[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35144-35145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17010]
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DEPARTMENT OF COMMERCE
50 CFR Part 660
[Docket No. 960126016-6121-04; I.D. 062896A]
Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and
California; Closure from Point Arena, CA, to the U.S.-Mexican Border
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
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SUMMARY: NMFS announces that the recreational salmon fishery in the
area from Point Arena, CA, to the U.S.-Mexican border, in the exclusive
economic zone (EEZ), closes at 0001 hours, July 2, 1996 and will remain
closed until 0001 hours, July 15, 1996. The season in the EEZ will
reopen under the terms of the preseason announcement of the 1996
management measures. NMFS has determined that the 2-week closure is
necessary to offset the increased impacts on Sacramento River winter
chinook salmon resulting from the decision by the California Fish and
Game Commission (Commission) to delay implementing an increase in the
recreational minimum size limit for chinook salmon within state waters.
This action is necessary for ocean salmon fisheries to remain in
conformance with the March 8, 1996, biological opinion issued by NMFS
and is intended to provide protection to Sacramento River winter
chinook salmon.
DATES: Effective 0001 hours local time, July 2, 1996, through 0001
hours local time, July 15, 1996. Comments will be accepted through July
15, 1996.
ADDRESSES: Comments may be mailed to Hilda Diaz-Soltero, Director,
Southwest Region, National Marine Fisheries
[[Page 35145]]
Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132.
Information relevant to this notice has been compiled in aggregate form
and is available for public review during business hours at the
Southwest Regional Office, and at the Northwest Regional Office,
National Marine Fisheries Service, 7600 Sand Point Way NE., BIN C15700-
Bldg. 1, Seattle, WA 98115-0070.
FOR FURTHER INFORMATION CONTACT: Rodney R. McInnis or Daniel Viele,
310-980-4030.
SUPPLEMENTARY INFORMATION: Sacramento River winter chinook was listed
under the Endangered Species Act (ESA) in 1989. In response to
continuing and dangerously low abundance of winter chinook, NMFS issued
a March 8, 1996, biological opinion (revised April 5, 1996) which
required that ocean fishery impacts on winter chinook be reduced to the
extent that winter chinook spawning escapement would be increased by 35
percent compared to current levels. The 1996 ocean salmon management
measures (61 FR 20175, May 6, 1996) recommended by the Pacific Fishery
Management Council (Council) and approved and implemented by NMFS meet
the requirements of the biological opinion through a combination of
season reductions and increased minimum size limits.
The State of California acted in late April to conform its
commercial and recreational fishing regulations to the Council's
recommended management measures. On May 1, 1996, the Commission, which
regulates the recreational salmon fishery within state waters,
announced its intent to consider delaying implementation of the July 2
increase in the minimum size limit south of Point Arena for
recreationally caught chinook until August 26.
The Council considered the Commission's proposed action at its June
18-19 meeting in Seattle, WA. NMFS informed the Council that any state
actions resulting in an increase in winter chinook impacts would
trigger inseason action by NMFS to ensure the requirements of the
biological opinion would continue to be met. NMFS urged the Council to
recommend adjustments to the fishing seasons in the EEZ, which would
result in ocean salmon fisheries operating within the constraints of
the biological opinion, should the Commission delay implementation of
the July 2 minimum size limit increase. Despite advice from its Salmon
Technical Team (STT) that the decrease in winter chinook spawning
escapement resulting from the proposed delay would not meet ESA
requirements, the Council, at its June 18-19 meeting, recommended that
NMFS delay the minimum size limit increase in Federal waters as well.
The Council further advised NMFS to constrain any Federal regulatory
adjustments stemming from the Commission's actions to the California
recreational fishery.
On June 21, the Commission approved a July 15, 1996, date for the
increase in the minimum size limit for chinook in the recreational
salmon fishery south of Point Arena. A preliminary analysis by the STT
indicates that the difference between the winter chinook spawning
escapement increase expected under the NMFS approved and implemented
management measures and the Commission's delay to July 15 would be 0.7
percent. Although small, this difference results in winter chinook
impacts that do not meet the requirement of the biological opinion to
increase winter chinook spawning escapement by 35 percent.
NMFS has taken this inseason action to close the recreational
fishery in the EEZ during the same time period that the Commission has
delayed the increase in the minimum size limit in state waters.
Differing size limits in Federal and state waters are considered to be
unenforceable. Analysis of how to compensate in the EEZ for the 2-week
delay is made difficult by the lack of data partitioning recreational
effort between the EEZ and state waters, and an inability to predict
the portion of the recreational effort normally occurring in the EEZ
that will shift to state waters as a result of an EEZ closure. Data for
the commercial troll fishery off California in 1983 and 1984 indicate
67 percent of the catch occurred in the EEZ. However, there is no
reason to assume a similar distribution of the recreational effort.
Officials at the California Department of Fish and Game estimate that
perhaps 70 percent of the recreational effort in July may occur inside
state waters. If it is assumed that 30 percent of the recreational
fishing effort occurs in the EEZ and that no effort shift will result
from an EEZ closure, a 2-week closure of the EEZ to recreational
fishing in July would approximately compensate for the winter chinook
impacts caused by the 2-week delay in the minimum size limit in state
waters, according to the Winter Chinook Ocean Harvest Model. Based on
that analysis, NMFS expects that with this 2-week closure the ocean
fisheries will continue to meet the requirements of the biological
opinion. If, however, further analysis by the STT should indicate that
additional adjustments are required, NMFS will consider further
closures to salmon fisheries in the EEZ.
The Regional Director consulted with representatives of the Council
and the California Department of Fish and Game. Because of the need for
immediate action, NMFS has determined that good cause exists for this
notice to be issued without affording a prior opportunity for public
comment. This notice does not apply to other fisheries that may be
operating in other areas.
Classification
This action is authorized by 50 CFR 660.409 and 660.411 and is
exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 28, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-17010 Filed 6-28-96; 4:20 pm]
BILLING CODE 3510-22-F
