[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Rules and Regulations]
[Pages 24973-24984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11957]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 980429110-8110-01; I.D. 042398B]
RIN 0648-AK25
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; 1998 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Annual management measures for the ocean salmon fishery;
request for comments.
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SUMMARY: NMFS establishes fishery management measures for the ocean
salmon fisheries off Washington, Oregon, and California for 1998 and
1999 salmon seasons opening earlier than May 1, 1999. Specific fishery
management measures vary by fishery and by 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 treaty Indian and non-treaty commercial and
recreational fisheries. The measures are also intended to allow a
portion of the salmon runs to escape the ocean fisheries in order to
provide for spawning escapement and inside fisheries.
DATES: Effective from 0001 hours Pacific Daylight Time (P.d.t.), May 1,
1998, until the effective date of the 1999 management measures, as
published in the Federal Register. Comments must be received by May 15,
1998.
ADDRESSES: Comments on the management measures and the related
[[Page 24974]]
environmental assessment (EA) may be sent to William Stelle, Jr.,
Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way
N.E., Seattle, WA 98115-0070; or William Hogarth, Regional
Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite
4200, Long Beach, CA 90802-4213. Copies of the EA and other documents
cited in this document are available from Larry Six, Executive
Director, Pacific Fishery Management Council, 2130 S.W. Fifth Ave.,
Suite 224, Portland, OR 97201.
FOR FURTHER INFORMATION CONTACT: William Robinson at 206-526-6140, or
Svein Fougner at 562-980-4040.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries off Washington, Oregon, and California
are managed under a ``framework'' fishery management plan entitled the
Pacific Coast Salmon Plan (FMP). Regulations at 50 CFR part 660,
subpart H, provide the mechanism for making preseason and inseason
adjustments to the management measures, within limits set by the FMP,
by notification in the Federal Register.
These management measures for the 1998 and pre-May 1999 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 6 to 10, 1998, meeting.
Schedule Used To Establish 1998 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 1997 Ocean
Salmon Fisheries,'' summarizes the 1997 ocean salmon fisheries and
assesses how well the Council's management objectives were met in 1997.
The second report, ``Preseason Report I Stock Abundance Analysis for
1998 Ocean Salmon Fisheries'' (PRE I), provides the 1998 salmon stock
abundance projections and analyzes the impacts on the stocks and
Council management goals if the 1997 regulations or regulatory
procedures were applied to the 1998 stock abundances.
The Council met from March 9 to 13, 1998, in Millbrae, CA, to
develop proposed management options for 1998. 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 to provide for ocean harvests of
more abundant stocks. After the March Council meeting, the STT and
Council staff economist prepared a third report, ``Preseason Report II
Analysis of Proposed Regulatory Options for 1998 Ocean Salmon
Fisheries'' (PRE II), which analyzes the effects of the proposed 1998
management options. This report also was made available to the Council,
its advisors, and the public.
Public hearings on the proposed options were held on March 30, 1998
in Westport, WA, North Bend, OR, and Moss Landing, CA; on March 31,
1998 in Tillamook, OR and Eureka, CA; and on April 1, 1998 in
Sacramento, CA.
The Council met on April 6 to 10, 1998, in Portland, OR, to adopt
its final 1998 recommendations. Following the April Council meeting,
the STT and Council staff economist prepared a fourth report,
``Preseason Report III Analysis of Council-Adopted Management Measures
for 1998 Ocean Salmon Fisheries'' (PRE III), 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
Aside from salmon species listed and proposed for listing under the
Endangered Species Act (ESA) discussed below, the primary resource
concerns are for Klamath River fall chinook, lower Columbia River fall
chinook stocks, 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 fall chinook stocks are abundant compared
to other chinook stocks of the Pacific coast. The Central Valley Index
of abundance of combined Central Valley chinook stocks is projected to
be 1,051,000 for 1998, the highest ever predicted and about the same as
the postseason estimate of the index for 1997 (PRE I, February 1998).
The spawning escapement of Sacramento River adult fall chinook was
323,900 adults in 1997 (PRE III, May 1998), well above the 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 1997
spawning run size was estimated to be approximately 480 adults, 3.1
times the estimated 1994 adult escapement. Neither preseason nor
postseason estimates of ocean abundance are available for winter
chinook; however, the run is expected to remain depressed in 1998 (PRE
I).
Klamath River fall chinook ocean abundance is projected to be
126,600, age-3 and age-4, fish at the beginning of the fishing season.
The abundance forecast is 19 percent below the 1997 pre-season
abundance estimate and 49 percent below the average of post-season
estimates for 1988-1997 (PRE I). The spawning escapement goal for the
stock is 33 to 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 1997 was 46,000 adults (PRE III).
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 similar to the levels observed in 1997 (PRE I). These stocks are
important contributors to ocean fisheries off Oregon and northern
California. The generalized expectation for north-migrating stocks is
for an above-average abundance of age-5 fish and a below-average
abundance of age-3 and age-4 fish (PRE I). 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
1998 (PRE I).
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 1998 are
36,200 fish, less than one-third of the 1997 return of 114,100 adult
fish (PRE I). The 1998 forecast indicates a return to recent year
escapement levels and the continued depressed status of this stock. In
recent years, the natural component of this stock generally has
comprised less than one-third of the upriver spring chinook run,
compared to approximately 70 percent of the run when the original
escapement goal was developed. The 1997 return of 114,100 fish was at
least two-thirds of hatchery origin. The natural stock component
remains severely depressed, with Snake River spring/summer chinook
listed as threatened under the ESA. The 1997 return of 28,000 adult
summer chinook
[[Page 24975]]
was 68 percent above the preseason expectation and the largest return
since 1990 (PRE III). Expected ocean escapement of adult upriver summer
chinook is 11,200 adult fish (PRE III). The 1998 stock status remains
extremely depressed, with a forecast return of 11,200 fish being only
14 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 32,800 fish, close to the 1997
return of 34,300 fish (PRE I), and the fifth consecutive year that the
adult return is less than 50,000 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
141,800 adults, 15 percent below the 1997 observed return of 167,900
adults (PRE III). This stock has a northern ocean migratory pattern and
constitutes less than 10 percent of Council area fisheries north of
Cape Falcon.
(b) Lewis River wild chinook ocean escapement is forecast at 7,000
adults, 49 percent below the 1997 run size of 13,800 adults (PRE III).
(c) Lower river hatchery (Tules) fall chinook ocean escapement is
forecast at 22,500 adults, 60 percent below the 1997 observed return of
56,700 adults (PRE III). This stock has declined 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 (Tules) fall chinook ocean escapement is
projected to be 14,200 adults, 44 percent below the 1997 observed
return of 25,200 adults (PRE III). The Spring Creek hatchery fall
chinook stock generally has been rebuilding slowly since the record low
return in 1987, but this year's projection of 14,200 adults is very
low.
(e) Mid-Columbia bright fall chinook ocean escapement is projected
to be 44,900 adults, 21 percent below the 1997 return of 57,000 adults
(PRE III).
(4) Snake River wild fall chinook. Snake River wild fall chinook
are listed under the ESA as a threatened species (57 FR 14653, April
22, 1992). Information on the stock's ocean distribution and fishery
impacts are 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
There are indications that the 1997 preseason abundance predictors
for coho were optimistic, because they did not anticipate abnormally
low marine survival associated with the current El Nino event.
Postseason estimates of abundance for Columbia River, Washington
Coastal, and Puget Sound stocks were substantially below expectations
after allowances for lower than anticipated impacts by ocean fisheries
were considered.
Impacts on growth and survival prior to the fall of 1997 returns
were automatically incorporated into sibling-based predictors currently
employed for several stocks. For instance, jack returns for most
Columbia River chinook and coho stocks were at, or near, record low
levels, and fish condition was noticeably poor. During the 1982-1983 El
Nino, the STT incorporated an adjustment factor in anticipation of
abnormally high over-winter mortality with widely varying success. The
STT considered and rejected incorporating a 1998 adjustment factor to
compensate for abnormally high over-winter mortality that may result
from the current El Nino event. The current El Nino developed more
rapidly and at different times than previous events so there is a
general lack of information that can be usefully employed to quantify
the degree to which adjustments should be made to the estimates of
survival of salmon stocks. The STT, however, was of the opinion that
the abundance forecasts presented for this season's report for coho and
Columbia River chinook stocks could likely prove to be optimistic.
Central California coast coho and southern Oregon/northern
California coast coho are listed as threatened species under the ESA
(61 FR 56138, October 31, 1996, and 62 FR 24588, May 6, 1997). Coho
populations in California have not been monitored closely in the past,
and no forecasts of the ocean abundance of listed coho originating from
California are available; these runs have been generally at low
abundance levels for many years.
Oregon coastal and Columbia River coho stocks are the primary
components of the Oregon Production Index (OPI), an annual index of
coho abundance from Leadbetter Point, WA, to the U.S.-Mexico border.
The 1998 OPI is forecast to be 136,500 coho, 71 percent below the 1997
preseason forecast of 463,800 coho, and 44 percent below the 1997
observed level of 243,400 coho (PRE I). The 1998 estimate for OCN is
47,200 coho, 45 percent below the 1997 preseason forecast of 86,400
coho, and 70 percent above the 1997 observed level of 27,800 coho (PRE
I). The 1997 spawning escapement of the OCN stock was 27,800 fish, the
smallest for at least the last 5 years.
Most Washington coastal natural coho stocks and Puget Sound
combined natural coho stocks are expected to be less abundant in 1998
than forecast in 1997. The 1998 Willapa Bay hatchery total ocean stock
abundance forecast is 20,800 adults, approximately 71 percent less than
1997 (PRE I). The prediction is based upon an average terminal area
return per release (1992-1997) adjusted by a mean jack return rate for
the same brood years. Willapa Bay coho production is predominately
hatchery origin, and until 1998, only hatchery abundance was predicted.
This year, the estimate of natural coho is 3,300. The estimate of Grays
Harbor natural stock ocean abundance for 1998 is 30,100 adults, an
increase of 15 percent from the 1997 preseason expected abundance (PRE
I). The estimate of hatchery stock ocean abundance is 25,600 adults, a
decrease of 75 percent from the preseason 1997 estimate (PRE I). The
Quinault natural coho ocean run size is 6,500 fish, an increase of 225
percent from the 1997 projected level (PRE I). The Quinault hatchery
coho ocean run size is forecast at 3,900 fish, a decrease of 24 percent
compared to the 1997 level (PRE I). The Queets natural coho ocean run
size is 4,200 fish, a decrease of 2 percent from the 1997 projected
level (PRE I). The Queets hatchery coho ocean run size is forecast at
4,600 fish, a decrease of 71 percent compared to the 1997 level (PRE
I). The Hoh River natural coho ocean run size is 3,400 fish, an
increase of 21 percent from the 1997 projected level (PRE I). There is
no hatchery production projected for the Hoh system for 1998. The 1998
forecast abundance of Quillayute River natural
[[Page 24976]]
and hatchery components are 10 percent and 52 percent, respectively,
below the 1997 forecast levels (PRE I).
Pink Salmon Stocks
Major pink salmon runs return to the Fraser River and Puget Sound
only in odd-numbered years. In 1997, abundance was 8.2 million Fraser
River pink salmon, Puget Sound pink salmon abundance is not yet
available.
Management Measures for 1998
The Council recommended allowable ocean harvest levels and
management measures for 1998 designed to apportion the burden of
protecting the weak stocks previously discussed equitably among ocean
fisheries and to allow maximum harvest of natural and hatchery runs
surplus to inside fishery and spawning needs. NMFS finds the Council's
recommendations responsive to the goals of the FMP, the requirements of
the resource, and the socio-economic factors affecting resource users.
The recommendations are consistent with the requirements of the
Magnuson-Stevens Act and other applicable law, including the ESA and
U.S. obligations to Indian tribes with Federally recognized fishing
rights. Accordingly, NMFS hearby adopts them.
North of Cape Falcon, Oregon, the management measures implement the
smallest chinook and coho quotas since 1994 to protect depressed
Washington coastal, Puget Sound, and Oregon Coastal Natural (OCN) coho
stocks. South of Cape Falcon, the retention of coho is prohibited for
the fourth consecutive year, and chinook fisheries are constrained
primarily to meet the Klamath River fall chinook natural spawner
escapement floor and ESA standards for Sacramento River winter chinook.
These constraints also limit impacts on threatened Snake River fall
chinook, Southern Oregon/Northern California Coast coho, and Central
California coho. Size limit, gear, and seasonal restrictions are
intended to reduce harvest impacts on endangered Sacramento River
winter chinook. The management measures include a small selective
recreational fishery for marked hatchery coho in the ocean off the
mouth of the Columbia River.
A. South of Cape Falcon
In the area south of Cape Falcon, the management measures in this
rule reflect primarily the need to achieve the minimum spawning
escapement goal floor for Klamath River fall chinook and the ESA
requirements for Sacramento River winter chinook, southern Oregon/
northern California coast coho and central California coast coho.
Since completion of the April 30, 1997, supplement to the March 8,
1996, opinion, NMFS has listed four populations of steelhead as
threatened under the ESA (62 FR 43937, August 18, 1997, and 63 FR
13347, March 19, 1998) and proposed seven populations of chinook for
listing (63 FR 11482, March 9, 1998). In a March 4, 1998, letter to the
Council, NMFS provided guidance on protective measures for listed
species for the 1998 season. NMFS required that Council fisheries be
managed so that the total ocean exploitation rate on listed coho from
the California component of the southern Oregon/northern California
coast coho environmentally significant unit be constrained to 13
percent or less, the lowest exploitation rate specified under the
rebuilding provisions of the Council's recommended Amendment 13 to the
FMP. In addition, the retention of coho in recreational and commercial
fisheries off California is prohibited. In accordance with the NMFS
guidance, the Council's recommendations result in a 12-percent
exploitation rate impact for Rogue/Klamath coho, and retention of coho
south of Cape Falcon is prohibited for the fourth consecutive year.
Sacramento River winter chinook are listed as an endangered species
under the ESA. A March 8, 1996, biological opinion and a February 18,
1997, addendum require that NMFS reduce all harvest-related impacts to
the Sacramento River winter chinook salmon population by a level that
would achieve at least a 31-percent increase in the spawner-to-spawner
replacement rate over a base period of 1989 through 1993. The increase
in the spawner-to-spawner replacement rate projected for 1998 is 31.1
percent, which achieves the minimum 31 percent rate over the base
period.
NMFS concluded that incidental fishery impacts that occur in the
ocean salmon fishery proposed for the period from May 1, 1998, through
April 30, 1999 (or until the effective date of the 1999 management
measures), will not jeopardize the continued existence of populations
of chinook proposed for listing.
The Council recommended the continued use of an increase in the
minimum size limit in the recreational fishery to 24 inches (61.0 cm)
south of Horse Mountain in conjunction with restricted seasons to
reduce incidental ocean harvest of Sacramento River winter chinook. The
Council reviewed a recent California Department of Fish and Game study
on the mortality rate of salmon released in the California recreational
fishery and revised the hooking mortality rates associated with
mooching using circle and J hooks consistent with the study results.
The Council recommended the continuation of gear restrictions for
recreational fisheries off California, with certain modifications, to
minimize hooking mortality.
The Council recommended a July 1 through September 7 recreational
fishery between Point Arena and Pigeon Point in which the bag limit
will be the first two fish caught (excluding coho) with no minimum size
limit. Any coho salmon caught must be released.
The Council also recommended a commercial troll test fishery
operating inside six nautical miles from July 5 through July 31 between
Fort Ross and Point Reyes under a 3,000 fish quota. The test fishery is
designed to assess the relative contribution of Klamath River fall
chinook to the catch of a near-shore commercial fishery in the test
area.
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. Off California, no more than six lines are allowed
per vessel. Off Oregon, no more than four spreads are allowed per line.
From Point Sur, CA, to the U.S.-Mexico border, the commercial
fishery will open May 1 through September 30.
From Point San Pedro, CA, to Point Sur, CA, the commercial fishery
will open May 1 through May 31, then reopen June 16 through September
30.
From Point Reyes to Point San Pedro, CA, the commercial fishery
will open July 1 through September 30.
From Fort Ross (38 deg.31'00'' N. lat.) to Point Reyes, CA, a test
troll commercial fishery inside 6 nautical miles will open July 5
through the earlier of July 31 or an overall 3,000 chinook quota. For
all salmon except coho, the season is to be opened as follows: July 5
through the earlier of July 11 or 1,000 chinook quota; July 12 through
the earlier of July 18 or 1,000 chinook quota; and July 19 through the
earlier of July 25 or the lesser of a 1,000 chinook quota or the
remainder of the overall 3,000 chinook quota. If sufficient overall
quota remains, the fishery will reopen on July 26 through the earlier
of July 31 or achievement of the overall 3,000 chinook quota. There is
a landing limit of no more than 30 fish per day. All fish caught in
this area must be landed in Bodega Bay within 24 hours of each closure.
Fish taken outside this test fishery may not be landed at Bodega Bay
during the time authorized for the test fishery landings. These
restrictions are necessary to assure the data collected from the test
fishery are valid.
[[Page 24977]]
From Point Arena to Point Reyes, CA, the commercial fishery will
open August 1 through September 30.
From Horse Mountain to Point Arena, CA, the commercial fishery will
open September 1 through September 30.
From the Oregon-California border to Humboldt South Jetty, CA, the
commercial fishery will open September 1 and continue through the
earlier of September 30 or attainment of the 6,000 chinook quota.
Restrictions include a landing limit of no more than 30 fish per day;
all fish caught in this subarea must be landed within the subarea; and
closure of the Klamath Control Zone. Under the State of Oregon
regulations, vessels with fish on board from this area that are
temporarily moored in Brookings, Oregon, prior to landing in California
must first notify the Chetco River Coast Guard Station via VHF channel
22A between the hours of 0500 and 2200 and provide the name of the
vessel, number of fish on board, and estimated time of arrival.
From Sisters Rocks to Mack Arch, OR, the commercial fishery will
open August 1 and continue through the earlier of August 31 or
attainment of the 1,400 chinook quota. The fishery will follow a cycle
of 2 days open and 2 days closed. The days open may be adjusted
inseason, if necessary, to manage the fishery. The open area is
restricted to only 0 to 4 nautical miles (7.4 km) off shore. All salmon
must be landed and delivered to Gold Beach, Port Orford, or to
Brookings within 24 hours of each closure.
From Humbug Mountain, OR, to the Oregon-California border, the
commercial fishery opened April 15 and will continue through the
earlier of May 31 or attainment of the 3,600 chinook quota.
From Heceta Banks (43 deg.58'00'' N. lat.) to Humbug Mountain, OR,
the commercial fishery opened April 15 and will continue through June
30, then reopen August 1 through August 26, and then reopen September 1
through October 31.
From Cape Falcon to Heceta Banks (43 deg.58'00'' N. lat.), the
commercial fishery opened on April 15 and will continue through June
30, then reopen August 1 through August 28, and then reopen September 1
through October 31. See Oregon State regulations for a description of
the time and area closures at the mouth of Tillamook Bay.
Recreational 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. 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, the following restrictions apply:
If angling by any other means than trolling, then no more than two
single point, single shank, barbless circle hooks shall be used. The
distance between the two hooks must not exceed 5 in (12.7 cm) when
measured from the top of the eye of the top hook to the inner base of
the curve of the lower hook, and both hooks must be permanently tied in
place (hard tied). A circle hook is defined as a hook with a generally
circular shape and a point which turns inwards, pointing directly to
the shank at a 90 degree angle. Trolling is defined as: Angling from a
boat or floating device that is moving forward by means of a source of
power (other than drifting by means of the prevailing water current or
weather conditions) except when landing a fish.
Exception: Circle hooks are not required when artificial lures are
used without bait.
From Pigeon Point, CA, to the U.S.-Mexico border, the recreational
fishery which opened on March 14 will continue through September 7 with
a 2-fish daily bag limit and a 24 in (61.0 cm) minimum size limit.
From Point Arena to Pigeon Point, CA, the recreational fishery
which opened on March 28 will continue through November 1 with a 2-fish
daily bag limit and a 24 in (61.0 cm) minimum size limit. Except from
July 1 through September 7, the bag limit will be the first two fish
other than coho and no size limit. Sacramento Control Zone will be
closed from the season opening through March 31.
From Horse Mountain to Point Arena, CA, the recreational fishery
which opened on February 14 will continue through July 5, then reopen
August 1 through November 15 (the nearest Sunday to November 15) with a
2-fish daily bag limit and a 24 in (61.0 cm) minimum size limit for
both seasons.
From Humbug Mountain, OR, to Horse Mountain, CA, the recreational
fishery will open May 23 through June 10, then reopen June 21 through
July 5 and August 11 through September 13. All seasons include a one-
fish daily bag limit, but no more than four fish in seven consecutive
days; the Klamath Control Zone closed in August.
From Cape Falcon to Humbug Mountain, OR, the recreational fishery,
which opened April 15, will continue through July 5, then reopen August
1 through October 31. Both seasons include a 2-fish daily bag limit,
but no more than six fish in 7 consecutive days. Legal gear is limited
to artificial lures and plugs of any size, or bait no less than 6
inches (15.2 cm) long (excluding hooks and swivels). All gear must have
no more than two single point, single shank barbless hooks; divers are
prohibited; and flashers may be used only with downriggers.
B. North of Cape Falcon
From the U.S.-Canada border to Cape Falcon, ocean fisheries are
managed to protect depressed lower Columbia River fall chinook salmon
and Washington coastal and Puget Sound natural coho salmon stocks and
to meet ESA requirements for Snake River fall chinook salmon. 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.
All non-treaty commercial troll and recreational ocean fisheries
will be limited by either an overall 10,000 chinook quota, or impacts
on critical Washington coastal and Puget Sound natural stocks
equivalent to the preseason coho quota of 16,000. A preseason trade was
made of 4,000 coho from the commercial troll fishery to the
recreational fishery for 1,500 chinook. Between Leadbetter Point and
Cape Falcon, the recreational coho fishery will be a selective fishery
for marked hatchery coho.
Commercial Troll Fisheries
The commercial troll fishery for all salmon except coho will open
between the U.S.-Canada border and Cape Falcon, OR, on May 1 and
continue through June 15 or attainment of the 6,500 chinook quota. The
Columbia Control Zone is closed.
Recreational Fisheries
Recreational fisheries are divided into four subareas: Opening
dates, subarea quotas, bag limits, and area and gear restrictions are
described below. The fisheries in open subareas will begin on August 3
and continue through the earlier of September 24 or attainment of the
respective subarea coho quota. The recreational fisheries will be
limited by overall catch quotas of 3,500 chinook and 16,000 coho.
Chinook guidelines for the three subareas between Cape Alava, WA, and
Cape Falcon, OR, will provide a basis for inseason management
[[Page 24978]]
measures to restrain chinook harvest but will not serve as quotas.
From Leadbetter Point, WA, to Cape Falcon, OR, the fishery will be
for all salmon with a 8,000 coho subarea quota (1,000 coho of this
quota are allocated to hook-and-release mortality due to the selective
fishery regulation), open Sunday through Thursday only, with a 2-fish
daily bag limit, but no more than 1 chinook a day. All retained coho
must have a healed adipose fin clip, no more than four fish may be
retained in a calender week (Sunday through Saturday), and the area is
closed in the Columbia Control Zone. Inseason management may be used to
sustain season length and keep harvest within a guideline of 1,050
chinook.
From the Queets River to Leadbetter Point, WA, the fishery will be
for all salmon with a 7,400 coho subarea quota, open Sunday through
Thursday only, with a two-fish daily bag limit, but no more than 1
chinook and no more than four fish in a calender week (Sunday through
Saturday), and closed 0 to 3 miles (4.8 km) off shore. Inseason
management may be used to sustain season length and keep harvest within
a guideline of 2,350 chinook.
From Cape Alava to the Queets River, WA, the fishery will be for
all salmon with a 600 coho subarea quota, open 7 days per week with a
2-fish daily bag limit. Inseason management may be used to sustain
season length and keep harvest within a guideline of 100 chinook.
From the U.S.-Canada border to Cape Alava, WA, the fishery will be
closed.
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 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 quotas of 15,000 chinook (10,000 for the May-June chinook-
directed fishery and 5,000 for the August-September all-salmon fishery)
and 10,000 coho. The all-salmon-except-coho seasons open May 1 and
extend through June 30 or until the overall harvest guideline of 10,000
chinook is reached, whichever is earlier. The all-salmon seasons open
August 1 and extend through the earliest of September 15 or attainment
of the chinook or coho quotas. If the chinook quota from the May-June
fishery is not fully utilized, the excess fish may not be rolled into
the later all-salmon season. The minimum length restrictions for all
treaty ocean fisheries, excluding ceremonial and subsistence harvest,
is 24 in (61.0 cm) for chinook and 16 in (40.6 cm) for coho.
1999 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, 1999 fishing season openings
earlier than May 1 are also established in this notification. The
Council recommended and NMFS concurs that the following seasons will
open off California in 1999. The following recreational seasons have
two-fish daily bag limits and a minimum size limit of 24 in (61.0 cm)
for chinook salmon (see special gear restrictions B.5). From Pigeon
Point to the U.S.-Mexico border, a recreational fishery for all salmon
except coho will open on March 13. From Point Arena to Pigeon Point, a
recreational fishery for all salmon, except coho, will open on March
27. From Horse Mountain to Point Arena, a recreational fishery for all
salmon, except coho, will open on February 13. An experimental fishery
will open between Point Sur and the U.S.-Mexico Border for all salmon,
except coho, from April 2 through the earlier of April 29 or
achievement of a chinook quota. The experimental fishery is intended to
evaluate the contribution of Sacramento River winter chinook to the
commercial catch south of Point Sur during the month of April. Details
regarding the season, the chinook quota, and participating vessels will
be determined through an inseason recommendation of the Council at the
November 1998 meeting. At the March 1999 meeting, the Council will
consider in season recommendations to establish or modify management
measures for an all-salmon-except-coho fishery prior to May 1, in areas
off Oregon.
The following tables and text are the management measures
recommended by the Council and approved by NMFS for 1998 and, as
specified, for 1999.
Table 1.--Commercial Management Measures for 1998 Ocean Salmon Fisheries
[Note: This table contains important restrictions in parts A, B, C, and
D which must be followed for lawful participation in the fishery.]
A. SEASON DESCRIPTION
North of Cape Falcon
U.S.-Canada Border to Cape Falcon
May 1 through earlier of June 15 or 6,500 chinook quota. All salmon
except coho. Following any closure of this fishery, vessels must
land and deliver the fish within 48 hours of the closure. Columbia
Control Zone is closed (C.7.).
South of Cape Falcon
Cape Falcon to Heceta Banks (43 deg.58'00'' N. lat.)
April 15 through June 30; August 1 through August 28; and September
1 through October 31. All salmon except coho. See Oregon State
regulations for a description of the time and area closures at the
mouth of Tillamook Bay. See gear restriction (C.3.a.).
Heceta Banks (43 deg.58'00'' N. lat.) to Humbug Mountain
April 15 through June 30; August 1 through August 26; and September
1 through October 31. All salmon except coho. See gear restriction
(C.3.a.).
Humbug Mountain to the Oregon-California Border
April 15 through earlier of May 31 or 3,600 chinook quota. All
salmon except coho. See gear restriction (C.3.a.).
Sisters Rocks to Mack Arch
August 1 through earlier of August 31 or 1,400 chinook quota. All
salmon except coho. Season to follow a cycle of 2 days open/2 days
closed (August 1-2; 5-6; 9-10; 13-14; 17-18; etc.) and may be
modified inseason. Open only 0-4 nautical miles (7.4 km) off shore.
All salmon must be landed and delivered to Gold Beach, Port Orford
or Brookings within 24 hours of each closure. See gear restriction
(C.3.a.).
Oregon-California Border to Humboldt South Jetty
[[Page 24979]]
September 1 through earlier of September 30 or 6,000 chinook quota.
All salmon except coho. Landing limit of no more than 30 fish per
day. Klamath Control Zone closed (C.7.). All fish caught in this
area must be landed within this area. Under the State of Oregon
regulations, vessels with fish on board from this area that are
temporarily moored in Brookings, Oregon prior to landing in
California must first notify the Chetco River Coast Guard Station
via VHF channel 22A between the hours of 0500 and 2200 and provide
the name of the vessel, number of fish on board, and estimated time
of arrival. See gear restriction (C.3.b.).
Horse Mountain to Point Arena
September 1 through September 30. All salmon except coho. See gear
restriction (C.3.b.).
Point Arena to Point Reyes
August 1 through September 30. All salmon except coho. See gear
restriction (C.3.b.).
Fort Ross (38 deg.31'00'' N. lat.) to Point Reyes (test fishery inside 6
nautical miles (11.1 km))
July 5 through earlier of July 31 or an overall 3,000 chinook quota.
All salmon except coho. Season to be opened as follows: July 5
through earlier of July 11 or 1,000 chinook quota; July 12 through
earlier of July 18 or 1,000 chinook quota; and July 19 through
earlier of July 25 or the lesser of a 1,000 chinook quota or the
remainder of the overall 3,000 chinook quota. If sufficient overall
quota remains, the fishery will reopen on July 26 through the
earlier of July 31 or achievement of the overall quota. Open only
inside 6 nautical miles (11.1 km) off shore. Landing limit of no
more than 30 fish per day. All fish caught in this area must be
landed in Bodega Bay within 24 hours of each closure. Fish taken
outside the test fishery may not be landed at Bodega Bay during the
time authorized for test fishery landings. See gear restriction
(C.3.b.).
Point Reyes to Point San Pedro
July 1 through September 30. All salmon except coho. See gear
restriction (C.3.b.).
Point San Pedro to Point Sur (36 deg.18'00'' N. lat.)
May 1 through May 31; June 16 through September 30. All salmon
except coho. See gear restriction (C.3.b.).
Point Sur (36 deg.18'00'' N. lat.) to U.S.-Mexico Border
May 1 through September 30. All salmon except coho. See gear
restriction (C.3.b.).
Point Sur (36 deg.18'00'' N. lat.) to U.S.-Mexico Border in 1999
April 2 through the earlier of April 29 or achievement of a chinook
quota. All salmon except coho. The details of the season and the
chinook quota will be determined through an inseason recommendation
of the Council at its November 1998 meeting. See gear restriction
(C.3.b.).
B. MINIMUM SIZE LIMITS (INCHES)
Chinook Coho
--------------------------------------------
Area (when open) Total Total Pink
length Head-off length Head-off
North of Cape Falcon..................................... 28.0 21.5 ......... ......... None.
Cape Falcon to Oregon-California Border *................ *26.0 *19.5 ......... ......... None.
South of Oregon-California Border *...................... *26.0 *19.5 ......... ......... None.
* Chinook not less than 26 inches (19.5 inches head-off) taken in open seasons south of Cape Falcon may be
landed north of Cape Falcon only when the season is closed north of Cape Falcon.
Metric equivalents for chinook: 28.0 inches=71.1 cm, 26.0 inches=66.0 cm, 21.5 inches=54.6 cm, 19.5 inches=49.5
cm.
C. SPECIAL REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR 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, Spread and Gear Restrictions:
a. Off Oregon south of Cape Falcon, no more than 4
spreads are allowed per line.
b. Off California, no more than 6 lines are allowed
per vessel.
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 special management area landing
restrictions if prevented by unsafe weather
conditions or mechanical problems from meeting
those restrictions, and it complies with the State
of Washington's, Oregon's, or California's
requirement to notify the U.S. Coast Guard and
receive acknowledgement of such notification prior
to leaving the area. 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. Control Zone Definitions:
Columbia Control Zone--The ocean area at the
Columbia River mouth bounded by a line extending
for 6 nautical miles (11.1km) 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.13'06'' 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.
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) off 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.8. Incidental Halibut Harvest--The operator of a
vessel that has been issued an incidental halibut
harvest license may retain Pacific halibut caught
incidentally in Area 2A, during authorized
periods, while trolling for salmon. Incidental
harvest is authorized only during May and June
troll seasons and after July 31 if quota remains
and if announced on the NMFS hotline (phone 800-
662-9825).
[[Page 24980]]
Incidental harvest: license holders may land no
more than 1 halibut per each 8 chinook, except 1
halibut may be landed without meeting the ratio
requirement, and no more than 25 halibut may be
landed per trip. Halibut retained must meet the
minimum size limit of 32 inches (81.3 cm). The
Oregon Department of Fish and Wildlife and the
Washington Department of Fish and Wildlife will
monitor landings and if they are projected to
exceed the 25,344 pound (11.5 mt) preseason
allocation or the Area 2A non-Indian commercial
total allowable catch of halibut, NMFS will take
inseason action to close the incidental halibut
fishery.
License applications for incidental harvest must be
obtained from the International Pacific Halibut
Commission (phone 206-634-1838). Applicants must
apply prior to April 1 of each year.
C.9. Inseason Management--In addition to standard
inseason actions or inseason modifications already
noted under the season description, the Council
will consider inseason recommendations to: (1)
establish the chinook quota season opening April 2
and modify other season restrictions for the
fishery off California between Point Sur and the
U.S.-Mexico border, and (2) open the commercial
season for all salmon except coho prior to May 1
in areas off Oregon.
C.10. Consistent with Council management objectives, the
State of Oregon may establish additional late-
season, chinook-only fisheries in state waters.
Check state regulations for details.
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,
Oregon to Horse Mountain, California.
D. QUOTAS
D.1. North of Cape Falcon--All non-treaty troll and
recreational ocean fisheries will be limited by
overall quotas of either 10,000 chinook or 16,000
coho. Preseason species trade of 4,000 coho to the
recreational fishery for 1,500 chinook to the
commercial fishery. Therefore, the troll fishery
will be limited by overall catch quotas of 6,500
chinook and 0 coho.
D.2. Humbug Mountain to Oregon-California Border--The
troll fishery will be limited by a catch quota of
3,600 chinook.
D.3. Sisters Rocks to Mack Arch--The troll fishery will
be limited by a catch quota of 1,400 chinook.
D.5. Oregon-California Border to Humboldt South Jetty--
The troll fishery will be limited by a catch quota
of 6,000 chinook.
D.6. Fort Ross to Point Reyes--The troll fishery will be
limited by an overall catch quota of 3,000
chinook.
D.7. Point Sur to U.S.-Mexico Border--The troll fishery
in April 1999 will be limited by a chinook catch
quota to be determined by the Council at its
November 1998 meeting.
Table 2.--Recreational Management Measures for 1998 Ocean Salmon
Fisheries
[Note: This table contains important restrictions in parts A, B, C, and
D which must be followed for lawful participation in the fishery.]
A. SEASON DESCRIPTION
North of Cape Falcon
U.S.-Canada Border to Cape Alava
Closed.
Cape Alava to Queets River
August 3 through earlier of September 24 or 600 coho subarea quota.
All salmon. Open 7 days per week. 2 fish per day. 1 rod per angler.
Inseason management (C.6.) may be used to sustain season length and
keep harvest within a guideline of 100 chinook.
Queets River to Leadbetter Point
August 3 through earlier of September 24 or 7,400 coho subarea
quota. All salmon. Open Sunday through Thursday 2 fish per day, but
no more than 1 chinook per day and no more than 4 fish per calendar
week (Sunday through Saturday). Closed 0-3 miles (4.8 km) off
shore. 1 rod per angler. Inseason management (C.6.) may be used to
sustain season length and keep harvest within a guideline of 2,350
chinook.
Leadbetter Point to Cape Falcon
August 3 through earlier of September 24 or 7,000 coho subarea quota
(D.2.). All salmon. Open Sunday through Thursday 2 fish per day,
but no more than 1 chinook per day and all retained coho must have
a healed adipose fin clip. No more than 4 fish per calendar week
(Sunday through Saturday). 1 rod per angler. Columbia Control Zone
is closed (C.5.). Inseason management (C.6.) may be used to sustain
season length and keep harvest within a guideline of 1,050 chinook.
South of Cape Falcon
Cape Falcon to Humbug Mountain
April 15 through July 5 and August 1 through October 31. All salmon
except coho. Two fish per day. No more than 6 fish in 7 consecutive
days. 1 rod per angler. Legal gear limited to: artificial lures and
plugs of any size or bait no less than 6 inches (15.2 cm) long
(excluding hooks and swivels). All gear must have no more than 2
single point, single shank barbless hooks. Divers are prohibited
and flashers may only be used with downriggers. See Oregon State
regulations for a description of a closure at the mouth of
Tillamook Bay.
In 1999, the season does not open until May 1, or another date
specified in the 1999 management measures, unless it is opened by
inseason management (C.6.).
Humbug Mountain to Horse Mountain
May 23 through June 10; June 21 through July 5; August 11 through
September 13. All salmon except coho. One fish per day. No more
than 4 fish in 7 consecutive days. Klamath Control Zone (C.5.)
closed in August. One rod per angler (C.2.).
Horse Mountain to Point Arena
February 14 through July 5 and August 1 through November 15 (nearest
Sunday to November 15). All salmon except coho. 2 fish per day.
Chinook minimum size limit 24 inches. Special gear restriction C.3.
(number and type of hooks when angling by means other than
trolling). One rod per angler (C.2.).
In 1999, the season will open February 13 (nearest Saturday to
February 15) through April 30 for all salmon except coho, 2 fish
per day, same gear and minimum size restrictions as in 1998.
Point Arena to Pigeon Point
March 28 through November 1 (nearest Sunday to November 1). All
salmon except coho. 2 fish per day, chinook minimum size limit 24
inches, except--from July 1 through September 7, the bag limit will
be the first 2 fish (excluding coho)(no size limit). One rod per
angler (C.2.). Sacramento Control Zone (C.5.) closed from season
opening through March 31. Special gear restriction C.3. (number and
type of hooks when angling by means other than trolling).
In 1999, the season will open March 27 (last Saturday in March)
through April 30 with the same regulations that were in effect at
the end of 1998.
[[Page 24981]]
Pigeon Point to U.S.-Mexico Border
March 14 through September 7. All salmon except coho. Two fish per
day. Chinook minimum size limit 24 inches. One rod per angler north
of Point Conception (C.2.). Special gear restriction north of Point
Conception C.3. (number and type of hooks when angling by means
other than trolling).
In 1999, the season will open March 13 (nearest Saturday to March
15) through April 30 with the same regulations that were in effect
at the end of 1998.
B. MINIMUM SIZE LIMITS
Area (when open) Chinook Coho Pink
North of Cape Falcon.................. 24.0 16.0 None.
Cape Falcon to Horse Mountain......... 20.0 ......... None, except 20.0 off California.
South of Horse Mountain*.............. *24.0 ......... 20.0.
*Except July 1 through September 7 during the ``first 2 fish bag limit'' south of Point Arena to Pigeon Point.
Metric equivalents for chinook: 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, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS
C.1. Hooks--Single point, single shank barbless hooks
are required for all fishing gear north of Point
Conception, California. Oregon Department of Fish
and Wildlife regulations in the state-water
fishery off Tillamook Bay may allow the use of
barbed hooks to be consistent with inside
regulations.
C.2. Restriction on Number of Fishing Rods North of
Point Conception, California--All persons fishing
for salmon, and all persons fishing from a boat
with salmon on board, may use no more than one rod
per angler.
C.3. Special Gear Restrictions Between Horse Mountain
and Point Conception, California:
If angling by any other means than trolling, then
no more than 2 single point, single shank,
barbless circle hooks shall be used. The distance
between the 2 hooks must not exceed 5 inches (12.7
cm) when measured from the top of the eye of the
top hook to the inner base of the curve of the
lower hook, and both hooks must be permanently
tied in place (hard tied). A circle hook is
defined as a hook with a generally circular shape
and a point which turns inwards, pointing directly
to the shank at a 90 deg. angle. Trolling defined:
Angling from a boat or floating device that is
moving forward by means of a source of power
(other than drifting by means of the prevailing
water current or weather conditions) except when
landing a fish.
Exception: Circle hooks are not required when
artificial lures are used without bait.
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. 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. Control Zone Definitions:
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.
D. QUOTAS
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) off 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).
Sacramento Control Zone--The ocean area bounded by
a line commencing at Bolinas Point (Marin County,
37 deg.54'17'' N. lat., 122 deg.43'35'' W. long.)
southerly to Duxbury Buoy (37 deg.51'37'' N. lat.,
122 deg.41'43'' W. long.) to Channel Buoy 1 (37
deg.46'10'' N. lat., 122 deg.37'56'' W. long,) to
Channel Buoy 2 (37 deg.45'48'' N. lat., 122
deg.37'44'' W. long,) to Point San Pedro (San
Mateo County, 37 deg.35'40'' N. lat., 122
deg.31'10'' W. long.).
C.6. Inseason Management--Regulatory modifications may
become necessary inseason to meet preseason
management objectives such as quotas, harvest
guidelines and season duration. Actions could
include modifications to bag limits or days open
to fishing, and extensions or reductions in areas
open to fishing. At the March 1999 meeting, the
Council will consider an inseason recommendation
to open seasons for all salmon except coho prior
to May 1 in areas off Oregon.
The procedure for inseason coho transfer among
recreational subareas north of Cape Falcon will
be:
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.
C.7. Additional Seasons in State Territorial Waters--
Consistent with Council management objectives, the
states of Washington and Oregon may establish
limited seasons in state waters. Oregon state-
water fisheries are limited to chinook salmon.
Check state regulations for details.
D.1. North of Cape Falcon--All non-treaty troll and
recreational ocean fisheries will be limited by
overall quotas of either 10,000 chinook or 16,000
coho. Preseason species trade: 1,500 chinook to
the commercial fishery are exchanged for 4,000
coho to the recreational fishery. Therefore, the
recreational fishery will be limited by overall
catch quotas of 3,500 chinook and 16,000 coho.
Note: A coho allocation for the subarea from the
U.S.-Canada border to Cape Alava would be too
small to allow a one-day fishery. Representatives
from this subarea agreed to allocate all of the
ocean quota of coho for the subarea north of the
Queets River to the subarea from Cape Alava to the
Queets River in view that the area north of Cape
Alava has access to the fishery in Washington
State Statistical Area 4B.
D.2. Leadbetter Point to Cape Falcon--The coho
allocation for this subarea is 8,000 coho.
However, 1,000 coho of this quota are allocated to
hook-and-release mortality due to the selective
fishery regulation. Therefore, the recreational
fishery will be limited by a subarea catch quota
of 7,000 coho.
[[Page 24982]]
Table 3.--Treaty Indian Management Measures for 1998 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 *) Special
Tribe and area boundaries Open seasons Salmon species ---------------------- restrictions by
Chinook Coho area
MAKAH--That portion of the May 1 through All except coho........... 24 ......... Barbless hooks.
Fishery Management Area earlier of No more than 8
north of 48 deg.02'15'' N. June 30 or All....................... 24 16 fixed lines
lat. (Norwegian Memorial) chinook quota. per boat or no
and east of 125 deg.44'00'' August 1 more than 4
W. long. through hand-held
earliest of lines per
September 15 person.
or chinook or
coho quota.
QUILEUTE--That portion of May 1 through All except coho........... 24 ......... Barbless hooks.
the FMA between 48 earlier of No more than 8
deg.07'36'' N. lat. (Sand June 30 or All....................... 24 16 fixed lines
Pt.) and 47 deg.31'42'' N. chinook quota. per boat.
lat. (Queets River) and August 1
east of 125 deg.44'00'' W. through
long. earliest of
September 15
or chinook or
coho quota.
HOH--That portion of the FMA May 1 through All except coho........... 24 ......... Barbless hooks.
between 47 deg.54'18'' N. earlier of No more than 8
lat. (Quillayute River) and June 30 or All....................... 24 16 fixed lines
47 deg.21'00'' N. lat. chinook quota. per boat.
(Quinault River) and east August 1
of 125 deg.44'00'' W. long. through
earliest of
September 15
or chinook or
coho quota.
QUINAULT--That portion of May 1 through All except coho........... 24 ......... Barbless hooks.
the FMA between 47 earlier of No more than 8
deg.40'06'' N. lat. June 30 or All....................... 24 16 fixed lines
(Destruction Island) and 46 chinook quota. per boat.
deg.53'18'' N. lat. (Point August 1
Chehalis) and east of 125 through
deg.44'00'' W. long. earliest 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 area 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 are 15,000
chinook and 10,000 coho. The overall chinook quota
is divided into 10,000 chinook for the May-June
all-salmon-except-coho fishery and 5,000 chinook
for the August-September all-salmon season. If the
chinook quota from the May-June fishery is not
fully utilized, the excess fish may not be rolled
into the later all-salmon season. These quotas
include troll catches by the S'Klallam and Makah
tribes in Washington State Statistical Area 4B.
Halibut Retention
Under the authority of the Northern Pacific Halibut Act,
regulations governing the Pacific halibut fishery were published in the
Federal Register on March 18, 1997 (62 FR 12759). These regulations
appear at 50 CFR part 300. The regulations state that vessels
participating in the salmon troll fishery in Area 2A (all waters off
the States of Washington, Oregon, and California), which have obtained
the appropriate International Pacific Halibut Commission (IPHC)
license, may retain halibut caught incidentally during authorized
periods in conformance with provisions published with the annual salmon
management measures. A salmon troller may participate in the halibut
incidental catch fishery during the salmon troll season or in the
directed commercial fishery targeting halibut, but not both.
The following measures have been approved. The operator of a vessel
who has been issued an incidental halibut harvest license by the IPHC
may retain Pacific halibut caught incidentally in Area 2A, during
authorized periods, while trolling for salmon. Incidental harvest is
authorized only during May and June troll seasons and after July 31 if
halibut quota remains and if announced on the NMFS hotline (phone 800-
622-9825). License holders may land no more than 1 halibut per each 8
chinook, except 1 halibut may be landed without meeting the ratio
requirement, and no more than 25 halibut may be landed per trip.
Halibut retained must meet the minimum size limit of 32 inches (81.3
cm). The Oregon Department of Fish and Wildlife and Washington
Department of Fish and Wildlife will monitor landings and, if they are
projected to exceed the 25,344-pound (11.5-mt) preseason allocation or
the Area 2A non-Indian commercial total allowable catch of halibut,
NMFS will take inseason action to close the incidental halibut fishery.
License
[[Page 24983]]
applications for incidental harvest must be obtained from the IPHC.
Applicants must apply prior to April 1 of each year.
Gear Definitions and Restrictions
In addition to the gear restrictions shown in Tables 1, 2, and 3,
the following gear definitions and restrictions will apply.
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 no 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). 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 off shore'' are used in this
document, the distance is measured from the baseline from which the
territorial sea is measured.
Geographical landmarks referenced in this document are at the
following locations:
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.
Heceta Banks......................... 43 deg.58'00'' 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.
Fort Ross............................ 38 deg.31'00'' 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 Sur............................ 36 deg.18'00'' 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 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 is exempt from
review under E.O. 12866.
Section 660.411 of title 50, Code of Federal Regulations, requires
NMFS to publish an action implementing management measures for ocean
salmon fisheries each year and, if time allows, invite public comment
prior to the effective date. Section 660.411 further states that if,
for good cause, an action must be filed without affording a prior
opportunity for public comment, the measures will become effective;
however, public comments on the action will be received for a period of
15 days after filing of the action with the Office of 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 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, one in March and one in April. These
meetings are open to the public and public comment on the salmon
management measures is encouraged. In 1998, the Council recommended
management measures near the conclusion of its meeting on April 10,
which resulted in a short time frame for implementation.
In some areas, the season in 1998, compared with 1997, starts later
than May 1; the season starts on May 1 in 1998 where no season existed
in 1997; or the season started before May 1 in 1998 and continuing
regulations are required to prevent disruption of the fishery. A delay
in implementation of the management measures would allow inappropriate
openings or closures in some areas, thereby disregarding the needs of
the various stocks and causing adverse impacts not contemplated in the
design of the 1998 management measures. In light of the limited
available time and the adverse effect of delay, it is contrary to the
public interest to delay implementation of the management measures.
Therefore, NMFS has determined that good cause exists to waive the
requirements of 50 CFR 660.411 and 5 U.S.C. 553(b) for prior notice and
opportunity for prior public comments. For the same reasons, NMFS has
determined that good cause exists under 5 U.S.C. 553(d)(3) to waive the
30-day delay in effectiveness. For this action, NMFS will receive
public comments for 15 days from the date of filing this action with
the Office of the Federal Register.
The Council's Salmon Technical Team (STT) analyzed the impact of
the ocean commercial and recreational salmon seasons on the Sacramento
River winter chinook (listed as endangered in January 1994), Snake
River wild fall chinook (listed as threatened in April 1992), and
southern Oregon/northern California coast coho (listed as threatened in
April 1997).
In a March 8, 1996, biological opinion and in a February 18, 1997,
addendum, NMFS considered the impacts to salmon species listed under
the ESA resulting from fisheries conducted in conformance with the FMP.
A supplemental biological opinion and conference were issued April 30,
1997, which addressed impacts to newly listed species of coho and
steelhead for the period May 1, 1997, through April 30, 1998. Since the
issuance of the April 30, 1997, opinion, NMFS has listed four
additional populations of steelhead as threatened under the ESA and
proposed seven populations of chinook for listing. NMFS prepared a
supplemental biological opinion dated April 30, 1998, which addresses
the potential effects of ocean salmon fisheries to newly listed species
under the ESA, which concludes that incidental fishery impacts that
occur in the ocean salmon fishery will not jeopardize the continued
existence of central California coast coho, southern Oregon/northern
[[Page 24984]]
California coast coho, Umpqua River searun cutthroat trout, or any of
the listed populations of steelhead. In addition, NMFS sent a March 4,
1998, letter to the Council, summarizing its guidance on protective
measures for listed species and species that may be listed during the
1998 fishing season.
The Council's recommended management measures comply with NMFS
guidance, reasonable and prudent alternatives of jeopardy decisions,
and the incidental take conditions in the biological opinions. For
Snake River fall chinook, the STT estimated a 53 percent Snake River
fall chinook index for the ocean exploitation rate for all ocean
fisheries under the Council's recommended management measures compared
to NMFS jeopardy standard of 70 percent of the
1988-1993 average. For Sacramento River winter chinook, it is expected
that the required 31 percent increase in the spawner-to-spawner
replacement rate over the 1989-1993 base period will be achieved. The
Council's recommended management measures result in a 12 percent
exploitation rate for Rogue/Klamath hatchery coho stocks, and no
retention of coho in all areas south of Cape Falcon for the fourth
consecutive year.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 30, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-11957 Filed 4-30-98; 4:34 pm]
BILLING CODE 3510-22-P
