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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 660
Docket ID: [Docket No. 080428611-8612-01]
RIN ID: RIN 0648-AW60
NOTICE: RULES
DOCUMENT ACTION: Final rule; and a temporary rule for emergency action; request for comments.
SUBJECT CATEGORY: Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2008 Management Measures and a Temporary Rule
DATES: Final rule is effective from 0001 hours Pacific Daylight Time, May 1, 2008, until the effective date of the 2009 management measures, as published in the Federal Register. Temporary rule is effective from 0001 hours Pacific Daylight Time June 22, 2008, to 1159 hours Pacific Daylight Time August 31, 2008 or the attainment of the specific quota as listed below in section two of this rule. Comments must be received by May 16, 2008.
DOCUMENT SUMMARY: NMFS establishes fishery management measures for the 2008 ocean salmon fisheries off Washington, Oregon, California and the 2009 salmon seasons opening earlier than May 1, 2009. The temporary rule for emergency action (emergency rule), under the MagnusonStevens Fishery Conservation and Management Act (MagnusonStevens Act), implements the 2008 annual management measures for the west coast ocean salmon fisheries for the area from Cape Falcon, OR, to the Oregon/California Border from June 22 to August 31, 2008. The emergency rule is required because Sacramento River fall Chinook (SRFC) are projected to not meet their conservation objective of 122,000 to 180,000 natural and hatchery adult spawners established in the Pacific Coast Salmon Fishery Management Plan (Salmon FMP). 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 U.S. exclusive economic zone (EEZ) (3200 nm) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, nontreaty 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 to provide for inside fisheries (fisheries occurring in state internal waters).
SUMMARY: Fisheries Off West Coast States and in the Western Pacific;; West Coast Salmon Fisheries; 2008 Management Measures and a Temporary Rule,
SUPPLEMENTAL INFORMATION
Background The ocean salmon fisheries in the EEZ off Washington, Oregon, and California
[[Page 23972]]
are managed under a ``framework'' fishery management plan entitled the
Pacific Coast Salmon Fishery Management Plan (Salmon 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 Salmon FMP, by notification in the Federal Register.
These management measures for the 2008 and preMay 2009 ocean salmon fisheries were recommended by the Pacific Fishery Management Council (Council) at its April 7 to 11, 2008, meeting.
Schedule Used to Establish 2008 Management Measures
The Council announced its annual preseason management process for the 2008 ocean salmon fisheries in the Federal Register on January 2, 2008 (73 FR 169), and on their Web site at (http://www.pcouncil.org). This notice announced the availability of Council documents as well as the dates and locations of Council meetings and public hearings comprising the Council's complete schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures. The agendas for the March and April Council meetings were published in the Federal Register prior to the actual meetings.
In accordance with the Salmon FMP, the Council's Salmon Technical Team (STT) and staff economist prepared a series of reports for the Council, its advisors, and the public. The first of the reports was prepared in February when the scientific information necessary for crafting management measures for the 2008 and preMay 2009 ocean salmon fishery first became available. The first report, ``Review of 2007 Ocean Salmon Fisheries'', summarizes biological and socioeconomic data for the 2007 ocean salmon fisheries and assesses how well the Council's 2007 management objectives were met. The second report, ``Preseason Report I Stock Abundance Analysis for 2008 Ocean Salmon Fisheries'' (PRE I), provides the 2008 salmon stock abundance projections and analyzes the impacts on the stocks and Council management goals if the 2007 regulations and regulatory procedures were applied to the projected 2008 stock abundances. The completion of PRE I is the initial step in evaluating the full suite of preseason options.
The Council met in Sacramento, CA from March 10 to 14, 2008, to develop 2008 management options for proposal to the public. The Council proposed three options for commercial and recreational fisheries management for analysis and public comment. These options consisted of various combinations of management measures designed to protect weak stocks of coho and Chinook salmon and to provide for ocean harvests of more abundant stocks. After the March Council meeting, the Council's STT and staff economist prepared a third report, ``Preseason Report II Analysis of Proposed Regulatory Options for 2008 Ocean Salmon Fisheries,'' which analyzes the effects of the proposed 2008 management options. This report was made available to the Council, its advisors, and the public.
Public hearings, sponsored by the Council, to receive testimony on the proposed options were held on March 31, 2008, in Westport, WA and Coos Bay, OR; and April 1, 2008, in Eureka, CA. The States of Washington, Oregon, and California sponsored meetings in various forums that also collected public testimony, which was then presented to the Council by each state's Council representative. The Council also received public testimony at both the March and April meetings and received written comments at the Council office.
The Council met from April 7 to 11, 2008, in Seatac, WA, to adopt its final 2008 recommendations. Following the April Council meeting, the Council's STT and staff economist prepared a fourth report, ``Preseason Report III Analysis of CouncilAdopted Management Measures for 2008 Ocean Salmon Fisheries,'' which analyzes the environmental and socioeconomic effects of the Council's final recommendations. This report was also made available to the Council, its advisors, and the public. After the Council took final action on the annual ocean salmon specifications in April, it published the recommended management measures in its newsletter and also posted them on the Council Web site (http://www.pcouncil.org). Resource Status
At the start of the preseason planning process for the 2008 management season, NMFS provided a letter to the Council, dated February 26, 2008, summarizing its Endangered Species Act (ESA) consultation standards for listed species as required by the Salmon FMP. The Council's recommended management measures comply with NMFS ESA consultation standards and guidance for those listed salmon species which may be affected by Council fisheries. In most cases, the recommended measures are more restrictive than NMFS's ESA requirements.
NMFS provided guidance to the Council and a new biological opinion regarding the effects of the 2008 fisheries on Lower Columbia River (LCR) coho and LCR Chinook salmon. This will be the third year that NMFS has consulted on LCR coho. Since the listing of LCR coho in August 2005, the states of Oregon and Washington have been working with NMFS to develop and evaluate a management plan for LCR coho that can be used as the basis for their longterm management. The states have focused on use of a harvest matrix similar to the one used for Oregon Coast coho. Under the matrix the harvest allowed in a given year depends on indicators of marine survival and brood year escapement. Generally speaking, NMFS supports use of management planning tools that allow harvest rates to vary depending on the yearspecific circumstances. Although there has been progress in the development and review of the matrix, there is still work to be done before NMFS can reasonably conclude that the proposed harvest matrix provides the necessary long term protection for the species.
In the meantime, NMFS needed to provide guidance for the 2008 fisheries. In 2008, brood year and marine survival indicators were generally lower than they were in 2007. Given the circumstances the matrix would have allowed for a total exploitation rate of 11.7 percent. However, uncertainties related to selection of a particular longterm management strategy are such that it is still prudent to take a conservative approach to management until those questions can be resolved. Based on the above described circumstances, NMFS guidance to the Council was that ocean salmon fisheries, and fisheries in the mainstem Columbia River be managed subject to a total exploitation rate limit on LCR coho of 8 percent. As a consequence of this guidance the Council proposed to limit Council area fisheries to an exploitation rate of 6 percent recognizing that this provided for some fishing opportunity in the Columbia River. The resulting coho quota for the area north of Cape Falcon in 2008 is 44,350 compared to quotas of 178,000, 117,500 and 195,000 in the last three years.
NMFS reinitiated consultation on an earlier biological opinion
related to the effects on LCR Chinook. From 20022006 Council fisheries
were managed subject to a total exploitation rate limit of 49 percent
for the ``tule'' component of the listed evolutionarily significant unit (ESU). Since then, NMFS has been
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engaged in ongoing review of LCR tule Chinook in particular. In 2007,
the exploitation rate limit has been reduced to 42%. In 2008, the
allowable exploitation rate limit was reduced further to 41%. The
reduction in exploitation rate is intended to address the needs of the
ESU and the weaker populations in the ESU. NMFS intends to continue its
review of harvest and seeks to implement changes that are consistent
with the evolving information, the expected evolution of the hatchery
programs, and the long term goal of recovery articulated in the Lower
Columbia Salmon Recovery Plan. NMFS expects that further reductions in
the harvest on naturallyspawning fish may be required. Based on the
guidance provided, the Council proposed to limit Council fisheries such
that the total exploitation rate from all fisheries was 35.8 percent
and thus well below the limit. The Chinook catch quota for the area
north of Cape Falcon in 2008 is 77,500, compared to quotas of 67,500,
107,000 and 135,000 in the last three years. Because fisheries are so
restricted this year NMFS ESA requirements for all other listed
salmonids including Snake River fall Chinook, Puget Sound Chinook, and California Coastal Chinook will be met.
Emergency Rule
The Council's final recommendation for the ocean salmon fishing seasons that commence May 1st deviates from the Salmon FMP specifically with regard to meeting the Sacramento River fall Chinook (SRFC) conservation objective of 122,000180,000 natural and hatchery adult spawners. Under the circumstances, implementation of an Emergency Action under MagnusonStevens Act authority at section 305(c)(2)(B) is necessary to modify the conservation objective in the Salmon FMP in order to implement the Council's proposal. The Temporary Rule for Emergency Action applies to the area between Cape Falcon, Oregon, and the Oregon/California border.
The conservation objective for SRFC in the Salmon FMP requires a return of 122,000180,000 natural and hatchery adult spawners each year. The preseason forecast for SRFC for 2008 is at a record low, with a projected escapement of 59,100 hatchery and natural fish absent any further fishing south of Cape Falcon, OR. Under the Salmon FMP, a ``conservation alert'' is triggered when a stock is projected to fall below its conservation objective. Under such circumstances the Council is required to close salmon fisheries within Council jurisdiction that impact the stock.
Because of differences in stock composition and in how salmon fisheries are managed, the Council splits its management decisions geographically into North of Cape Falcon, OR (managed mostly by quotas), and South of Cape Falcon (managed mostly by seasons and trip limits). Cape Falcon is near the Columbia River in Oregon. Because annual management measures must meet the Salmon FMP conservation objectives of all the key stocks, fishing seasons are usually limited by the necessity of meeting the requirements for the least abundant stock. South of Cape Falcon, the dramatically low abundance of Sacramento River fall Chinook was the primary constraint for fisheries in Oregon and California.
When defining the area of impact NMFS considers the distribution of the stock, the magnitude of harvest impacts at the margin of that distribution and the relation of that distribution to existing fishery management boundaries. In 2006, when Klamath River fall Chinook were projected to be below their conservation objective, the area of impact was determined to be from Cape Falcon, Oregon, to Point Sur, California. This was designated as the impact area based on estimates indicating that the vast majority of harvest impacts, in this case 99%, occurred in the area. In 2008, there is a similar conservation concern for Sacramento River fall Chinook. Using the same rationale for SRFC, the area of impact that would be closed pursuant to the Salmon FMP would include the area from Cape Falcon, Oregon, to the U.S./Mexico Border where the vast majority of harvest impacts on SRFC occur. In this case, NMFS estimated that 99% of harvest mortality occurs in the area South of Cape Falcon, Oregon. Given the circumstances, any fishing in the impact area would have to be implemented through an emergency rule that modifies the Salmon FMP.
The process for setting this year's management measures was controversial given the proposed reductions in fishing opportunities and potential extensive closures. At both the March and April Council meetings, and the coastwide public hearings, there was substantial public participation and comments from the various fishing sectors and related industries regarding the proposed 2008 management measures. The majority of the comments expressed great concern that elimination of the ocean fisheries that impact SRFC, which typically comprises the majority of the catch in California and Oregon, would cause severe economic hardship to coastal communities in California and Oregon. Those testifying also spoke at length regarding concerns for the demise of the infrastructure that supports the fishing industry, as well as other related businesses, and thus the longterm consequences of a fishery closure or severe restrictions in 2008. The Council, in order to address the conservation concerns for SRFC, recommended closing the commercial salmon fishery South of Cape Falcon Oregon. They also recommended no recreational fishery off California. In order to protect SRFC and mitigate to some extent the adverse economic and social consequences of this year's restricted fishing season the Council recommended an emergency rule to implement only a small recreational fishery for hatchery marked coho in Oregon with a 9,000 fish quota, from Cape Falcon, OR, to the California/Oregon border from June 22 through August 31, 2008.
For NMFS, the key issue in considering whether to approve the
emergency rule was whether the proposed fishery would jeopardize the
capacity of the fishery to produce maximum sustainable yield (MSY) on a
continuing basis. NMFS used available information provided by the
Council's advisory bodies to assess the potential risk to SRFC. The
method developed by the STT for modeling impacts to SRFC was reviewed
favorably by the Council's Scientific and Statistical Committee. Using
this model, the projected mortality of SRFC is 55 fish. Furthermore,
not all of these fish would be expected to return to the Sacramento
River this year. Some of the fish would not mature and would remain in
the ocean in 2008. Others would be expected to die of natural causes.
The estimate of escapement absent fishing is 59,100; the proposed
fishery would reduce the escapement by a few tens of fish. Given the
magnitude of the fishery and the available information on anticipated
impacts to SRFC, NMFS concluded that the marginal decrease in
escapement that will result from the limited fishery in the SRFC impact
area proposed for 2008 does not jeopardize the capacity of the stock to
produce MSY on a continuing basis. NMFS further concluded that the
limited fishery in the SRFC impact area does not increase the
conservation concerns for SRFC while mitigating, to the degree
possible, some adverse effects to the fishing community. The vote of
the Council reflects their concurrence with NMFS' conclusion. The
Temporary Rule for Emergency Action to approve the 2008 annual
management measures for the west coast ocean salmon fisheries [[Page 23974]]
would cover the area from Cape Falcon, Oregon, to the Oregon/California
Border where the limited recreational marked hatchery coho fishery will occur.
Management Measures for 2008 Fisheries
The Councilrecommended ocean harvest levels and management measures for 2008 fisheries are designed to apportion the burden of protecting the weak stocks identified and discussed in PRE I 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 Salmon FMP, the requirements of the resource, and the socioeconomic factors affecting resource users. The recommendations are consistent with the requirements of the MagnusonStevens Fishery Conservation and Management Act and U.S. obligations to Indian tribes with federally recognized fishing rights, and U.S. international obligations regarding Pacific salmon. Accordingly, NMFS has adopted them.
North of Cape Falcon the 2008 management measures have a higher Chinook quota and a substantially lower coho quota relative to the 2008 season. The total allowable catch for 2008 is 77,500 Chinook and 44,350 marked hatchery coho; these fisheries are restricted to protect threatened Columbia River wild fall Chinook, threatened Lower Columbia natural coho, threatened Oregon Coastal Natural coho, and Hood Canal natural coho. Washington coastal and Puget Sound Chinook generally migrate to the far north and are not greatly affected by ocean harvests from Cape Falcon, OR, to the U.S.Canada border. Nevertheless, ocean fisheries in combination with fisheries inside Puget Sound were restricted in order to meet ESA related conservation objectives for Puget Sound Chinook. North of Cape Alava, WA, the Council recommends a provision prohibiting retention of chum salmon during August and September to protect ESA listed Hood Canal summer chum. The Council has recommended such a prohibition for the last seven years.
South of Cape Falcon, OR, the commercial salmon fishery is closed in 2008 because of the projected failure of the Sacramento River Fall Chinook to reach their conservation objective, even with no fishing on the stock. For the same reason, the only recreational fishery that will occur South of Cape Falcon is a small selective fishery off Oregon with a 9,000fish quota of marked hatchery coho. This is the fifth year the selective fishery includes the southern coastal area of Oregon. The Council's recommendations are below the 8percent exploitation rate permitted under ESA limitations for Oregon Coast Natural (OCN) coho stocks, with an expected 6.9percent OCN coho exploitation rate. The expected ocean exploitation rate for Rogue/Klamath coho is 1.0 percent, and is also below its exploitation rate limit of 13.0 percent. Treaty Indian Fisheries for 2008
The treatyIndian commercial troll fishery quota is 37,500 Chinook in ocean management areas and Washington State Statistical Area 4B combined. This quota is slightly higher than the 35,000Chinook quota in 2007. The fisheries include a Chinookdirected fishery in May and June (under a quota of 20,000 Chinook) and an allsalmon season beginning July 1 with a 17,500 Chinook subquota. The coho quota for the treatyIndian troll fishery in ocean management areas, including Washington State Statistical Area 4B for the JulySeptember period is 20,000 coho, a decrease from the 38,500coho quota in 2007.
Management Measures for 2009 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, the 2009 fishing seasons opening earlier than May 1 are also established in this action. The Council recommended, and NMFS concurs, that the commercial season off Oregon from Cape Falcon to Humbug Mountain, from Humbug Mountain to the Oregon/California border and the recreational season off Oregon from Cape Falcon to the Oregon/California border will open in 2009 as indicated in the Season Description section. At the March 2009 meeting, the Council may consider inseason recommendations to adjust the commercial season prior to May 1 in the areas off Oregon.
Inseason Actions
The following sections set out the management regime for the salmon fishery. Open seasons and days are described in sections 1, 2, and 3 of the 2008 management measures. Inseason closures in the commercial and recreational fisheries are announced on the NMFS hotline and through the U.S. Coast Guard Notice to Mariners as described in section 6. Other inseason adjustments to management measures are also announced on the hotline and through the Notice to Mariners. Inseason actions will also be published in the Federal Register as soon as practicable.
The following are the management measures recommended by the
Council and approved and implemented here for 2008 and, as specified, for 2009.
Section 1. Commercial Management Measures for 2008 Ocean Salmon Fisheries
Note: This section contains restrictions in parts A, B, and C
that must be followed for lawful participation in the fishery. Each
fishing area identified in part A specifies the fishing area by
geographic boundaries from north to south, the open seasons for the
area, the salmon species allowed to be caught during the seasons,
and any other special restrictions effective in the area. Part B specifies minimum size limits. Part C specifies special
requirements, definitions, restrictions and exceptions.
A. Season Description
North of Cape Falcon, OR U.S./Canada Border to Cape Falcon
May 3 through earlier of June 30 or 11,700 Chinook quota. Saturday
through Tuesday with a landing and possession limit of 50 Chinook per
vessel for each open period north of Leadbetter Point or 50 Chinook
south of Leadbetter Point (c.1). All salmon except coho (c.7). Cape
Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia
Control Zones closed (c.5). See gear restrictions and definitions (c.2,
C.3). Oregon State regulations require that fishers south of Cape
Falcon, OR intending to fish within this area notify the Oregon
Department of Fish and Wildlife (ODFW) before transiting the Cape
Falcon, OR line (45[deg]46'00'' N. lat.) at the following number: 541
8670300 Ext. 271. Vessels must land and deliver their fish within 24
hours of any closure of this fishery. Under state law, vessels must
report their catch on a state fish receiving ticket. Vessels fishing or
in possession of salmon while fishing north of Leadbetter Point must
land and deliver their fish within the area and north of Leadbetter
Point. Vessels fishing or in possession of salmon while fishing south
of Leadbetter Point must land and deliver their fish within the area
and south of Leadbetter Point, except that Oregon permitted vessels may
also land their fish in Garibaldi, Oregon. Oregon State regulations
require that all fishers landing salmon into Oregon from any fishery
between Leadbetter Point, Washington and Cape Falcon, Oregon must
notify ODFW within one hour of delivery or prior to transport away from
the port of landing by calling 5418670300 Ext. 271. Notification shall include vessel name and number, number of salmon by
[[Page 23975S]]
species, port of landing and location of delivery, and estimated time
of delivery. Inseason actions may modify harvest guidelines in later
fisheries to achieve or prevent exceeding the overall allowable troll harvest impacts (c.8).
July 1 through earlier of September 16 or 8,300 preseason Chinook guideline (c.8) or a 4,000marked coho quota (C.8.d). Open July 12, then Saturday through Tuesday thereafter. Landing and possession limit of 35 Chinook and 25 coho per vessel per open period north of Leadbetter Point or 35 Chinook and 25 coho south of Leadbetter Point (c.1). All Salmon except no chum retention north of Cape Alava, Washington in August and September (c.7). All coho must have a healed adipose fin clip (C.8.d). Gear restricted to plugs six inches (15.24 cm) or longer. See gear restrictions and definitions (c.2, C.3). Cape Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia Control Zones closed (c.5). Oregon State regulations require that fishers south of Cape Falcon, OR intending to fish within this area notify Oregon Department of Fish and Wildlife before transiting the Cape Falcon, OR line (45[deg]46'00'' N. lat.) at the following number: 5418670300 Ext. 271. Vessels must land and deliver their fish within 24 hours of any closure of this fishery. Under state law, vessels must report their catch on a state fish receiving ticket. Vessels fishing or in possession of salmon while fishing north of Leadbetter Point must land and deliver their fish within the area and north of Leadbetter Point. Vessels fishing or in possession of salmon while fishing south of Leadbetter Point must land and deliver their fish within the area and south of Leadbetter Point, except that Oregon permitted vessels may also land their fish in Garibaldi, Oregon. Oregon State regulations require that all fishers landing salmon into Oregon from any fishery between Leadbetter Point, Washington and Cape Falcon, Oregon must notify ODFW within one hour of delivery or prior to transport away from the port of landing by calling 5418670300 Ext. 271. Notification shall include vessel name and number, number of salmon by species, port of landing and location of delivery, and estimated time of delivery. Inseason actions may modify harvest guidelines in later fisheries to achieve or prevent exceeding the overall allowable troll harvest impacts (c.8).
South of Cape Falcon, OR Cape Falcon to Humbug Mountain
Closed in 2008. In 2009, the season will open March 15 for all salmon except coho. This opening could be modified following Council review at its March 2009 meeting.
Humbug Mountain to Oregon/California Border
Closed in 2008. In 2009, the season will open March 15 for all
salmon except coho. This opening could be modified following Council review at its March 2009 meeting.
Oregon/California Border to U.S./Mexico Border Closed.
B. Minimum Size (Inches) (See C.1)
Chinook Coho Area (when open) Pink
Total length Headoff Total length Headoff
North of Cape Falcon, OR........... 28.0 21.5 16.0 12.0 None
Cape Falcon to ORCA Border........ 28.0 21.5 16.0 12.0 ...........
ORCA Border to USMexico Border... .............. .............. .............. .............. ...........
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance with Minimum Size or Other Special Restrictions
All salmon on board a vessel must meet the minimum size, landing/ possession limit, or other special requirements for the area being fished and the area in which they are landed if the area is open. Salmon may be landed in an area that has been closed more than 96 hours only if they meet the minimum size, landing/possession limit, or other special requirements for the area in which they were caught. Salmon may be landed in an area that has been closed less than 96 hours only if they meet the minimum size, landing/possession limit, or other special requirements for the areas in which they were caught and landed.
States may require fish landing/receiving tickets to be kept on
board the vessel for 90 days after landing to account for all previous salmon landings.
C.2. Gear Restrictions: Salmon May Be Taken Only by Hook and Line Using Barbless Hooks
a. Single point, single shank, barbless hooks are required in all fisheries.
b. Cape Falcon, Oregon, to the OR/CA border: No more than 4 spreads are allowed per line.
c. OR/CA border to U.S./Mexico border: No more than 6 lines are allowed per vessel, and barbless circle hooks are required when fishing with bait by any means other than trolling.
C.3. Gear Definitions
Trolling defined: Fishing from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.
Troll fishing gear defined: One or more lines that drag hooks behind a moving fishing vessel. In that portion of the fishery management area (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.
Spread defined: A single leader connected to an individual lure or bait.
Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a 90[deg] angle.
C.4. Transit Through Closed Areas with Salmon on Board
It is unlawful for a vessel to have troll or recreational gear in the water while transiting any area closed to fishing for a certain species of salmon, while possessing that species of salmon; however, fishing for species other than salmon is not prohibited if the area is open for such species, and no salmon are in possession.
C.5. Control Zone Definitions
a. Cape Flattery Control ZoneThe area from Cape Flattery (48[deg]23'00'' N. lat.) to the northern boundary of the U.S. EEZ; and the area from Cape Flattery south to Cape Alava (48[deg]10'00'' N. lat.) and east of 125[deg]05'00'' W. long.
b. Mandatory Yelloweye Rockfish Conservation AreaThe area in
Washington Marine Catch Area 3 from 48[deg]00.00' N. lat.; 125[deg]14.00' W. long. to
[[Page 23976]]
48[deg]02.00' N. lat.; 125[deg]14.00' W. long. to 48[deg]02.00' N.
lat.; 125[deg]16.50' W. long. to 48[deg]00.00' N. lat.; 125[deg]16.50'
W. long. and connecting back to 48[deg]00.00' N. lat.; 125[deg]14.00' W. long.
c. Columbia Control ZoneAn area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between the
red lighted Buoy
d. Bandon High Spot Control ZoneThe area west of a line between 43[deg]07'00'' N. lat.; 124[deg]37'00'' W. long. and 42[deg]40'30'' N. lat; 124[deg] 52'0'' W. long. extending to the western edge of the exclusive economic zone (EEZ).
e. Klamath Control ZoneThe ocean area at the Klamath River mouth
bounded on the north by 41[deg]38'48'' N. lat. (approximately six
nautical miles north of the Klamath River mouth); on the west, by
124[deg]23'00'' W. long. (approximately 12 nautical miles off shore);
and on the south, by 41[deg]26'48'' N. lat. (approximately six nautical miles south of the Klamath River mouth).
C.6. Notification When Unsafe Conditions Prevent Compliance With Regulations
If prevented by unsafe weather conditions or mechanical problems from meeting special management area landing restrictions, vessels must notify the U.S. Coast Guard and receive acknowledgment of such notification prior to leaving the area. This notification shall include the name of the vessel, port where delivery will be made, approximate amount of salmon (by species) on board, and the estimated time of arrival.
C.7. Incidental Halibut Harvest
During authorized periods, the operator of a vessel that has been issued an incidental halibut harvest license may retain Pacific halibut caught incidentally in Area 2A while trolling for salmon. Halibut retained must be no less than 32 inches (81.28 cm) in total length, measured from the tip of the lower jaw with the mouth closed to the extreme end of the middle of the tail, and must be landed with the head on. License applications for incidental harvest must be obtained from the International Pacific Halibut Commission (phone: 2066341838). Applicants must apply prior to April 1 of each year. Incidental harvest is authorized only during May and June troll seasons and after June 30 if quota remains and if announced on the NMFS hotline (phone: 800662 9825). ODFW and Washington Department of Fish and Wildlife (WDFW) will monitor landings. If the landings are projected to exceed the 37,707 pound preseason allocation or the total Area 2A nonIndian commercial halibut allocation, NMFS will take inseason action to close the incidental halibut fishery.
Beginning May 1, license holders may land no more than one Pacific halibut per each two Chinook, except one Pacific halibut may be landed without meeting the ratio requirement, and no more than 35 halibut may be landed per open period. Pacific halibut retained must be no less than 32 inches in total length (with head on).
A ``Cshaped'' yelloweye rockfish conservation area (YRCA) is an
area to be voluntarily avoided for salmon trolling. NMFS and the
Council request salmon trollers voluntarily avoid this area in order to
protect yelloweye rockfish. The area is defined in the Pacific Council
Halibut Catch Sharing Plan in the North Coast subarea (Washington
marine area 3), with the following coordinates in the order listed: 48[deg]18' N. lat.; 125[deg]18' W. long.;
48[deg]18' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 125[deg]18' W. long.;
and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long. C.8. Inseason Management
In addition to standard inseason actions or modifications already noted under the season description, the following inseason guidance is provided to NMFS:
a. Chinook remaining from the May through June nonIndian commercial troll harvest guideline north of Cape Falcon may be transferred to the July through September harvest guideline on a fishery impact equivalent basis.
b. NMFS may transfer fish between the recreational and commercial fisheries north of Cape Falcon if there is agreement among the areas' representatives on the Salmon Advisory Subpanel (SAS).
c. At the March 2009 meeting, the Council will consider inseason recommendations for special regulations for any experimental fisheries (proposals must meet Council protocol and be received in November 2008).
d. If retention of unmarked coho is permitted in the area from the U.S./Canada border to Cape Falcon, Oregon, by inseason action, the allowable coho quota will be adjusted to ensure preseason projected mortality of critical stocks is not exceeded.
C.9. Consistent with Council Management Objectives
a. The State of Oregon may establish additional lateseason fisheries in state waters. Check state regulations for details.
b. The State of California may establish limited fisheries in selected state waters.
C.10. For the purposes of California Department of Fish and Game (CDFG)
Code, section 8232.5, the definition of the Klamath Management Zone
(KMZ) for the ocean salmon season shall be that area from Humbug Mt., Oregon, to Horse Mt., California.
Section 2. Recreational Management Measures for 2008 Ocean Salmon Fisheries
Note: This section contains restrictions in parts A, B, and C
that must be followed for lawful participation in the fishery. Each
fishing area identified in part A specifies the fishing area by
geographic boundaries from north to south, the open seasons for the
area, the salmon species allowed to be caught during the seasons,
and any other special restrictions effective in the area. Part B specifies minimum size limits. Part C specifies special
requirements, definitions, restrictions and exceptions.
A. Season Description
North of Cape Falcon, OR U.S./Canada Border to Leadbetter Point
June 1 through earlier of June 28 or a quota of 8,200 Chinook
(c.5). Tuesday through Saturday north of the Queets River (Neah Bay and
La Push Subareas) and Sunday through Thursday south of the Queets River
(Westport subarea). Chinook only, one fish per day. Chinook 24inch
(60.96 cm) total length minimum size limit (B). See gear restrictions
(c.2). Inseason management may be used to sustain season length and keep harvest within the overall
[[Page 23977]]
Chinook recreational TAC for north of Cape Falcon (c.5).
Leadbetter Point to Cape Falcon (Columbia River Subarea)
June 1 through earlier of June 28 or a subarea guideline of 5,300 Chinook (c.5). Seven days per week. Chinook only, one fish per day. Chinook 24inch (60.96 cm) total length minimum size limit (B). See gear restrictions (c.2). Inseason management may be used to sustain season length and keep harvest within the overall Chinook recreational TAC for north of Cape Falcon (c.5).
U.S./Canada Border to Cape Alava (Neah Bay)
July 1 through earlier of September 13 or 2,060 marked coho subarea quota with a subarea guideline of 950 Chinook (c.5). Tuesday through Saturday. All salmon two fish per day, no more than one of which can be a Chinook and no chum retention August 1 through Sept. 13. Chinook 24 inch total length minimum size limit (B). All retained coho must be marked with a healed adipose fin clip. See gear restrictions (c.2). Closed east of a true northsouth line running through Sail Rock in July. Beginning August 1, Chinook nonretention east of the Bonilla Tatoosh line (C.4.a) during Council managed ocean fishery. Inseason management may be used to sustain season length and keep harvest within the overall Chinook recreational TAC for north of Cape Falcon (C.5). Cape Alava to Queets River (La Push Subarea)
July 1 through earlier of September 13 or 540 marked coho subarea quota with a subarea guideline of 350 Chinook (C5). September 20 through earlier of October 5 or 50 marked coho quota or 100 Chinook quota (C5): In the area north of 47[deg]50[min]00[sec] N. lat. and south of 48[deg]00[min]00[sec] N. lat. (C.6). Tuesday through Saturday through September 13. All salmon, two fish per day, no more than one of which can be a Chinook. Chinook 24inch (60.96 cm) total length minimum size limit (B). All retained coho must be marked with a healed adipose fin clip. See gear restrictions (C.2). Inseason management may be used to sustain season length and keep harvest within the overall Chinook recreational TAC for north of Cape Falcon (C.5).
Queets River to Leadbetter Point (Westport Subarea)
June 29 through earlier of September 13 or 7,520 marked coho subarea quota with a subarea guideline of 5,100 Chinook (C.5). Sunday through Thursday. All salmon, two fish per day, no more than one of which can be a Chinook. Chinook 24inch total length minimum size limit (B). All retained coho must be marked with a healed adipose fin clip. See gear restrictions and definitions (C.2, C.3). Grays Harbor Control Zone closed beginning August 1 (C.4.b). Inseason management may be used to sustain season length and keep harvest within the overall Chinook recreational TAC for north of Cape Falcon (C.5).
Leadbetter Point to Cape Falcon (Columbia River Subarea)
June 29 through earlier of September 30 or 10,180 marked coho
subarea quota with any remainder of the 5,300 Chinook subarea guideline
from the June Chinook directed fishery (C.5). Sunday through Thursday.
All salmon, two fish per day, no more than one of which can be a
Chinook. Chinook 24inch (60.96 cm) total length minimum size limit
(B). All retained coho must be marked with a healed adipose fin clip.
See gear restrictions and definitions (C.2, C.3). Columbia Control Zone
closed (C.4.c). Inseason management may be used to sustain season
length and keep harvest within the overall Chinook recreational TAC for north of Cape Falcon (C.5).
South of Cape Falcon, OR Cape Falcon to the Oregon/California Border
June 22 through earlier of August 31 or a landed catch of 9,000 marked coho (C.6). Seven days per week. All salmon except Chinook, two fish per day (C.1). All retained coho must be marked with a healed adipose fin clip. Fishing in the Stonewall Bank groundfish conservation area restricted to trolling only on days the all depth recreational halibut fishery is open (see 70 FR 20304, June 24, 2005, and call the halibut fishing hotline 18006629825 for additional dates) (C.3, C.4.d). Open days may be adjusted inseason to utilize the available quota (C.5).
In 2009, the season between Cape Falcon and Humbug Mt. will open
March 15 for all salmon except coho, two fish per day (C.1). Chinook
minimum size limit of 24 inches (60.96 cm) total length (B). Oregon/California Border to U.S./Mexico Border
Closed.
B. Minimum Size (Total Length in Inches) (See C.1)
Area (when open) Chinook Coho Pink
North of Cape Falcon, OR............... 24.0 16.0 None
Cape Falcon to ORCA Border............ 24.0 16.0 None
ORCA Border to Horse Mountain......... ......... 16.0 .........
Horse Mt. to U.S.Mexico Border........ ......... ......... .........
Metric equivalents: 26.0 in = 66.0 cm, 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, 16.0 in = 40.6 cm.
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance With Minimum Size and Other Special Restrictions
All salmon on board a vessel must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Salmon may be landed in an area that is closed only if they meet the minimum size or other special requirements for the area in which they were caught.
Ocean Boat Limits: Off the coast of Washington, Oregon, and
California, each fisher aboard a vessel may continue to use angling
gear until the combined daily limits of salmon for all licensed and
juvenile anglers aboard has been attained (additional state restrictions may apply).
C.2. Gear Restrictions: Salmon May be Taken Only by Hook and Line Using Barbless Hooks
All persons fishing for salmon, and all persons fishing from a boat with salmon on board, must meet the gear restrictions listed below for specific areas or seasons.
a. U.S./Canada Border to Point Conception, California: No more than one rod may be used per angler; and no more than two single point, single shank barbless hooks are required for all fishing gear. [Note: ODFW regulations in the statewater fishery off Tillamook Bay may allow the use of barbed hooks to be consistent with inside regulations.]
b. Cape Falcon, Oregon, to Point Conception, California: Anglers must
[[Page 23978]]
use no more than two single point, single shank, barbless hooks.
c. Horse Mt., California, to Point Conception, California: Single point, single shank, barbless circle hooks (below) are required when fishing with bait by any means other than trolling, and no more than two such hooks shall be used. When angling with two hooks, the distance between the hooks must not exceed five inches when measured from the top of the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place (hard tied). Circle hooks are not required when artificial lures are used without bait.
C.3. Gear Definitions
a. Recreational fishing gear defined: Angling tackle consisting of a line with no more than one artificial lure or natural bait attached. 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. 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 four pounds (1.8 kg). While fishing off California north of Point Conception, no person fishing for salmon, and no person fishing from a boat with salmon on board, may use more than one rod and line. Fishing includes any activity which can reasonably be expected to result in the catching, taking, or harvesting of fish.
b. Trolling defined: Angling from a boat or floating device that is making way by means of a source of power, other than drifting by means of the prevailing water current or weather conditions.
c. Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a 90[deg] angle.
C.4. Control Zone Definitions
a. The BonillaTatoosh Line: A line running from the western end of Cape Flattery to Tatoosh Island Lighthouse (48[deg]23'30'' N. lat., 124[deg]44'12'' W. long.) to the buoy adjacent to Duntze Rock (48[deg]28'00'' N. lat., 124[deg]45'00'' W. long.), then in a straight line to Bonilla Point (48[deg]35'30'' N. lat., 124[deg]43'00'' W. long.) on Vancouver Island, British Columbia.
b. Grays Harbor Control ZoneThe area defined by a line drawn from the Westport Lighthouse (46[deg]53[min]18[sec] N. lat.,
124[deg]07[min]01[sec] W. long.) to Buoy
(46[deg]52[min]42[sec] N. lat., 124[deg]12'42'' W. long.) to Buoy
c. Columbia Control Zone: An area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between the
red lighted Buoy
d. Stonewall Bank Groundfish Conservation Area: The area defined by the following coordinates in the order listed:
44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92' W. long.
e. Klamath Control Zone: The ocean area at the Klamath River mouth bounded on the north by 41[deg]38'48[sec] N. lat. (approximately six nautical miles north of the Klamath River mouth); on the west, by 124[deg]23'00[sec] W. long. (approximately 12 nautical miles off shore); and, on the south, by 41[deg]26'48[sec] N. lat. (approximately 6 nautical miles south of the Klamath River mouth).
C.5. Inseason Management
Regulatory modifications may become necessary inseason to meet preseason management objectives such as quotas, harvest guidelines, and season duration. In addition to standard inseason actions or modifications already noted under the season description, the following inseason guidance is provided by NMFS:
a. Actions could include modifications to bag limits, or days open to fishing, and extensions or reductions in areas open to fishing.
b. Coho may be transferred inseason among recreational subareas north of Cape Falcon on an impact neutral basis to help meet the recreational season duration objectives (for each subarea) after conferring with representatives of the affected ports and the Council's SAS recreational representatives north of Cape Falcon.
c. Chinook and coho may be transferred between the recreational and commercial fisheries north of Cape Falcon on an impact neutral basis if there is agreement among the representatives of the Salmon Advisory Subpanel (SAS).
d. If retention of unmarked coho is permitted in the area from the U.S./Canada border to Cape Falcon, Oregon, by inseason action, the allowable coho quota will be adjusted to ensure preseason projected mortality of critical stocks is not exceeded.
C.6. Additional Seasons in State Territorial Waters
Consistent with Council management objectives, the States of
Washington, Oregon, and California may establish limited seasons in
state waters. Oregon Statewater fisheries are limited to Chinook salmon. Check state regulations for details.
Section 3. Treaty Indian Management Measures for 2008 Ocean Salmon Fisheries
Note: This section contains restrictions in parts A, B, and C which must be followed for lawful participation in the fishery. A. Season Descriptions
U.S./Canada Border to Cape Falcon
May 1 through the earlier of June 30 or 20,000 Chinook quota. All salmon except coho. If the Chinook quota for the MayJune fishery is not fully utilized, the excess fish cannot be transferred into the later allsalmon season. If the Chinook quota is exceeded, the excess will be deducted from the later allsalmon season. See size limit (B) and other restrictions (C).
July 1 through the earlier of September 15, or 17,500 preseason Chinook quota, or 20,000 coho quota.
All Salmon. See size limit (B) and other restrictions (C). [[Page 23979]]
B. Minimum Size (Inches)
Chinook Coho
Area (when open) Pink
Total length Headoff Total length Headoff
North of Cape Falcon, OR........................................... 24.0 18.0 16.0 12.0 None.
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm. C. Special Requirements, Restrictions, and Exceptions
C.1. Tribe and Area Boundaries
All boundaries may be changed to include such other areas as may
hereafter be authorized by a Federal court for that tribe's treaty fishery.
S'KLALLAMWashington State Statistical Area 4B (All).
MAKAHWashington State Statistical Area 4B and that portion of the FMA
north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of 125[deg]44'00'' W. long.
QUILEUTEThat portion of the FMA between 48[deg]07'36'' N. lat. (Sand
Pt.) and 47[deg]31'42'' N. lat. (Queets River) and east of 125[deg]44'00'' W. long.
HOHThat portion of the FMA between 47[deg]54'18'' N. lat. (Quillayute
River) and 47[deg]21'00'' N. lat. (Quinault River) and east of 125[deg]44'00'' W. long.
QUINAULTThat portion of the FMA between 47[deg]40'06'' N. lat.
(Destruction Island) and 46[deg]53'18'' N. lat. (Point Chehalis) and east of 125[deg]44'00'' W. long.
C.2. Gear Restrictions
a. Single point, single shank, barbless hooks are required in all fisheries.
b. No more than eight fixed lines per boat.
c. No more than four hand held lines per person in the Makah area fishery (Washington State Statistical Area 4B and that portion of the FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of 125[deg]44'00'' W. long.)
C.3. Quotas
a. The quotas include troll catches by the S'Klallam and Makah tribes in Washington State Statistical Area 4B from May 1 through September 15.
b. The Quileute Tribe will continue a ceremonial and subsistence fishery during the time frame of September 15 through October 15 in the same manner as in 2004, 2005, 2006, and 2007. Fish taken during this fishery are to be counted against treaty troll quotas established for the 2008 season (estimated harvest during the October ceremonial and subsistence fishery: 100 Chinook; 200 coho).
C.4. Area Closures
a. The area within a six nautical mile radius of the mouths of the Queets River (47[deg]31'42'' N. lat.) and the Hoh River (47[deg]45'12'' N. lat.) will be closed to commercial fishing.
b. A closure within two nautical miles 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.
Section 4. Halibut Retention
Under the authority of the Northern Pacific Halibut Act, NMFS promulgated regulations governing the Pacific halibut fishery which appear at 50 CFR part 300, subpart E. On March 7, 2008, NMFS published a final rule (73 FR 12280) to implement the International Pacific Halibut Commission's (IPHC) recommendations, to announce fishery regulations for U.S. waters off Alaska and fishery regulations for treaty commercial and ceremonial and subsistence fisheries, some regulations for nontreaty commercial fisheries for U.S. waters off the West Coast, and approval of and implementation of the Area 2A Pacific halibut Catch Sharing Plan and the Area 2A management measures for 2008. The regulations and management measures provide 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 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 by the IPHC, and implemented by NMFS. During authorized periods, the operator of a vessel that has been issued an incidental halibut harvest license may retain Pacific halibut caught incidentally in Area 2A while trolling for salmon. Halibut retained must be no less than 32 inches (81.28 cm) in total length, measured from the tip of the lower jaw with the mouth closed to the extreme end of the middle of the tail, and must be landed with the head on. License applications for incidental harvest must be obtained from the International Pacific Halibut Commission (phone: 206 6341838). Applicants must apply prior to April 1 of each year. Incidental harvest is authorized only during May and June troll seasons and after June 30 if quota remains and if announced on the NMFS hotline (phone: 8006629825). ODFW and WDFW will monitor landings. If the landings are projected to exceed the 37,707 pound preseason allocation or the total Area 2A nonIndian commercial halibut allocation, NMFS will take inseason action to close the incidental halibut fishery.
Beginning May 1, license holders may land no more than one Pacific halibut per each two Chinook, except one Pacific halibut may be landed without meeting the ratio requirement, and no more than 35 halibut may be landed per open period. Pacific halibut retained must be no less than 32 inches in total length (with head on).
NMFS and the Council request that salmon trollers voluntarily avoid a ``Cshaped'' YRCA (North Coast Recreational YRCA) in order to protect yelloweye rockfish. The area is defined in the Pacific Council Halibut Catch Sharing Plan in the North Coast subarea (WA marine area 3)(See section 1.C.7. for the coordinates).
Section 5. 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 Flattery, WA48[deg]23'00'' N. lat.
Cape Alava, WA48[deg]10'00'' N. lat.
Queets River, WA47[deg]31'42'' N. lat.
Leadbetter Point, WA46[deg]38'10'' N. lat.
Cape Falcon, OR45[deg]46'00'' N. lat.
Florence South Jetty, OR44[deg]00'54'' N. lat.
Humbug Mountain, OR42[deg]40'30'' N. lat.
OregonCalifornia Border42[deg]00'00'' N. lat.
Humboldt South Jetty, CA40[deg]45'53'' N. lat.
Horse Mountain, CA40[deg]05'00'' N. lat.
Point Arena, CA38[deg]57'30'' N. lat.
Point Reyes, CA37[deg]59'44'' N. lat.
Point San Pedro, CA37[deg]35'40'' N. lat.
Pigeon Point, CA37[deg]11'00'' N. lat.
[[Page 23980]]
Point Sur, CA36[deg]18'00'' N. lat.
Point Conception, CA34[deg]27'00'' N. lat.
Section 6. Inseason Notice Procedures
Actual notice of inseason management actions will be provided by a telephone hotline administered by the Northwest Region, NMFS, 206526 6667 or 8006629825, and by U.S. Coast Guard Notice to Mariners broadcasts. These broadcasts are announced on Channel 16 VHFFM 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 rule is necessary for conservation and management and is consistent with the MagnusonStevens Act.
The emergency rule temporarily modifying the conservation objective for Sacramento River fall Chinook is consistent with the agency's policy on use of emergency actions under the MagnusonStevens Act published at 62 FR 44422 (Thursday, August 21, 1997). The emergency, in this case, is a consequence of a predicted run size that is less than the lower end of the 122,000180,000 spawner escapement range. The run size forecast was not available until February of 2008 and was thus unforeseen. These emergency circumstances present serious conservation and management problems. The emergency regulations provide the opportunity to address the conservation problem consistent with the requirement to manage, on a continuing basis, for maximum sustained yield, and still provide some limited harvest opportunity. Without use of emergency regulations, the Pacific Coast Salmon Fishery Management Plan (Salmon FMP) would require closure of all salmon fishing south of Cape Falcon, Oregon, causing severe social and economic hardship in the coastal communities. The limited markselective recreational coho fishery off Oregon that will require the emergency regulations to implement will result in a marginal decrease in the SRFC escapement while alleviating some adverse effects to the fishing community.
This notification of annual management measures is exempt from review under Executive Order 12866.
The Assistant Administrator has determined that the measures described in the preamble that deviate from the framework FMP and its implementing regulations are necessary to respond to an emergency situation and are consistent with the MagnusonStevens Act and other applicable law. The measures falling under emergency authority of section 305(C) of the MagnusonStevens Act (emergency rule) involve an ocean impact of approximately 55 Sacramento River fall Chinook in the SRFC impact area to allow a markselective recreational fishery for hatchery coho to proceed off of Oregon. Because SRFC are not projected to meet the conservation objective established in the FMP, it is necessary to amend those portions of the framework FMP and its implementing regulations by emergency action pursuant to 16 U.S.C. 1855(C).
The provisions of 50 CFR 660.411 state 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 the date of publication in the Federal Register. NMFS will receive public comments on this action until May 16, 2008. These regulations are being promulgated under the authority of 16 U.S.C. 1855(C) and (d).
The Assistant Administrator for Fisheries, NOAA (AA) finds good cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior notice and opportunity for public comment, as such procedures are impracticable and contrary to the public interest.
The annual salmon management cycle begins May 1 and continues through April 30 of the following year. May 1 was chosen because the preMay harvests constitute a relatively small portion of the annual catch. The timeframe of the preseason process for determining the annual modifications to ocean salmon fishery management measures depends on when the pertinent biological data are available. Salmon stocks are managed to meet annual spawning escapement goals or specific exploitation rates. Achieving either of these objectives requires designing management measures that are appropriate for the ocean abundance predicted for that year. These preseason abundance forecasts, which are derived from the previous year's observed spawning escapement, vary substantially from year to year, and are not available until January and February because spawning escapement continues through the fall.
The preseason planning and public review process associated with developing Council recommendations is initiated in February as soon as the forecast information becomes available. The public planning process requires coordination of management actions of four states, numerous Indian tribes, and the Federal Government, all of which have management authority over the stocks. This complex process includes the affected user groups, as well as the general public. The process is compressed into a 2month period which culminates at the April Council meeting at which the Council adopts a recommendation that is forwarded to NMFS for review, approval and implementation of fishing regulations effective on May 1.
Providing opportunity for prior notice and public comments on the
Council's recommended measures through a proposed and final rulemaking
process would require 30 to 60 days in addition to the twomonth period
required for development of the regulations. Delaying implementation of
annual fishing regulations, which are based on the current stock
abundance projections, for an additional 60 days, would require that
fishing regulations for May and June be set in the previous year,
without knowledge of current stock status. Although this is currently
done for fisheries opening prior to May, relatively little harvest
occurs during that period (e.g. in 2006 less than 10 percent of
commercial and recreational harvest occurred prior to May 1). Allowing
the much more substantial harvest levels normally associated with the
May and June seasons to be regulated in a similar way would impair NMFS
ability to protect weak stocks and Endangered Species Act (ESA) listed
stocks, and provide harvest opportunity where appropriate. For example,
58,000 Chinook were caught off California during May and June of 2007.
If fishing were allowed in 2008 under last year's regulations a similar
number of Chinook could be caught. Under the recommended 2008
regulations, this May and June fisheries will be closed. Conversely,
north of Cape Falcon the recreational fishing was closed in May and
June of 2007. Under the recommended 2008 regulations, the recreational
fishery is open in June with a quota of 13,500. Managing fisheries in
May and June of 2008 under 2007 regulations would limit harvest
opportunity that could otherwise be available. The choice of May 1 as
the beginning of the regulatory season balances the need to gather and analyze
[[Page 23981]]
the data needed to meet the management objectives of the Salmon FMP and
the requirements to provide adequate public notice and comment on the regulations implemented by NMFS.
Overall, the annual population dynamics of the various salmon stocks require managers to vary the season structure of the various West Coast area fisheries to both protect weaker stocks and give fishers access to stronger salmon stocks, particularly hatchery produced fish. Failure to implement these measures immediately could compromise the status of certain stocks, or result in foregone opportunity to harvest stocks whose abundance has increased relative to the previous year thereby undermining the purpose of this agency action. Based upon the abovedescribed need to have these measures effective on May 1 and the fact that there is limited time available to implement these new measures after the final Council meeting in April and before the commencement of the ocean salmon fishing year on May 1, NMFS has concluded it is impracticable and contrary to the public interest to provide an opportunity for prior notice and public comment under 5 U.S.C. 553(b)(B).
The AA also finds tha
FOR FURTHER INFORMATION CONTACT Sarah McAvinchey at 206-526-4323, or Eric Chavez at 5629804064.
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14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 26 CFR Part 1 50 CFR Part 679 33 CFR Part 117 40 CFR Part 180 44 CFR Part 67 50 CFR Part 17 47 CFR Part 73 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 39 CFR Part 111 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 14 CFR Part 23 47 CFR Part 76 40 CFR Part 300 21 CFR Part 522 50 CFR Part 660 50 CFR Part 229 47 CFR Part 64 7 CFR Part 301 14 CFR Part 25