the troll fishery
will be limited by overall catch quotas of zero chinook and 18,800
coho. At a harvest level of less than 1.1 million coho off the WCVI,
the non-treaty coho TAC may be increased contingent on: Allocating at
least 50 percent of the savings from harvest reductions below 1.2
million coho to spawner escapement of the critical coho stocks; no
increase in estimated Oregon coastal natural coho impacts above those
modeled under the assumptions of the season structure presented in the
contingency season for an assumed WCVI harvest of 1.2 million coho; and
agreement among all relevant state and tribal fishery managers. The
contingency season, if it is implemented, and any adjustments to the
non-treaty coho TAC will be implemented by inseason management.
Season Effective May 1, 1996
U.S.-Canadian Border to Cape Falcon
Closed.
Contingency Season
U.S.-Canadian Border to Leadbetter Point
July 26 through earlier of September 30 or 18,800 coho quota. All
salmon except chinook. Season to follow a cycle of 3 days open/4 days
closed. The open/closure cycle may be modified inseason as necessary to
manage the fishery. Each vessel may possess, land and deliver no more
than 75 coho per open period. The landing limit may be modified
inseason as necessary to utilize the available quota. Following any
closure, vessels must land and deliver fish in the area or adjacent
closed area within 24 hours.
South of Cape Falcon
Cape Falcon to Cape Arago
May 1 through June 30, and August 7 through October 31. All salmon
except coho. No more than 4 spreads per line.
Cape Arago to Oregon-California Border
May 1 through earlier of June 30 or 5,300 chinook quota. All salmon
except coho. Season to follow a cycle of 4 days open/3 days closed. The
open/closure cycle may be modified inseason as necessary to manage the
fishery. No more than 4 spreads per line. Landing limits may be
instituted inseason as necessary to keep the fishery within the quota.
Cape Arago to Humbug Mountain
August 7 through earlier of August 31 or 8,800 chinook quota, and
September 1 through earlier of October 31 or 10,000 chinook quota. All
salmon except coho. No more than 4 spreads per line.
Sisters Rocks to Mack Arch
August 3 through earlier of August 31 or 3,000 chinook quota. All
salmon except coho. Season to follow a cycle of 2 days open/2 days
closed. The open/closure cycle may be modified inseason as necessary to
manage the fishery. No more than 4 spreads per line. Open only 0 to 4
nautical miles (7.4 km) of shore. All salmon caught in the area must be
landed and delivered in Port Orford, Gold Beach, or Brookings within 24
hours of each closure. Landings limits may be instituted inseason as
necessary to keep the fishery within the quota. Vessel registration
with the Oregon Department of Fish and Wildlife is required by the
State prior to August 1 for participants in this fishery in order
[[Page 20182]]
to accurately sample the catch to determine the river of origin of
salmon landed in this fishery.
Oregon-California Border to Humboldt South Jetty
August 15 thru earlier of August 31 or 2,500 chinook quota, and
September 1 thru earlier of September 15 or 6,000 chinook quota. All
salmon except coho. Landing limit of 30 fish per day. Chinook minimum
size limit (total length) of 27 inches. Klamath Control Zone closed
(see C.7.). See line restriction (C.3.).
Horse Mountain to Point Arena
August 1 through September 30. All salmon except coho. Chinook
minimum size limit (total length) of 27 inches. See line restriction
(C.3.).
Point Arena to Point Reyes
June 1 through June 30, and August 1 through September 15. All
salmon except coho. Chinook minimum size limits (total length) of 26
inches through June 30 and 27 inches thereafter. See line restriction
(C.3.).
Bodega Head to Point San Pedro
September 16 through September 30. All salmon except coho. Chinook
minimum size limit (total length) of 27 inches. See line restriction
(C.3.).
Point Reyes to U.S.-Mexican Border
May 1 through June 30, and July 3 through September 15. All salmon
except coho. Chinook minimum size limit (total length) of 26 inches
through June 30 and 27 inches thereafter. See line restriction (C.3.).
Point Lopez to Point Mugu in 1997
April 15 through earlier of April 28 or 10,000 chinook quota. All
salmon except coho. Chinook minimum size limit (total length) of 26
inches. All fish must be landed within the area. See line restriction
(C.3.).
B. Minimum Size Limits
[Inches*]
----------------------------------------------------------------------------------------------------------------
Chinook Coho
-----------------------------------------------------
Area (when open) Total Total Pink
length Head-off length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon.................. ........... ............ 16.0 12.0 None.
Cape Falcon to Oregon-California 26.0 19.5 ........... ........... None.
Border.
South of Oregon-California Border (see 26.0 19.5 ........... ........... None.
part A for applicable chinook size or 27.0 20.25
limit).
----------------------------------------------------------------------------------------------------------------
* Metric equivalents for chinook: 27.0 inches=68.6 cm, 26.0 inches=66.0 cm, 20.25 inches=51.4 cm, 19.5
inches=49.5 cm.
Metric equivalents for coho: 16.0 inches=40.6 cm, 12.0 inches=30.5 cm.
C. Special Requirements, Restrictions, and Exceptions
C.1. Hooks--Single point, single shank barbless hooks are required.
C.2. Spread--A single leader connected to an individual lure or
bait.
C.3. Line Restriction--No more than 6 lines per vessel off
California.
C.4. Compliance with Minimum Size or 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.
C.5. Transit Through Closed Areas with Salmon on Board--It is
unlawful for a vessel to have troll gear in the water while transiting
any area closed to salmon fishing while possessing salmon.
C.6. Notification When Unsafe Conditions Prevent Compliance with
Regulations--A vessel is exempt from meeting the landing requirements
for the contingency season north of Leadbetter Point if it is prevented
by unsafe weather conditions or mechanical problems from meeting
landing restrictions, and it complies with the State of Washington
requirement to notify the U.S. Coast Guard and receives acknowledgement
of such notification prior to leaving the area where landing is
required. This notification shall include the name of the vessel, port
where delivery will be made, approximate amount of salmon (by species)
on board and the estimated time of arrival.
C.7. Klamath Control Zone--The ocean area at the Klamath River
mouth bounded on the north by 41 deg.38'48'' N. lat. (approximately 6
nautical miles north of the Klamath River mouth), on the west by
124 deg.23'00'' W. long. (approximately 12 nautical miles of shore),
and on the south by 41 deg.26'48'' N. lat. (approximately 6 nautical
miles south of the Klamath River mouth).
C.8. Inseason Management--In addition to standard inseason actions
or inseason modifications already noted under the season description,
the following inseason guidance is provided to NMFS:
Transfers of 5,000 fish or less between subarea quotas north of
Cape Falcon shall be done on a fish-for-fish basis;
NMFS may make inseason adjustments to fisheries north and south of
Cape Falcon, consistent with and complementary to Council spawner
escapement objectives, if management agreements or understandings with
Canada warrant such action;
At the March 1997 meeting, the Council will consider an inseason
recommendation to open commercial seasons for all salmon except coho on
April 15 in areas off Oregon.
C.9. Incidental Halibut Harvest--To land Pacific halibut caught
incidentally in Area 2A (all waters off the States of Washington,
Oregon, and California) while trolling for salmon during troll seasons,
a vessel must be issued an incidental halibut harvest license by the
International Pacific Halibut Commission (phone 206-634-1838). License
applications must be postmarked no later than April 1, 1996. A salmon
troller may participate in this fishery or in the directed commercial
fishery targeting halibut, but not in both. In troll fisheries (except
in July), incidentally caught halibut may be landed under the following
restrictions: No more than 1 halibut for each 15 chinook landed, except
1 halibut may be landed without meeting the ratio requirement, and no
more than 20 halibut may be landed per trip. Halibut retained must be
in compliance with the minimum size limit of 32 inches (81.3 cm). The
Oregon Department of Fish and Wildlife will monitor landings. If
landings are projected to exceed the 16,068-lb (7.3-mt) preseason
allocation or the entire Area 2A total allowable catch of halibut, NMFS
will take
[[Page 20183]]
inseason action to close the incidental halibut fishery through a
document published in the Federal Register.
C.10. Consistent with Council management objectives, the State of
Oregon may establish additional late-season, all-salmon-except-coho
fisheries in state waters.
C.11. For the purposes of California Department of Fish and Game
Code, section 8232.5, the definition of the Klamath management zone for
the ocean salmon season shall be that area from Humbug Mountain, OR, to
Horse Mountain, CA.
Table 2. Recreational Management Measures for 1996 Ocean Salmon
Fisheries
Note: This table contains important restrictions in parts A, B,
and C which must be followed for lawful participation in the
fishery.
A. Season Descriptions
North of Cape Falcon
Attention: All non-treaty troll and recreational ocean fisheries
north of Cape Falcon are closed in 1996, and will remain closed all
season unless the conditions allowing the contingency season to be
implemented are met. If Canadian harvest of coho off the west coast of
Vancouver Island (WCVI) is determined to be at 1.3 million coho or
less, a contingency season described below will be implemented through
an inseason adjustment to the regulations. At a harvest level of 1.1
million to 1.3 million coho off the WCVI, the non-treaty ocean total
allowable catch (TAC) will be set at 75,000 coho; the recreational
fishery will be limited by overall catch quotas of zero chinook and
56,200 coho. At a harvest level of less than 1.1 million coho off the
WCVI, the non-treaty coho TAC may be increased contingent on:
allocating at least 50 percent of the savings from harvest reductions
below 1.2 million coho to spawner escapement of the critical coho
stocks; no increase in estimated Oregon coastal natural coho impacts
above those modeled under the assumptions of the season structure
presented in the contingency season for an assumed WCVI harvest of 1.2
million coho; and agreement among all relevant state and tribal fishery
managers. The contingency season, if it is implemented, and any
adjustments to the non-treaty coho TAC will be implemented by inseason
management.
Season Effective May 1, 1996
U.S.-Canadian Border to Cape Falcon
Closed.
Contingency Season
U.S.-Canadian Border to Cape Alava
August 5 through earlier of September 26 or 5,800 coho subarea
quota. Open 7 days per week. All salmon except chinook. Two fish per
day. Closed 0 to 3 miles (4.8 km) of shore south of Skagway Rock
(48 deg.21'58'' N. lat.). Inseason management may be used to maintain
season length.
Cape Alava to Queets River
August 5 through earlier of September 26 or 1,500 coho subarea
quota. Open 7 days per week. All salmon except chinook. Two fish per
day. Closed 0 to 3 miles (4.8 km) of shore. Inseason management may be
used to maintain season length.
Queets River to Leadbetter Point
July 22 through earlier of September 26 or 20,800 coho subarea
quota. Open Sunday through Thursday only. All salmon except chinook.
Two fish per day. No more than 4 fish in 7 consecutive days. Closed 0
to 3 miles (4.8 km) of shore. Inseason management may be used to
maintain season length.
Leadbetter Point to Cape Falcon
July 22 through earlier of September 26 or 28,100 coho subarea
quota. Open Sunday through Thursday only. All salmon except chinook.
Two fish per day. No more than 4 fish in 7 consecutive days. Closed 0
to 3 miles (4.8 km) of shore north of the Columbia Control Zone and in
the Columbia Control Zone (see C.5. for revised definition). Inseason
management may be used to maintain season length.
South of Cape Falcon
Cape Falcon to Humbug Mountain
May 1 through July 7, and August 16 through September 30. All
salmon except coho. Two fish per day. No more than 6 fish in 7
consecutive days. Legal gear limited to: Artificial lures, plugs or
bait no less than 6 inches (15.2 cm) long (excluding hooks and swivels)
with no more than 2 single point, single shank barbless hooks; flashers
and divers prohibited.
Humbug Mountain to Horse Mountain
May 12 through July 7, and August 18 through September 21. All
salmon except coho. 1 fish per day. No more than 4 fish in 7
consecutive days. Klamath Control Zone closed (see C.6.). See rod
restriction (C.2.).
Horse Mountain to Point Arena
February 17 (nearest Saturday to February 15) through July 7, and
August 1 through November 17 (nearest Sunday to November 15). All
salmon except coho. Two fish per day. Chinook minimum size limit of 24
inches. See rod and gear restrictions (C.2. and C.3.).
In 1997, the season will open February 15 (nearest Saturday to
February 15) through April 30 for all salmon except coho; two fish per
day; chinook minimum size limit of 24 inches.
Point Arena to Point San Pedro
March 2 through October 14. All salmon except coho. Two fish per
day. Chinook minimum size limit of 24 inches through July 1 and 26
inches thereafter. See rod and gear restrictions (C.2. and C.3.).
In 1997, the season will open March 29 through April 30 for all
salmon; two fish per day; chinook minimum size limit of 24 inches. If
evaluation indicates low coho abundance in 1997, inseason action may
prohibit retention of coho. At the April 1997 meeting, the Council will
consider measures for the remainder of the season.
Point San Pedro to Pigeon Point
March 2 through August 25. All salmon except coho. Two fish per
day. Chinook minimum size limit of 24 inches through July 1 and 26
inches thereafter. See rod and gear restrictions (C.2. and C.3.).
In 1997, the season will open March 29 through April 30 for all
salmon; two fish per day; chinook minimum size limit of 24 inches. If
evaluation indicates low coho abundance in 1997, inseason action may
prohibit retention of coho. At the April 1997 meeting, the Council will
consider measures for the remainder of the season.
Pigeon Point to U.S.-Mexican Border
March 2 through August 25. All salmon except coho. Two fish per
day. Chinook minimum size limit of 24 inches through July 1 and 26
inches thereafter. See rod and gear restrictions (C.2. and C.3.).
In 1997, the season will open March 15 through April 30 for all
salmon; two fish per day; chinook minimum size limit of 24 inches. If
evaluation indicates low coho abundance in 1997, inseason action may
prohibit retention of coho. At the April 1997 meeting, the Council will
consider measures for the remainder of the season.
[[Page 20184]]
B. Minimum Size Limits
[Total length in inches*]
----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon................. ............ 16.0 None.
Cape Falcon to Horse Mountain........ 20.0 ........ None, except 20.0 off California.
South of Horse Mountain (see part A 24.0 or 26.0 ........ 20.0.
for applicable chinook size limit).
----------------------------------------------------------------------------------------------------------------
*Metric equivalents for chinook: 26.0 inches=66.0 cm, 24.0 inches=61.0 cm, 20.0 inches=50.8 cm.
Metric equivalents for coho: 16.0 inches=40.6 cm.
Metric equivalents for pink: 20.0 inches=50.8 cm.
C. Special Requirements, Restrictions, and Exceptions
C.1. Hooks--Single point, single shank barbless hooks are required
for all fishing gear north of Point Conception, CA (34 deg.27'00'' N.
lat.).
C.2. Restriction on Number of Fishing Rods 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.
C.3. Gear Restrictions Between Horse Mountain and Point Conception,
California, Beginning July 1, 1996--When fishing with bait and any
combination of weights measuring 1 lb or less, the following
restrictions apply: no more than 2 hooks may be used; when using 2
hooks, the terminal (lower) hook must be no less than 5/0 and the upper
hook no less than 4/0, the distance between the 2 hooks must not exceed
5 inches (12.7 cm) and both hooks must be permanently tied in place
(hard tied); if using a single hook, the hook size cannot be less than
5/0. Hook size restrictions do not apply when artificial lures are used
or when bait is attached to an artificial lure. (An artificial lure is
a man-made lure designed to attract fish, not including scented or
flavored artificial baits.)
C.4. Compliance with Minimum Size or 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.
C.5. Columbia Control Zone--The ocean area at the Columbia River
mouth bounded by a line extending for 6 nautical miles (11.1 km) due
west from North Head along 46 deg.18'00'' N. lat. to 124 deg.13'18'' W.
long., then southerly to 46 deg.13'24'' N. lat. and 124 deg.11'00'' W.
long. (green, Columbia River Entrance Lighted Bell Buoy #1), then
southerly to 46 deg.11'06'' N. lat. and 124 deg.11'00'' W. long. (red,
Columbia River Approach Lighted Whistle Buoy), then northeast along red
buoy line to the tip of the south jetty.
C.6. Klamath Control Zone--The ocean area at the Klamath River
mouth bounded on the north by 41 deg.38'48'' N. lat. (approximately 6
nautical miles [11.1 km] north of the Klamath River mouth), on the west
by 124 deg.23'00'' W. long. (approximately 12 nautical miles [22.2 km]
of shore), and on the south by 41 deg.26'48'' N. lat. (approximately 6
nautical miles [11.1 km] south of the Klamath River mouth).
C.7. Inseason Management--To meet preseason management objectives
such as quotas, harvest guidelines and season duration, certain
regulatory modifications may become necessary inseason. Actions could
include modifications to bag limits or days open to fishing, and
extensions or reductions in areas open to fishing.
For 1996, the Council has requested NMFS to make inseason
adjustments to fisheries north and south of Cape Falcon, consistent
with and complementary to Council spawner escapement objectives, in the
event that management agreements or understandings with Canada warrant
such action.
The procedure for inseason transfer of coho among recreational
subareas north of Cape Falcon will be as follows:
After conferring with representatives of the affected ports and the
Salmon Advisory Subpanel recreational representatives north of Cape
Falcon, NMFS may transfer coho inseason among recreational subareas to
help meet the recreational season duration objectives (for each
subarea). Any transfers between subarea quotas of 5,000 fish or less
shall be done on a fish-for-fish basis.
At the March 1997 meeting, the Council will consider an inseason
recommendation to open seasons for all salmon except coho on April 15
in areas off Oregon.
C.8. Consistent with Council management objectives, the States of
Washington and Oregon may establish limited seasons in State waters;
fisheries in Oregon State waters are limited to all salmon except coho.
Table 3. Treaty Indian Management Measures for 1996 Ocean Salmon
Fisheries.
Note: This table contains important restrictions in parts A, B,
and C which must be followed for lawful participation in the
fishery.
A. Season Descriptions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum size
limit (inches*)
Tribe and area boundaries Open seasons Salmon species ----------------- Special restrictions by area
Chinook Coho
--------------------------------------------------------------------------------------------------------------------------------------------------------
Makah--That portion of the Fishery May 1 through earlier of All except coho.......... 24 ..... Barbless hooks. No more than 8 fixed lines
Management Area (FMA) north of 48 June 30 or overall 7,000 per boat or no more than 4 hand-held
deg.02'15'' N. lat. (Norwegian chinook guideline. No lines per person.
Memorial) and east of 125 more than 3,500 chinook
deg.44'00'' W. long. may be taken prior to
June 1.
[[Page 20185]]
August 1 through earliest All...................... 24 16
of September 15 or
chinook or coho quota.
Quileute--That portion of the FMA May 1 through earlier of All except coho.......... 24 ..... Barbless hooks. No more than 8 fixed lines
between 48 deg.07'36'' N. lat. (Sand June 30 or overall 7,000 per boat.
Point) and 47 deg.31'42'' N. lat. chinook guideline. No
(Queets River) east of 125 more than 3,500 chinook
deg.44'00'' W. long. may be taken prior to
June 1.
August 1 through earliest All...................... 24 16
of September 15 or
chinook or coho quota.
Hoh--That portion of the FMA between May 1 through earlier of All except coho.......... 24 ..... Barbless hooks. No more than 8 fixed lines
47 deg.54'18'' N. lat. (Quillayute June 30 or overall 7,000 per boat.
River) and 47 deg.21'00'' N. lat. chinook guideline. No
(Quinault River) east of 125 more than 3,500 chinook
deg.44'00'' W. long. may be taken prior to
June 1.
August 1 through earliest All...................... 24 16
of September 15 or
chinook or coho quota.
Quinault--That portion of the FMA May 1 through earlier of All except coho.......... 24 ..... Barbless hooks. No more than 8 fixed lines
between 47 deg.40'06'' N. lat. June 30 or overall 7,000 per boat.
(Destruction Island) and 46 chinook guideline. No
deg.53'18'' N. lat. (Point Chehalis) more than 3,500 chinook
east of 125 deg.44'00'' W. long. may be taken prior to
June 1.
August 1 through earliest All...................... 24 16
of September 15 or
chinook or coho quota.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Metric equivalents: 24 inches=61.0 cm, 16 inches=40.6 cm.
B. Special Requirements, Restrictions, and Exceptions
B.1. 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.
B.2. Applicable lengths, in inches, for dressed, head-off salmon,
are 18 inches (45.7 cm) for chinook and 12 inches (30.5 cm) for coho.
Minimum size and retention limits for ceremonial and subsistence
harvest are as follows:
Makah Tribe--None.
Quileute, Hoh, and Quinault tribes--Not more than 2 chinook longer
than 24 inches in total length may be retained per day. Chinook less
than 24 inches total length may be retained.
B.3. The areas within a 6-mile (9.7-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. A closure within 2 miles
(3.2 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. Quotas
C.1. The overall treaty troll ocean quotas would be as follows
under assumed coho harvest levels in the Canadian fishery off the west
coast of Vancouver Island (WCVI): At 1.46 million coho, 11,000 chinook
and from 12,500 to 20,000 coho, depending on the actual WCVI coho
harvest target; and at 1.2 million coho, 11,000 chinook and 25,000
coho. These quotas include troll catches by the Klallam and Makah
tribes in Washington State Statistical Area 4B from May 1 through
September 30. The all-salmon-except-coho fishery will be limited by an
overall harvest guideline of 7,000 chinook (3,500 chinook in May and
3,500 chinook in June). The remainder of the quota will be available
for the all-salmon fishery beginning in August. The chinook guidelines
for May and June are based on a quota of 20,000 to 25,000 coho and may
be modified if the final coho quota is less than 20,000. The coho quota
is set in these management measures at 12,500. Upon agreement of state
and tribal managers, the Regional Director will implement an inseason
adjustment to the coho quota not to exceed 20,000. At a Canadian
harvest level between 1.1 and 1.3 million, the Regional Director will
adjust the coho quota to 25,000.
Halibut Retention
In accordance with the Northern Pacific Halibut Act, regulations
governing the Pacific halibut fishery were published in the Federal
Register on March 20, 1996 (61 FR 11337). The regulations, which appear
under 50 CFR part 301, state that operators of vessels participating in
the salmon troll fishery in Area 2A (all waters off the States of
Washington, Oregon, and California), who have obtained the appropriate
International Pacific Halibut Commission (IPHC) license, may retain
halibut caught incidentally during authorized periods, in conformance
with provisions announced with the annual salmon management measures.
As provided by 50 CFR 301.7(c) and 301.24(e), the following
measures have been approved. The operator of a vessel that has been
issued an incidental halibut harvest license by the IPHC (trollers must
have sent license applications to IPHC postmarked no later than April
1) may retain Pacific halibut caught incidentally while trolling for
salmon during troll seasons, except in July, in Area 2A. A salmon
troller may participate in this fishery or in the directed commercial
fishery targeting halibut, but not both. In troll fisheries,
incidentally caught halibut may be landed only under the following
restrictions: No more than 1 halibut for each 15 chinook landed, except
1 halibut may be landed without meeting the ratio requirement, and no
more than
[[Page 20186]]
20 halibut may be landed per trip. Any halibut retained must be in
compliance with the minimum size limit of 32 inches (81.3 cm). The
Oregon Department of Fish and Wildlife will monitor landings. If
landings are projected to exceed the 16,068-lb (7.3-mt) preseason
commercial troll fishery allocation or the entire Area 2A total
allowable catch of halibut, NMFS will take inseason action to close the
incidental halibut fishery through a document published in the Federal
Register.
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 lb (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 that can reasonably be expected to
result in the catching, taking, or harvesting of fish.
Geographical Landmarks
Wherever the words ``nautical miles of shore'' are used in this
rule, the distance is measured from the baseline from which the
territorial sea is measured.
Geographical landmarks referenced in this document are at the
following locations:
Skagway Rock......................... 48 deg.21'58'' N. lat.
Cape Alava........................... 48 deg.10'00'' N. lat.
Queets River......................... 47 deg.31'42'' N. lat.
Leadbetter Point..................... 46 deg.38'10'' N. lat.
Cape Falcon.......................... 45 deg.46'00'' 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.
Oregon-California Border............. 42 deg.00'00'' N. lat.
Humboldt South Jetty................. 40 deg.45'53'' N. lat.
Horse Mountain....................... 40 deg.05'00'' N. lat.
Point Arena.......................... 38 deg.57'30'' N. lat.
Bodega Head.......................... 38 deg.17'58'' N. lat.
Point Reyes.......................... 37 deg.59'44'' N. lat.
Point San Pedro...................... 37 deg.35'40'' N. lat.
Pigeon Point......................... 37 deg.11'00'' N. lat.
Point Lopez.......................... 36 deg.01'15'' N. lat.
Point Conception..................... 34 deg.27'00'' N. lat.
Point Mugu........................... 34 deg.05'12'' 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 for publication 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.
Technical Amendment
Amendment 9 to the FMP replaced the long-term spawning escapement
goal and interim rebuilding schedule for Klamath River fall chinook
contained in the framework FMP with fixed annual spawning escapement
and harvest rates. Under this approach, known as harvest rate
management, the spawning escapement rate is held constant at 33-34
percent of the potential adults from each brood over a long period of
time while the magnitude of harvest and the number of spawners is
allowed to vary in proportion to the stock abundance. Variation in
spawning escapement is subject to a minimum spawning escapement floor
of 35,000 naturally spawning adults. The purpose of shifting to a
harvest rate management approach was to allow for natural variation in
the spawning escapement and to obtain information on the productivity
of the Klamath River Basin to ultimately determine the optimum
escapement in order to achieve maximum sustainable yield over the long
term.
On October 4, 1993, Solicitor of the Department of the Interior
issued an opinion on the fishing rights of the Hoopa Valley and Yurok
Indian Tribes on the Klamath and Trinity Rivers. In that opinion, the
Solicitor concluded that the tribes have a federally protected right to
the fishery resource sufficient to support a moderate standard of
living or 50 percent of the total available annual harvest of Klamath-
Trinity basin salmon, whichever is less. NMFS issued a final rule
recognizing the federally reserved fishing rights of the Yurok and
Hoopa Valley Tribes, as acknowledged and quantified by the Solicitor,
as applicable law for the purposes of the Magnuson Act.
The STT was concerned that fixed rate escapement for each brood of
fish might not be possible under variable recruitment levels and annual
50/50 sharing of the harvest between tribal and non-tribal sectors.
Analysis by the Klamath River Technical Advisory Team indicated that
under annual 50/50 sharing, the brood rate escapement rate could vary
from the targeted 33-34 percent rate by approximately 2 percent for any
given brood, but over the long term the brood escapement rate would
average 33-34 percent.
Under the procedures contained in 50 CFR 661.22, NMFS is authorized
to modify an escapement goal by publishing a notice in the Federal
Register under Sec. 661.23 if: ``A comprehensive technical review of
the best scientific information available provides conclusive evidence
which, in the view of the Salmon Technical Team and the Council,
justifies modification of an escapement goal.'' In addition, Amendment
9 states that the escapement rate may be modified upon approval of the
STT and the Council to meet optimum yield (OY).
At the April 1996 Council meeting, the STT advised the Council that
revising the escapement goal from a 33-34 percent escapement rate
calculated on a brood year basis to a 33-34 percent rate calculated
over the long term would not constitute a significant change. The
Council then recommended to NMFS that the spawning escapement goal be
revised to allow the escapement rate to vary from the 33-34 percent in
order to achieve the required tribal/non-tribal annual allocation, as
long as it averages 33-34 percent over the long term. NMFS has approved
this change because it meets the objectives of Amendment 9's long-term
escapement rate goal, and it allows achievement of OY by allowing
[[Page 20187]]
achievement of both the escapement goal and the 50/50 sharing
requirement.
Classification
This notification of annual management measures and technical
amendment are exempt from review under E.O. 12866.
Section 661.23 requires NMFS to publish a notice establishing
management measures for ocean salmon fisheries each year and, if time
allows, invite public comments prior to the effective date. Section
661.23 further states that if, for good cause, a notice must be filed
without affording a prior opportunity for public comment, public
comments on the notice must be invited and received for a minimum of 15
days after filing the notice with the Office of the Federal Register.
Under Sec. 661.23, measures are effective upon filing, unless otherwise
specified in the notice.
Because many ocean salmon seasons are scheduled to start May 1, the
management measures must be in effect by then. Each year the schedule
for establishing the annual management measures begins in February with
the compilation and analysis of biological and socio-economic data for
the previous year's fishery and salmon stock abundance estimates for
the current year. These documents are made available and distributed to
the public for review and comment. Two meetings of the Council follow
in March and April. These meetings are open to the public and public
comment on the salmon management measures is encouraged. In 1996, the
Council recommended management measures near the conclusion of its
meeting on April 12, which resulted in a short time frame for
implementation.
In some areas, the season started on May 1 in 1995, but is not
scheduled to start until later in 1996 (or it is scheduled to start
with different management restrictions in place). The different
restrictions are put in place to respond to the needs of the various
stocks in 1996. A delay in implementation of the management measures
would allow inappropriate openings in some areas, which would cause
adverse impacts not contemplated in the design of the 1996 management
measures. Therefore, in light of the limited available time and the
adverse effect of delay, NMFS has determined that good cause exists to
waive the requirements of 50 CFR 661.23 and 5 U.S.C. 553(b) for prior
notice and opportunity for prior public comments on that notice to be
published in the Federal Register. For the same reasons, NMFS has
determined that good cause exists to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d). The measures are effective May 1,
1996. For this document, NMFS is receiving public comments for 30 days
from publication of the document.
The public had opportunity to comment on these management measures
during 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 early
April that generated the management actions recommended by the Council
and approved by NMFS. Written public comments were invited by the
Council between the March and April Council meetings.
On March 8, 1996, NMFS issued a biological opinion that considered
the effects of the FMP on all listed salmon species. The biological
opinion concluded that fisheries conducted under the FMP are likely to
jeopardize the continued existence of Sacramento River winter chinook
and Snake River fall chinook, but provided a RPA to avoid jeopardy.
These management measures comply with the RPA as well as the incidental
take conditions contained in the biological opinion.
The biological opinion also concluded that fisheries conducted
under the FMP are not likely to jeopardize the continued existence of
other listed salmon species, specifically Snake River wild sockeye
salmon and Snake River wild spring and summer chinook.
List of Subjects in 50 CFR Part 661
Fisheries, Fishing, Indians, Reporting and recordkeeping
requirements.
Dated: April 30, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set forth 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 is amended in the table in IV.A.,
``Summary of Specific Management Goals for Stocks in the Salmon
Management Unit,'' by revising the entry for Klamath Fall Chinook to
read as follows:
Appendix
* * * * *
IV. Escapement Goals
A. * * *
Summary of Specific Management Goals for Stocks in the Salmon Management
Unit
------------------------------------------------------------------------
System Spawning \1\ escapement goal
------------------------------------------------------------------------
* * * * *
Klamath Fall Chinook... Between 33 and 34 percent of the potential
adult natural spawners, but no fewer than
35,000 naturally spawning adults in any one
year.\3\ The brood escapement rate will
average 33 to 34 percent over the long term.
The escapement rate for each brood may vary
from the 33 to 34 percent in order to achieve
the required tribal/non-tribal annual
allocation.
* * * * *
------------------------------------------------------------------------
\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. 96-11136 Filed 4-30-96; 4:40 pm]
BILLING CODE 3510-22-W
