Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2009 Management Measures, 20610-20620 [E9-10308]
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[FR Doc. E9–10304 Filed 5–4–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 090324366–9371–01]
RIN 0648–AX81
Fisheries Off West Coast States and in
the Western Pacific; West Coast
Salmon Fisheries; 2009 Management
Measures
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; request for
comments.
SUMMARY: NMFS establishes fishery
management measures for the 2009
ocean salmon fisheries off Washington,
Oregon, and California and the 2010
salmon seasons opening earlier than
May 1, 2010. 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) (3–200 NM) off
Washington, Oregon, and California.
The management measures are intended
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to prevent overfishing and to apportion
the ocean harvest equitably among
treaty Indian, 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 to provide for
inside fisheries (fisheries occurring in
state internal waters).
DATES: Final rule is effective from 0001
hours Pacific Daylight Time, May 1,
2009, until the effective date of the 2010
management measures, as published in
the Federal Register.
Comments must be received by May
20, 2009.
ADDRESSES: You may submit comments,
identified by 0648–AX81, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 206–526–6736 Attn: Peggy
Busby, or 562–980–4047 Attn: Jennifer
´
Ise
• Mail: Barry A. Thom, Acting
Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070 or to Rod
McInnis, Regional Administrator,
Southwest Region, NMFS, 501 West
Ocean Boulevard, Suite 4200, Long
Beach, CA 90802–4213
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
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$75.
$75.
$75.
$75.
$150.
$250.
$32 per delivery.
$24 per list.
$150.
$48 per party.
$400.
$48 per party.
$150.
$25.
$250 per year.
$109 per hour.
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the documents cited in this
document are available from Dr. Donald
O. McIsaac, Executive Director, Pacific
Fishery Management Council, 7700 NE.
Ambassador Place, Suite 200, Portland,
OR 97220–1384, and are posted on its
Web site (www.pcouncil.org).
Send comments regarding the
reporting burden estimate or any other
aspect of the collection-of-information
requirements in these management
measures, including suggestions for
reducing the burden, to one of the
NMFS addresses listed above and to
David Rostker, Office of Management
and Budget (OMB), by e-mail at
David_Rostker@omb.eop.gov, or by fax
at (202)395–7285.
FOR FURTHER INFORMATION CONTACT:
Peggy Busby at 206–526–4323, or
´
Jennifer Ise at 562–980–4046.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ
off Washington, Oregon, and California
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
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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
2009 and pre-May 2010 ocean salmon
fisheries were recommended by the
Pacific Fishery Management Council
(Council) at its April 2 to 9, 2009,
meeting.
Schedule Used to Establish 2009
Management Measures
The Council announced its annual
preseason management process for the
2009 ocean salmon fisheries in the
Federal Register on December 18, 2008
(73 FR 77010), and on their Web site at
(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 and on the Council’s
Web site 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. All four
reports were posted on the Council’s
web site and otherwise made available
to the Council, its advisors, and the
public upon their completion. The first
of the reports was prepared in February
when the scientific information
necessary for crafting management
measures for the 2009 and pre-May 2010
ocean salmon fishery first became
available. The first report, ‘‘Review of
2008 Ocean Salmon Fisheries,’’
summarizes biological and socioeconomic data for the 2008 ocean
salmon fisheries and assesses how well
the Council’s 2008 management
objectives were met. The second report,
‘‘Preseason Report I Stock Abundance
Analysis for 2009 Ocean Salmon
Fisheries’’ (PRE I), provides the 2009
salmon stock abundance projections and
analyzes the impacts on the stocks and
Council management goals if the 2008
regulations and regulatory procedures
were applied to the projected 2009 stock
abundances. The completion of PRE I is
the initial step in evaluating the full
suite of preseason options.
Following completion of the first two
reports, the Council met in Seattle, WA
from March 7 to 13, 2009, to develop
2009 management options for proposal
to the public. The Council proposed
three options for commercial and
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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 2009 Ocean
Salmon Fisheries,’’ which analyzes the
effects of the proposed 2009
management options.
Public hearings, sponsored by the
Council, to receive testimony on the
proposed options were held on March
30, 2009, in Westport, WA and Coos
Bay, OR; and March 31, 2009, 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 2 to 9,
2009, in Millbrae, CA to adopt its final
2009 recommendations. Following the
April Council meeting, the Council’s
STT and staff economist prepared a
fourth report, ‘‘Preseason Report III
Analysis of Council-Adopted
Management Measures for 2009 Ocean
Salmon Fisheries,’’ which analyzes the
environmental and socio-economic
effects of the Council’s final
recommendations. 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 (www.pcouncil.org).
Resource Status
Fisheries south of Cape Falcon, OR
are limited primarily by the status of
Sacramento River fall Chinook salmon.
Fisheries north of Cape Falcon are
limited by Lower Columbia River
Chinook salmon, Lower Columbia River
coho salmon, and Oregon Coast coho,
stocks which are all listed under the
Endangered Species Act (ESA), and by
Thompson River coho from Canada. At
the start of the preseason planning
process for the 2009 management
season, NMFS provided a letter to the
Council, dated March 3, 2009,
summarizing its ESA consultation
standards for listed species as required
by the Salmon FMP. The Council’s
recommended management measures
comply with NMFS ESA consultation
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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.
The Sacramento River fall Chinook
salmon stock (SRFC) failed to meet its
conservation objective of 122,000–
180,000 adult natural and hatchery
spawners in 2007 and 2008 (87,881 and
66,264 spawners respectively). The
preseason forecast for SRFC escapement
in 2009, in the absence of fishing, is
122,200. SRFC is the major contributing
stock to ocean Chinook salmon fisheries
off Oregon and California. To conserve
this stock, the Council proposed no
commercial fisheries on Chinook
salmon for 2009 ocean fisheries south of
Cape Falcon, Oregon, and a recreational
Chinook salmon fishery that is restricted
in time and place to target Klamath
River fall Chinook salmon, which are
projected to be well above their
escapement goal. In addition to ocean
fishing, SRFC is vulnerable to in-river
fisheries that target late fall Chinook
salmon, a separately managed stock.
The in-river fishery is managed by the
State of California and is thus outside
the Council’s jurisdiction. In March
2009, the Council’s Salmon Technical
Team met with representatives of the
California Department of Fish and
Game; it was agreed at this meeting that
if the late fall Chinook salmon fishery
were to begin after November 15, and
occur only between Knights Landing
and Red Bluff Diversion Dam, incidental
harvest of SRFC would be negligible.
The California Fish and Game
Commission met on April 21, 2009 and
confirmed that the Sacramento River
late fall Chinook salmon fishery in 2009
will occur November 16 through
December 31, and occur only between
Knights Landing and Red Bluff
Diversion Dam, resulting in negligible
incidental harvest of SRFC.
NMFS consulted under ESA section 7
and provided guidance to the Council
regarding the effects of the 2009
fisheries on the Lower Columbia River
(LCR) Chinook salmon Evolutionarily
Significant Unit (ESU). NMFS has
completed a Biological Opinion
concluding that the proposed 2009
fisheries are not likely to jeopardize the
continued existence of LCR Chinook.
The LCR Chinook salmon ESU is
comprised of a spring component, a
‘‘far-north’’ migrating bright component,
and a component of north migrating
tules. The bright and tule components
both have fall run timing. The 2004
Interim Regional Recovery Plan
identified twenty-one separate
populations within the tule component
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of this ESU. Unlike the spring or bright
populations of the ESU, LCR tule
populations are caught in large numbers
in Council fisheries, as well as fisheries
to the north and in the Columbia River.
Therefore this component of the ESU is
the one most likely to constrain Council
area fisheries. Total exploitation rate on
tule populations has been reduced from
49 percent in 2006, to 42 percent in
2007, and then to 41 percent in 2008.
The United States recently approved
a new Pacific Salmon Treaty (PST)
Agreement that was negotiated and
recommended by the Pacific Salmon
Commission. That Agreement includes a
new Chinook salmon regime that
reduces the allowable annual Chinook
salmon catch by 30 percent in Canada’s
West Coast Vancouver Island (WCVI)
troll and sport fishery and 15 percent in
Alaska’s Southeast Alaska all-gear
fishery. Lower Columbia River tule
Chinook salmon in particular will
benefit from the reduction in the WCVI
fishery. The United States negotiated for
harvest reductions in Canadian
intercepting fisheries largely to benefit
the escapement of natural origin stocks.
LCR tule and Puget Sound Chinook
salmon were specifically identified to
Canada as the intended beneficiaries of
these reductions. NMFS indicated in its
biological opinion on the PST
Agreement that it intended to ensure
that reductions in tule harvest secured
by the new agreement would be passed
through to escapement. In 2008 the total
exploitation rate on LCR tule Chinook
salmon was limited to a maximum of 41
percent. NMFS estimated in its
biological opinion on the new PST
Agreement that the catch reductions in
the northern fisheries would reduce the
exploitation rate on tule Chinook
salmon by approximately three
percentage points relative to what
would have occurred under the
previous Chinook salmon regime.
Therefore, for 2009, Council fisheries
should be managed such that the total
exploitation rate in all fisheries on LCR
tule Chinook salmon does not exceed 38
percent. This reduction is a further step
intended to address the needs of the
LCR Chinook salmon ESU and the
weaker tule populations in the ESU in
particular. NMFS intends to develop a
longer-term biological opinion for LCR
Chinook salmon in 2010 that will
provide more certainty regarding
harvest limits that would be required for
LCR Chinook salmon in the future.
In 2008, NMFS conducted section 7
consultation and issued a biological
opinion regarding the effects of Council
fisheries and fisheries in the Columbia
River on LCR coho. The states of Oregon
and Washington have focused on use of
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a harvest matrix for LCR coho,
developed by Oregon, following their
listing under Oregon’s State ESA. Under
the matrix the allowable harvest in a
given year depends on indicators of
marine survival and brood year
escapement. The matrix has both ocean
and in-river components which can be
combined to define a total exploitation
rate limit for all ocean and in-river
fisheries. Generally speaking, NMFS
supports use of management planning
tools that allow harvest to vary
depending on the year-specific
circumstances. Conceptually, we think
Oregon’s approach is a good one.
However, NMFS has taken a more
conservative approach for LCR coho in
recent years because of unresolved
issues related to application of the
matrix. NMFS will continue to apply
the matrix as we have in the past, by
limiting the total harvest to that allowed
under the matrix for the ocean fisheries.
For 2009, the harvest matrix prescribes
an ocean exploitation rate of 20 percent,
and a combined ocean and freshwater
exploitation rate of 29.2 percent.
However, under these circumstances,
the 2008 biological opinion limits the
overall exploitation rate to that specified
in the ocean portion of the matrix. As
a consequence, ocean salmon fisheries
under the Council’s jurisdiction in 2009,
and commercial and recreational
salmon fisheries in the mainstem
Columbia River, including select area
fisheries (e.g., Youngs Bay), must be
managed subject to a total exploitation
rate limit on LCR coho not to exceed 20
percent. Recommended management
measures that would affect LCR coho
are consistent with this requirement.
The ESA listing status of Oregon
Coast (OC) coho has changed over the
years. On February 11, 2008, NMFS
again listed OC coho as threatened
under the ESA (73 FR 7816 February 11,
2008). Regardless of their listing status,
the Council has managed OC coho
consistent with the terms of
Amendment 13 of the Salmon FMP and
subsequent guidance provided by the
2000 ad hoc Work Group appointed by
the Council. NMFS concluded that the
management provisions for OC coho
would not jeopardize the continued
existence of the ESU through its section
7 consultation on Amendment 13 in
1999, and has since supported use of the
expert advice provided by the Council’s
ad hoc Work Group. For the 2009
season, the applicable spawner status is
in the ‘‘low’’ category while the marine
survival index is in the ‘‘medium’’
category. Under this circumstance, the
Work Group report requires that the
exploitation rate be limited to no more
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than 15 percent. Recommended
management measures that would affect
OC coho are consistent with this
requirement.
Interior Fraser (Thompson River)
coho, a Canadian stock, continues to be
depressed, remaining in the ‘‘low’’
status category under the Pacific Salmon
Treaty and, along with LCR coho, is the
coho stock most limiting the 2009 ocean
fisheries north of Cape Falcon. The
recommended management measures
satisfy the maximum 10.0 percent total
U.S. exploitation rate called for by the
Pacific Salmon Treaty agreements and
the Salmon FMP, with a marine
exploitation rate of 9.8 percent in U.S.
fisheries.
Management Measures for 2009
Fisheries
The Council-recommended ocean
harvest levels and management
measures for the 2009 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
Magnuson-Stevens 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 2009
management measures have a similar
Chinook salmon quota and a
substantially higher coho quota relative
to the 2008 season. The total allowable
catch for 2009 is 80,000 Chinook and
270,000 marked hatchery coho. These
fisheries are restricted to protect
threatened Lower Columbia River
Chinook, threatened Lower Columbia
River coho, threatened Oregon Coastal
Natural coho, and coho salmon from the
Thompson River in Canada. Washington
coastal and Puget Sound Chinook
generally migrate to the far north and
are not significantly affected by ocean
harvests from Cape Falcon, OR, to the
U.S.-Canada border. Nevertheless, ocean
fisheries in combination with fisheries
inside Puget Sound are also restricted in
order to meet ESA related conservation
objectives for Puget Sound Chinook.
North of Cape Alava, WA, the Council
recommended a provision prohibiting
retention of chum salmon during
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August and September to protect ESA
listed Hood Canal summer chum. The
Council has recommended such a
prohibition for the last eight years.
South of Cape Falcon, OR, the
commercial salmon fishery will be
limited to an 11,000-fish quota of coho
between Cape Falcon and Humbug
Mountain, Oregon. There will be no
commercial salmon fishery on Chinook
salmon south of Cape Falcon in 2009
because Sacramento River Fall Chinook
salmon are projected to be at the lower
end of the range of their conservation
objective, even with no fishing on the
stock. Recreational fisheries south of
Cape Falcon will have a quota of
117,000 marked hatchery coho, thus
providing increased opportunity for
coho fishing off Oregon compared to
2008. Recreational fisheries for Chinook
salmon south of Cape Falcon will be
limited to a 10-day season, August 29
through September 7, in the Klamath
Management Zone (Humbug Mountain,
Oregon to Horse Mountain, California)
with a quota of 30,800 Chinook salmon.
The treaty-Indian commercial troll
fishery quota is 39,000 Chinook in
ocean management areas and
Washington State Statistical Area 4B
combined. This quota is slightly higher
than the 37,500–Chinook quota in 2008.
The fisheries include a Chinookdirected fishery in May and June with
a quota of 19,000 Chinook, and an allsalmon season beginning July 1 with a
20,000 Chinook sub-quota. The coho
quota for the treaty-Indian troll fishery
in ocean management areas, including
Washington State Statistical Area 4B, for
the July-September period is 60,000
coho, a substantial increase from the
20,000-coho quota in 2008.
Management Measures for 2010
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 2010 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 Humbug Mountain and
off California south of Horse Mountain
will open in 2010 as indicated in the
Season Description section. At the
March 2010 meeting, the Council may
consider inseason recommendations to
adjust the commercial season prior to
May 1 in the areas off Oregon and
California.
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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
2009 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
2009 and, as specified, for 2010.
Section 1. Commercial Management
Measures for 2009 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 1 through the earlier of June 30
or 13,735 Chinook quota. Open May 1–
5, 8–12, then Saturday through Tuesday
thereafter with a landing and possession
limit of 75 Chinook per vessel for each
open period north of Leadbetter Point or
75 Chinook south of Leadbetter Point
(C.1, C.8.e). All salmon except coho
(C.7). Mandatory Yelloweye Rockfish
Conservation Area, Cape Flattery 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 Oregon Department of Fish
and Wildlife before transiting the Cape
Falcon, OR line (45°46′00″ N. lat.) at the
following number: 541–867–0300 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
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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 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 541–867–0300 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).
July 1 through the earlier of
September 15 or 6,765 preseason
Chinook guideline (C.8) or a 33,600
marked coho quota (C.8.d). Open July 1–
7, then Saturday through Tuesday
thereafter, with a landing and
possession limit of 40 Chinook and 200
coho per vessel for each open period
north of Leadbetter Point or 40 Chinook
and 200 coho south of Leadbetter Point
(C.1, C.8.e). All Salmon except no chum
retention north of Cape Alava,
Washington beginning August 1 (C.7).
All coho must be marked (C.8.d).
Mandatory Yelloweye Rockfish
Conservation Area, Cape Flattery 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°46′00″ N. lat.) at the following
number: 541–867–0300 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 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
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transport away from the port of landing
by calling 541–867–0300 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
September 1 through the earlier of
September 30 or an 11,000 preseason
coho quota (C.8.f). All salmon except
Chinook (B, C.8.f, C.9). Seven days per
week with a landing and possession
limit of 100 coho per vessel per calendar
week (Sunday through Saturday) (C.1,
C.8.e), no coho mark-selective
restriction (C.7). All vessels fishing in
the area must land their fish in the State
of Oregon. See gear restrictions and
definitions (C.2, C.3) and Oregon State
regulations for a description of special
regulations at the mouth of Tillamook
Bay.
In 2010, the season will open March
15 for all salmon except coho, with a 27
inch Chinook minimum size limit. This
opening could be modified following
Council review at its March 2010
meeting.
Humbug Mountain to Oregon/California
Border
Closed in 2009. In 2010, the season
will open March 15 for all salmon
except coho, with a 27 inch Chinook
minimum size limit. This opening could
be modified following Council review at
its March 2010 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
North of Cape Falcon, OR .......................................................................
Cape Falcon to OR-CA Border ................................................................
OR-CA Border to US-Mexico Border .......................................................
Head-off
Total length
Head-off
28.0
—
....................
21.5
—
....................
16.0
16.0
....................
12.0
12.0
....................
None.
None.
....................
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, 16.0in = 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:
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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 °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 Zone—The
area from Cape Flattery (48°23′00″ N.
lat.) to the northern boundary of the
U.S. EEZ; and the area from Cape
Flattery south to Cape Alava (48°10′00″
N. lat.) and east of 125°05′00″ W. long.
b. Mandatory Yelloweye Rockfish
Conservation Area—The area in
Washington Marine Catch Area 3 from
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Fmt 4700
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48°00.00′ N. lat.; 125°14.00′ W. long. to
48°02.00′ N. lat.; 125°14.00′ W. long. to
48°02.00′ N. lat.; 125°16.50′ W. long. to
48°00.00′ N. lat.; 125°16.50′ W. long.
and connecting back to 48°00.00′ N. lat.;
125°14.00′ W. long.
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
#4 (46°13′35’’ N. lat., 124°06′50’’ W.
long.) and the green lighted Buoy #7
(46°15′09″ N. lat., 124°06′16″ W. long.);
on the east, by the Buoy #10 line which
bears north/south at 357° true from the
south jetty at 46°14′00″ N. lat.,
124°03′07″ W. long. to its intersection
with the north jetty; on the north, by a
line running northeast/southwest
between the green lighted Buoy #7 to
the tip of the north jetty (46°15′48″ N.
lat., 124°05′20″ W. long.), and then
along the north jetty to the point of
intersection with the Buoy #10 line;
and, on the south, by a line running
northeast/southwest between the red
lighted Buoy #4 and tip of the south
jetty (46°14′03″ N. lat., 124°04′05″ W.
long.), and then along the south jetty to
the point of intersection with the Buoy
#10 line.
d. Bandon High Spot Control Zone—
The area west of a line between
43°07′00″ N. lat.; 124°37′00″ W. long.
and 42°40′30″ N. lat; 124°52′0″ W. long.
extending to the western edge of the
exclusive economic zone (EEZ).
e. Klamath Control Zone—The ocean
area at the Klamath River mouth
bounded on the north by 41°38′48″ N.
lat. (approximately six nautical miles
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north of the Klamath River mouth); on
the west, by 124°23′00″ W. long.
(approximately 12 nautical miles off
shore); and on the south, by 41°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: 206–634–1838).
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: 800–662–9825). ODFW
and Washington Department of Fish and
Wildlife (WDFW) will monitor landings.
If the landings are projected to exceed
the 29,362 pound preseason allocation
or the total Area 2A non-Indian
commercial halibut allocation, NMFS
will take inseason action to prohibit
retention of halibut in the non-Indian
salmon troll fishery.
Beginning May 1, license holders may
possess or land no more than one
Pacific halibut per each two Chinook,
except one Pacific halibut may be
possessed or landed without meeting
the ratio requirement, and no more than
35 halibut may be possessed or landed
per trip. Pacific halibut retained must be
no less than 32 inches in total length
(with head on).
A ‘‘C-shaped’’ yelloweye rockfish
conservation area 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
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22:59 May 04, 2009
Jkt 217001
Halibut Catch Sharing Plan in the North
Coast subarea (Washington marine area
3), with the following coordinates in the
order listed:
48°18′ N. lat.; 125°18′ W. long.;
48°18′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 125°18′ W. long.;
and connecting back to 48°18′ N. lat.;
125°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 non-Indian 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 on a
fishery impact equivalent basis if there
is agreement among the areas’
representatives on the Salmon Advisory
Subpanel (SAS).
c. At the March 2010 meeting, the
Council will consider inseason
recommendations for special regulations
for any experimental fisheries
(proposals must meet Council protocol
and be received in November 2009).
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.
e. Landing limits may be modified
inseason to sustain season length and
keep harvest within overall quotas.
f. Marked coho remaining from the
June through August Cape Falcon to
OR/CA border recreational coho quota
may be transferred to the Cape Falcon
to Humbug Mt. non-Indian commercial
non-mark-selective all salmon fishery
on a fishery impact equivalent basis.
C.9. State Waters Fisheries:
Consistent with Council management
objectives:
a. The State of Oregon may establish
additional late-season fisheries in state
waters.
b. The State of California may
establish limited fisheries in selected
state waters.
Check state regulations for details.
C.10. For the purposes of California
Department of Fish and Game (CDFG)
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
20615
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 2009 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 Alava (Neah Bay)
June 27 through the earlier of
September 20 or 18,350 marked coho
subarea quota with a subarea guideline
of 2,200 Chinook (C5). Tuesday through
Saturday through July 17; seven days
per week thereafter. All salmon except
no chum retention beginning August 1
and no Chinook retention east of the
Bonilla-Tatoosh line beginning August 1
during Council managed ocean fishery.
Two fish per day, only one of which can
be a Chinook, plus two additional pink
salmon. Chinook 24-inch total length
minimum size limit (B). All retained
coho must be marked. See gear
restrictions and definitions (C.2, C.3).
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)
June 27 through the earlier of
September 20 or 4,480 marked coho
subarea quota with a subarea guideline
of 950 Chinook (C5).
September 26 through the earlier of
October 11 or 100 marked coho quota or
100 Chinook quota (C5) in the area
north of 47°50′00″ N. lat. and south of
48°00′00″ N. lat. (C.6).
Tuesday through Saturday through
July 17; seven days per week thereafter.
All salmon. Two fish per day, no more
than one of which can be a Chinook,
plus two additional pink salmon. All
retained coho must be marked. Chinook
24-inch 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).
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Queets River to Leadbetter Point
(Westport Subarea)
June 28 through the earlier of
September 20 or 65,270 marked coho
subarea quota with a subarea guideline
of 11,850 Chinook (C.5). Sunday
through Thursday through July 23,
seven days per week thereafter. All
salmon, two fish per day, no more than
one of which can be a Chinook, plus one
additional pink salmon. Chinook 24inch total length minimum size limit)
(B). All retained coho must be marked.
See gear restrictions and definitions
(C.2, C.3). Grays Harbor 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 28 through the earlier of
September 30 or 88,200 marked coho
subarea quota with a subarea guideline
of 5,400 Chinook (C.5). Seven days per
week. All salmon, two fish per day, no
more than one of which can be a
Chinook. Chinook 24-inch total length
minimum size limit (B). All retained
coho must be marked. 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 Humbug Mt.
June 20 through the earlier of August
31 or an 110,000 marked coho quota for
the area between Cape Falcon and the
OR/CA border (C.5.e, C.6). Seven days
per week. All salmon except Chinook,
three fish per day (B, C.1). All retained
coho must be marked.
September 1 through the earlier of
September 30 or a 7,000 preseason
marked coho quota (C.5.e, C.6). Seven
days per week. All salmon except
Chinook, two fish per day (B). All
retained coho must be marked. Coho
remaining from the June through August
recreational 110,000 coho quota may be
transferred inseason to the coho quota
for this fishery. See gear restrictions and
definitions (C.2, C.3). Fishing in the
Stonewall Bank groundfish conservation
area restricted to trolling only on days
the all depth recreational halibut fishery
is open (call the halibut fishing hotline
1–800–662–9825 for specific dates) (C.3,
C.4.d). Open days and bag limit may be
adjusted inseason to utilize the available
quota (C.5).
In 2010, the season between Cape
Falcon and Humbug Mt. will open
March 15 for all salmon except coho,
two fish per day (B, C.1, C.2, C.3).
Humbug Mt. to OR/CA Border
June 20 through the earlier of August
31 or a 110,000 marked coho quota for
the area between Cape Falcon and the
OR/CA border (C.5.e, C.6). Seven days
per week. Except as provided below for
the all salmon fishery, all salmon except
Chinook. Two fish per day (B, C.1). All
retained coho must be marked.
August 29 through September 7 (C.6).
Seven days per week. Except as
provided above for the mark selective
coho fishery, all salmon except coho.
Two fish per day (C.1). Chinook
minimum size limit of 24 inches total
length (B).
See gear restrictions and definitions
(C.2, C.3).
OR/CA Border to Horse Mt. (California
KMZ)
August 29 through September 7 (C.6).
Seven days per week. All salmon except
coho. Two fish per day (C.1). Chinook
minimum size limit of 24 inches total
length (B). See gear restrictions and
definitions (C.2, C.3). Klamath Control
Zone closed in August (C.4.e).
Horse Mt. to U.S./Mexico Border
Closed. In 2010, season opens April 3
for all salmon except coho, two fish per
day (C.1). Chinook minimum size limit
of 20 inches total length (B); and the
same gear restrictions as in 2009 (C.2,
C.3).
B. Minimum Size (Total Length in
Inches) (See C.1)
Area
(when open)
Chinook
Coho
Pink
North of Cape Falcon ..............................................................................................................................
Cape Falcon to Humbug Mt ....................................................................................................................
Humbug Mt. to OR/CA Border ................................................................................................................
OR/CA Border to Horse Mountain ...........................................................................................................
Horse Mt. to U.S./Mexico Border ............................................................................................................
24.0
....................
24.0
24.0
....................
16.0
16.0
16.0
....................
....................
None
None
None
24.0
....................
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, 16.0in = 40.6 cm, and 12.0
in = 30.5 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
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22:59 May 04, 2009
Jkt 217001
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
PO 00000
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Fmt 4700
Sfmt 4700
more than two single point, single shank
barbless hooks are required for all
fishing gear. [Note: ODFW regulations in
the state-water fishery off Tillamook Bay
may allow the use of barbed hooks to be
consistent with inside regulations.]
b. Horse Mt., California, to Point
Conception, California: Single point,
single shank, barbless circle hooks (see
gear definitions 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
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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° angle.
C.4. Control Zone Definitions:
a. The Bonilla-Tatoosh Line: A line
running from the western end of Cape
Flattery to Tatoosh Island Lighthouse
(48°23′30″ N. lat., 124°44′12″ W. long.)
to the buoy adjacent to Duntze Rock
(48°28′00″ N. lat., 124°45′00″ W. long.),
then in a straight line to Bonilla Point
(48°35′30″ N. lat., 124°43′00″ W. long.)
on Vancouver Island, British Columbia.
b. Grays Harbor Control Zone—The
area defined by a line drawn from the
Westport Lighthouse (46°53′18″ N. lat.,
124°07′01″ W. long.) to Buoy #2
(46°52′42″ N. lat., 124°12′42″ W. long.)
to Buoy #3 (46°55′00″ N. lat., 124°14′48″
W. long.) to the Grays Harbor north jetty
(46°36′00″ N. lat., 124°10′51″ W. long.).
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
#4 (46°13′35″ N. lat., 124°06′50″ W.
long.) and the green lighted Buoy #7
(46°15′09″ N. lat., 124°06′16″ W. long.);
on the east, by the Buoy #10 line which
bears north/south at 357° true from the
south jetty at 46°14′00″ N. lat.,
124°03′07″ W. long. to its intersection
with the north jetty; on the north, by a
line running northeast/southwest
between the green lighted Buoy #7 to
the tip of the north jetty (46°15′48″ N.
lat., 124°05′20″ W. long. and then along
the north jetty to the point of
intersection with the Buoy #10 line; and
on the south, by a line running
northeast/southwest between the red
lighted Buoy #4 and tip of the south
jetty (46°14′03″ N. lat., 124°04′05″ W.
long.), and then along the south jetty to
the point of intersection with the Buoy
#10 line.
d. Stonewall Bank Groundfish
Conservation Area: The area defined by
the following coordinates in the order
listed:
44°37.46′ N. lat.; 124°24.92′ W. long.;
44°37.46′ N. lat.; 124°23.63′ W. long.;
44°28.71′ N. lat.; 124°21.80′ W. long.;
44°28.71′ N. lat.; 124°24.10′ W. long.;
44°31.42′ N. lat.; 124°25.47′ W. long.;
and connecting back to 44°37.46′ N. lat.;
124°24.92′ W. long.
e. Klamath Control Zone: The ocean
area at the Klamath River mouth
bounded on the north by 41°38′48″ N.
lat. (approximately six nautical miles
north of the Klamath River mouth); on
the west, by 124°23′00″ W. long.
(approximately 12 nautical miles off
shore); and, on the south, by 41°26′48″
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 to 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.
e. Marked coho remaining from the
June through August Cape Falcon to
OR/CA border recreational coho quota
may be transferred to the September
Cape Falcon to Humbug Mt. recreational
fishery, or the Cape Falcon to Humbug
Mt. non-Indian commercial non-markselective all salmon fishery on a fishery
impact equivalent basis.
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. Check
state regulations for details.
Section 3. Treaty Indian Management
Measures for 2009 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 19,000 Chinook quota. All salmon
except coho. If the Chinook quota for
the May-June fishery is not fully
utilized, the excess fish cannot be
transferred into the later all-salmon
season. If the Chinook quota is
exceeded, the excess will be deducted
from the later all-salmon season. See
size limit (B) and other restrictions (C).
July 1 through the earlier of
September 15, or 20,000 preseason
Chinook quota, or 60,000 coho quota.
All Salmon. See size limit (B) and other
restrictions (C).
B. Minimum Size (Inches)
Chinook
Area
(when open)
Coho
Pink
Total
North of Cape Falcon ..........................................................
Head-off
24.0
Total
18.0
Head-off
16.0
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0in = 40.6 cm, and 12.0 in = 30.5 cm.
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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’KLALLAM—Washington State
Statistical Area 4B (All).
MAKAH—Washington State Statistical
Area 4B and that portion of the FMA
north of 48°02′15″ N. lat. (Norwegian
Memorial) and east of 125°44′00″; W.
long.
QUILEUTE—That portion of the FMA
between 48°07′36″ N. lat. (Sand Pt.)
and 47°31′42″ N. lat. (Queets River)
and east of 125°44′00″ W. long.
HOH—That portion of the FMA
between 47°54′18″ N. lat. (Quillayute
River) and 47°21′00″ N. lat. (Quinault
River) and east of 125°44′00″ W. long.
QUINAULT—That portion of the FMA
between 47°40′06″ N. lat. (Destruction
Island) and 46°53′18″ N. lat. (Point
Chehalis) and east of 125°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°02′15″ N. lat. (Norwegian Memorial)
and east of 125°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 2004–2008. Fish taken during this
fishery are to be counted against treaty
troll quotas established for the 2009
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°31′42″ N. lat.) and the Hoh River
(47°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°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.
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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 19, 2009,
NMFS published a final rule (74 FR
11681) 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 non-treaty 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 2009. 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:
206–634–1838). 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: 800–662–
9825). ODFW and WDFW will monitor
landings. If the landings are projected to
exceed the 29,362 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
possess or land no more than one
Pacific halibut per each two Chinook,
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except one Pacific halibut may be
possessed or landed without meeting
the ratio requirement, and no more than
35 halibut may be possessed or landed
per trip. 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, WA—48°23′00″ N. lat.
Cape Alava, WA—48°10′00″ N. lat.
Queets River, WA—47°31′42″ N. lat.
Leadbetter Point, WA—46°38′10″ N. lat.
Cape Falcon, OR—45°46′00″ N. lat.
Florence South Jetty, OR—44°00′54″ N.
lat.
Humbug Mountain, OR—42°40′30″ N.
lat.
Oregon-California Border—42°00′00″ N.
lat.
Humboldt South Jetty, CA—40°45′53″
N. lat.
Horse Mountain, CA—40°05′00″ N. lat.
Point Arena, CA—38°57′30″ N. lat.
Point Reyes, CA—37°59′44″ N. lat.
Point San Pedro, CA—37°35′40″ N. lat.
Pigeon Point, CA—37°11′00″ N. lat.
Point Sur, CA—36°18′00″ N. lat.
Point Conception, CA—34°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, 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.
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
Classification
This rule is necessary for conservation
and management and is consistent with
the Magnuson-Stevens Act.
This notification of annual
management measures is exempt from
review under Executive Order 12866.
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 20, 2009. These regulations are
being promulgated under the authority
of 16 USC 1855(d) and 16 USC 773(c).
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 pre-May
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 pre-season
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 2-month period
which culminates at the April Council
meeting at which the Council adopts a
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22:59 May 04, 2009
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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 two-month 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 2007 less than one
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
ESA listed stocks, and provide harvest
opportunity where appropriate. The
choice of May 1 as the beginning of the
regulatory season balances the need to
gather and analyze 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.
If these measures are not in place on
May 1, the previous year’s management
measures will continue to apply in most
areas. However, since the 2008
recreational management measures
between Cape Falcon, Oregon and the
Oregon/California border were
implemented through an emergency
rule, which has since expired, fisheries
in this area will be closed until this rule
is implemented. In 2008, the
commercial fishery north of Cape
Falcon began on May 3, with an 11,700
Chinook salmon quota, Saturday
through Tuesday, with a landing limit of
50 Chinook salmon per vessel per
period. In 2009 the commercial fishery
north of Cape Falcon begins on May 1,
on specific dates that are not the same
as last year’s dates, with a 13,745
Chinook salmon quota and a landing
limit of 75 Chinook salmon per vessel
per period. Therefore, if this regulation
is not in place on May 1, fishers will
lose the opportunity to fish during the
first complete periods, and will be
unnecessarily restricted to a lower
period limit. In addition, the
discrepancy will cause confusion for the
fishermen. In addition, recreational
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20619
ocean salmon fisheries north of Cape
Falcon had a quota of 13,500 Chinook
salmon between June 1 and June 28,
while under the recommended 2009
regulations those fisheries will not open
before June 27. Earlier season fisheries
may use up the available Chinook
salmon quota early and preclude fishing
opportunity later in the summer. This
could reduce or eliminate opportunity
for fisheries targeted at more abundant
coho. It could also result in
unanticipated adverse impacts to key
Chinook salmon stocks that were not
considered during the preseason
planning process. Recreational fisheries
south of Cape Falcon were greatly
restricted in 2008, and would be closed
until this rule is effective. Under the
recommended 2009 regulations
recreational fishing south of Cape
Falcon will start in June, and have a
quota of 110,000 coho; managing these
2009 fisheries according to 2008
regulations would limit harvest
opportunity that could otherwise be
available.
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 that good cause
exists under 5 U.S.C. 553(d)(3), to waive
the 30-day delay in effectiveness of this
final rule. As previously discussed, data
are not available until February and
management measures not finalized
until early April. These measures are
essential to conserve threatened and
endangered ocean salmon stocks, and to
provide for harvest of more abundant
stocks. Failure to implement these
measures immediately could
compromise the ability of some stocks
to attain their conservation objectives
preclude harvest opportunity, and
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Rules and Regulations
negatively impact anticipated
international, state, and tribal salmon
fisheries, thereby undermining the
purposes of this agency action.
To enhance notification of the fishing
industry of these new measures, NMFS
is announcing the new measures over
the telephone hotline used for inseason
management actions and is also posting
the regulations on both of its West Coast
regional Web sites (www.nwr.noaa.gov
and swr.nmfs.noaa.gov). NMFS is also
advising the States of Washington,
Oregon, and California on the new
management measures. These states
announce the seasons for applicable
state and Federal fisheries through their
own public notification systems.
This action contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA), and
which have been approved by the Office
of Management and Budget (OMB)
under control number 0648–0433. The
public reporting burden for providing
notifications if landing area restrictions
cannot be met is estimated to average 15
minutes per response. This estimate
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
David_Rostker@omb.eop.gov, or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
NMFS has current ESA biological
opinions that cover fishing under these
regulations on all listed salmon species,
except LCR Chinook. NMFS reiterated
their consultation standards for all ESA
listed salmon and steelhead species in
their annual Guidance letter to the
Council dated March 3, 2009. Some of
NMFS past biological opinions have
found no jeopardy, and others have
found jeopardy, but provided reasonable
and prudent alternatives to avoid
jeopardy. The management measures for
2009 are consistent with the biological
opinions that found no jeopardy, and
with the reasonable and prudent
alternatives in the jeopardy biological
opinions. NMFS consulted this year on
the effects of the 2009 annual
regulations on LCR Chinook. NMFS
concluded that the proposed 2009
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22:59 May 04, 2009
Jkt 217001
fisheries are not likely to jeopardize the
continued existence of LCR Chinook.
The Council’s recommended
management measures therefore comply
with NMFS’ consultation standards and
guidance for all listed salmon species
which may be affected by Council
fisheries. In most cases, the
recommended measures result in
impacts that are more restrictive than
NMFS’ ESA requirements.
Southern resident killer whales were
listed as endangered effective February
16, 2006. NMFS consulted on the effects
of the 2006, 2007, and 2008 fisheries on
killer whales and concluded that the
fisheries were not likely to jeopardize
the continued existence of the species.
NMFS is currently consulting regarding
the effects of fisheries managed under
the Council’s Salmon FMP on the food
supply for killer whales through a
separate ESA consultation and
biological opinion. NMFS expects to
complete the consultation prior to May
1, 2009 or shortly thereafter. While the
consultation may not be completed
prior to approval of this action, NMFS
has determined that the anticipated
fisheries will not make any irreversible
or irretrievable commitment of
resources with respect to the agency
action which has the effect of
foreclosing the formulation or
implementation of any reasonable and
prudent alternative measures. In the
event that the review suggests that
further constraints in the 2009 fisheries
are necessary, appropriate corrections
can be made by NMFS through inseason
action.
This final rule was developed after
meaningful consultation and
collaboration with the affected tribes.
The tribal representative on the Council
made the motion for the regulations that
apply to the tribal vessels.
Authority: 16 U.S.C. 773–773k; 1801 et
seq.
Dated: April 29, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–10308 Filed 4–30–09; 4:15 pm]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 090428799–9802–01]
RIN 0648–AX24
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to groundfish management measures;
Pacific whiting reapportionment;
correction; request for comments.
SUMMARY: This final rule establishes the
2009 fishery specifications for Pacific
whiting in the U.S. exclusive economic
zone (EEZ) and state waters off the
coasts of Washington, Oregon, and
California, as authorized by the Pacific
Coast Groundfish Fishery Management
Plan (FMP). These specifications
include the level of the acceptable
biological catch (ABC), optimum yield
(OY), and allocations for the non-tribal
commercial sectors. This final rule also
announces the reapportionment of
Pacific whiting allocation from the tribal
sector to the non-tribal sectors; adjusts
bycatch limits for the non-tribal
commercial sectors of the Pacific
whiting fishery; and corrects the Pacific
whiting primary season dates.
DATES: Effective April 30, 2009.
Comments on the revisions to bycatch
limits must be received no later than 5
p.m., local time on May 20, 2009.
ADDRESSES: You may submit comments,
identified by RIN 0648 AX24 by any of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 206–526–6736, Attn: Becky
Renko.
• Mail: Barry A. Thom, Acting
Regional Administrator, Northwest
Region, NMFS, Attn: Becky Renko, 7600
Sand Point Way, NE., Seattle, WA
98115–0070.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All personal identifying information (for
example, name, address, etc.)
E:\FR\FM\05MYR1.SGM
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Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Rules and Regulations]
[Pages 20610-20620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10308]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 090324366-9371-01]
RIN 0648-AX81
Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; 2009 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS establishes fishery management measures for the 2009
ocean salmon fisheries off Washington, Oregon, and California and the
2010 salmon seasons opening earlier than May 1, 2010. 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) (3-
200 NM) off Washington, Oregon, and California. The management measures
are intended to prevent overfishing and to apportion the ocean harvest
equitably among treaty Indian, 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 to provide for inside fisheries (fisheries
occurring in state internal waters).
DATES: Final rule is effective from 0001 hours Pacific Daylight Time,
May 1, 2009, until the effective date of the 2010 management measures,
as published in the Federal Register.
Comments must be received by May 20, 2009.
ADDRESSES: You may submit comments, identified by 0648-AX81, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Fax: 206-526-6736 Attn: Peggy Busby, or 562-980-4047 Attn:
Jennifer Is[eacute]
Mail: Barry A. Thom, Acting Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070
or to Rod McInnis, Regional Administrator, Southwest Region, NMFS, 501
West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the documents cited in this document are available from
Dr. Donald O. McIsaac, Executive Director, Pacific Fishery Management
Council, 7700 NE. Ambassador Place, Suite 200, Portland, OR 97220-1384,
and are posted on its Web site (www.pcouncil.org).
Send comments regarding the reporting burden estimate or any other
aspect of the collection-of-information requirements in these
management measures, including suggestions for reducing the burden, to
one of the NMFS addresses listed above and to David Rostker, Office of
Management and Budget (OMB), by e-mail at David_Rostker@omb.eop.gov,
or by fax at (202)395-7285.
FOR FURTHER INFORMATION CONTACT: Peggy Busby at 206-526-4323, or
Jennifer Is[eacute] at 562-980-4046.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ off Washington, Oregon, and
California 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
[[Page 20611]]
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 2009 and pre-May 2010 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 2 to 9, 2009, meeting.
Schedule Used to Establish 2009 Management Measures
The Council announced its annual preseason management process for
the 2009 ocean salmon fisheries in the Federal Register on December 18,
2008 (73 FR 77010), and on their Web site at (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 and on the Council's Web site 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. All four reports were posted on
the Council's web site and otherwise made available to the Council, its
advisors, and the public upon their completion. The first of the
reports was prepared in February when the scientific information
necessary for crafting management measures for the 2009 and pre-May
2010 ocean salmon fishery first became available. The first report,
``Review of 2008 Ocean Salmon Fisheries,'' summarizes biological and
socio-economic data for the 2008 ocean salmon fisheries and assesses
how well the Council's 2008 management objectives were met. The second
report, ``Preseason Report I Stock Abundance Analysis for 2009 Ocean
Salmon Fisheries'' (PRE I), provides the 2009 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2008 regulations and regulatory procedures were
applied to the projected 2009 stock abundances. The completion of PRE I
is the initial step in evaluating the full suite of preseason options.
Following completion of the first two reports, the Council met in
Seattle, WA from March 7 to 13, 2009, to develop 2009 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 2009 Ocean Salmon Fisheries,'' which analyzes
the effects of the proposed 2009 management options.
Public hearings, sponsored by the Council, to receive testimony on
the proposed options were held on March 30, 2009, in Westport, WA and
Coos Bay, OR; and March 31, 2009, 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 2 to 9, 2009, in Millbrae, CA to adopt
its final 2009 recommendations. Following the April Council meeting,
the Council's STT and staff economist prepared a fourth report,
``Preseason Report III Analysis of Council-Adopted Management Measures
for 2009 Ocean Salmon Fisheries,'' which analyzes the environmental and
socio-economic effects of the Council's final recommendations. 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
(www.pcouncil.org).
Resource Status
Fisheries south of Cape Falcon, OR are limited primarily by the
status of Sacramento River fall Chinook salmon. Fisheries north of Cape
Falcon are limited by Lower Columbia River Chinook salmon, Lower
Columbia River coho salmon, and Oregon Coast coho, stocks which are all
listed under the Endangered Species Act (ESA), and by Thompson River
coho from Canada. At the start of the preseason planning process for
the 2009 management season, NMFS provided a letter to the Council,
dated March 3, 2009, summarizing its 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.
The Sacramento River fall Chinook salmon stock (SRFC) failed to
meet its conservation objective of 122,000-180,000 adult natural and
hatchery spawners in 2007 and 2008 (87,881 and 66,264 spawners
respectively). The preseason forecast for SRFC escapement in 2009, in
the absence of fishing, is 122,200. SRFC is the major contributing
stock to ocean Chinook salmon fisheries off Oregon and California. To
conserve this stock, the Council proposed no commercial fisheries on
Chinook salmon for 2009 ocean fisheries south of Cape Falcon, Oregon,
and a recreational Chinook salmon fishery that is restricted in time
and place to target Klamath River fall Chinook salmon, which are
projected to be well above their escapement goal. In addition to ocean
fishing, SRFC is vulnerable to in-river fisheries that target late fall
Chinook salmon, a separately managed stock. The in-river fishery is
managed by the State of California and is thus outside the Council's
jurisdiction. In March 2009, the Council's Salmon Technical Team met
with representatives of the California Department of Fish and Game; it
was agreed at this meeting that if the late fall Chinook salmon fishery
were to begin after November 15, and occur only between Knights Landing
and Red Bluff Diversion Dam, incidental harvest of SRFC would be
negligible. The California Fish and Game Commission met on April 21,
2009 and confirmed that the Sacramento River late fall Chinook salmon
fishery in 2009 will occur November 16 through December 31, and occur
only between Knights Landing and Red Bluff Diversion Dam, resulting in
negligible incidental harvest of SRFC.
NMFS consulted under ESA section 7 and provided guidance to the
Council regarding the effects of the 2009 fisheries on the Lower
Columbia River (LCR) Chinook salmon Evolutionarily Significant Unit
(ESU). NMFS has completed a Biological Opinion concluding that the
proposed 2009 fisheries are not likely to jeopardize the continued
existence of LCR Chinook.
The LCR Chinook salmon ESU is comprised of a spring component, a
``far-north'' migrating bright component, and a component of north
migrating tules. The bright and tule components both have fall run
timing. The 2004 Interim Regional Recovery Plan identified twenty-one
separate populations within the tule component
[[Page 20612]]
of this ESU. Unlike the spring or bright populations of the ESU, LCR
tule populations are caught in large numbers in Council fisheries, as
well as fisheries to the north and in the Columbia River. Therefore
this component of the ESU is the one most likely to constrain Council
area fisheries. Total exploitation rate on tule populations has been
reduced from 49 percent in 2006, to 42 percent in 2007, and then to 41
percent in 2008.
The United States recently approved a new Pacific Salmon Treaty
(PST) Agreement that was negotiated and recommended by the Pacific
Salmon Commission. That Agreement includes a new Chinook salmon regime
that reduces the allowable annual Chinook salmon catch by 30 percent in
Canada's West Coast Vancouver Island (WCVI) troll and sport fishery and
15 percent in Alaska's Southeast Alaska all-gear fishery. Lower
Columbia River tule Chinook salmon in particular will benefit from the
reduction in the WCVI fishery. The United States negotiated for harvest
reductions in Canadian intercepting fisheries largely to benefit the
escapement of natural origin stocks. LCR tule and Puget Sound Chinook
salmon were specifically identified to Canada as the intended
beneficiaries of these reductions. NMFS indicated in its biological
opinion on the PST Agreement that it intended to ensure that reductions
in tule harvest secured by the new agreement would be passed through to
escapement. In 2008 the total exploitation rate on LCR tule Chinook
salmon was limited to a maximum of 41 percent. NMFS estimated in its
biological opinion on the new PST Agreement that the catch reductions
in the northern fisheries would reduce the exploitation rate on tule
Chinook salmon by approximately three percentage points relative to
what would have occurred under the previous Chinook salmon regime.
Therefore, for 2009, Council fisheries should be managed such that the
total exploitation rate in all fisheries on LCR tule Chinook salmon
does not exceed 38 percent. This reduction is a further step intended
to address the needs of the LCR Chinook salmon ESU and the weaker tule
populations in the ESU in particular. NMFS intends to develop a longer-
term biological opinion for LCR Chinook salmon in 2010 that will
provide more certainty regarding harvest limits that would be required
for LCR Chinook salmon in the future.
In 2008, NMFS conducted section 7 consultation and issued a
biological opinion regarding the effects of Council fisheries and
fisheries in the Columbia River on LCR coho. The states of Oregon and
Washington have focused on use of a harvest matrix for LCR coho,
developed by Oregon, following their listing under Oregon's State ESA.
Under the matrix the allowable harvest in a given year depends on
indicators of marine survival and brood year escapement. The matrix has
both ocean and in-river components which can be combined to define a
total exploitation rate limit for all ocean and in-river fisheries.
Generally speaking, NMFS supports use of management planning tools that
allow harvest to vary depending on the year-specific circumstances.
Conceptually, we think Oregon's approach is a good one. However, NMFS
has taken a more conservative approach for LCR coho in recent years
because of unresolved issues related to application of the matrix. NMFS
will continue to apply the matrix as we have in the past, by limiting
the total harvest to that allowed under the matrix for the ocean
fisheries. For 2009, the harvest matrix prescribes an ocean
exploitation rate of 20 percent, and a combined ocean and freshwater
exploitation rate of 29.2 percent. However, under these circumstances,
the 2008 biological opinion limits the overall exploitation rate to
that specified in the ocean portion of the matrix. As a consequence,
ocean salmon fisheries under the Council's jurisdiction in 2009, and
commercial and recreational salmon fisheries in the mainstem Columbia
River, including select area fisheries (e.g., Youngs Bay), must be
managed subject to a total exploitation rate limit on LCR coho not to
exceed 20 percent. Recommended management measures that would affect
LCR coho are consistent with this requirement.
The ESA listing status of Oregon Coast (OC) coho has changed over
the years. On February 11, 2008, NMFS again listed OC coho as
threatened under the ESA (73 FR 7816 February 11, 2008). Regardless of
their listing status, the Council has managed OC coho consistent with
the terms of Amendment 13 of the Salmon FMP and subsequent guidance
provided by the 2000 ad hoc Work Group appointed by the Council. NMFS
concluded that the management provisions for OC coho would not
jeopardize the continued existence of the ESU through its section 7
consultation on Amendment 13 in 1999, and has since supported use of
the expert advice provided by the Council's ad hoc Work Group. For the
2009 season, the applicable spawner status is in the ``low'' category
while the marine survival index is in the ``medium'' category. Under
this circumstance, the Work Group report requires that the exploitation
rate be limited to no more than 15 percent. Recommended management
measures that would affect OC coho are consistent with this
requirement.
Interior Fraser (Thompson River) coho, a Canadian stock, continues
to be depressed, remaining in the ``low'' status category under the
Pacific Salmon Treaty and, along with LCR coho, is the coho stock most
limiting the 2009 ocean fisheries north of Cape Falcon. The recommended
management measures satisfy the maximum 10.0 percent total U.S.
exploitation rate called for by the Pacific Salmon Treaty agreements
and the Salmon FMP, with a marine exploitation rate of 9.8 percent in
U.S. fisheries.
Management Measures for 2009 Fisheries
The Council-recommended ocean harvest levels and management
measures for the 2009 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 Magnuson-Stevens 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 2009 management measures have a similar
Chinook salmon quota and a substantially higher coho quota relative to
the 2008 season. The total allowable catch for 2009 is 80,000 Chinook
and 270,000 marked hatchery coho. These fisheries are restricted to
protect threatened Lower Columbia River Chinook, threatened Lower
Columbia River coho, threatened Oregon Coastal Natural coho, and coho
salmon from the Thompson River in Canada. Washington coastal and Puget
Sound Chinook generally migrate to the far north and are not
significantly affected by ocean harvests from Cape Falcon, OR, to the
U.S.-Canada border. Nevertheless, ocean fisheries in combination with
fisheries inside Puget Sound are also restricted in order to meet ESA
related conservation objectives for Puget Sound Chinook. North of Cape
Alava, WA, the Council recommended a provision prohibiting retention of
chum salmon during
[[Page 20613]]
August and September to protect ESA listed Hood Canal summer chum. The
Council has recommended such a prohibition for the last eight years.
South of Cape Falcon, OR, the commercial salmon fishery will be
limited to an 11,000-fish quota of coho between Cape Falcon and Humbug
Mountain, Oregon. There will be no commercial salmon fishery on Chinook
salmon south of Cape Falcon in 2009 because Sacramento River Fall
Chinook salmon are projected to be at the lower end of the range of
their conservation objective, even with no fishing on the stock.
Recreational fisheries south of Cape Falcon will have a quota of
117,000 marked hatchery coho, thus providing increased opportunity for
coho fishing off Oregon compared to 2008. Recreational fisheries for
Chinook salmon south of Cape Falcon will be limited to a 10-day season,
August 29 through September 7, in the Klamath Management Zone (Humbug
Mountain, Oregon to Horse Mountain, California) with a quota of 30,800
Chinook salmon.
The treaty-Indian commercial troll fishery quota is 39,000 Chinook
in ocean management areas and Washington State Statistical Area 4B
combined. This quota is slightly higher than the 37,500-Chinook quota
in 2008. The fisheries include a Chinook-directed fishery in May and
June with a quota of 19,000 Chinook, and an all-salmon season beginning
July 1 with a 20,000 Chinook sub-quota. The coho quota for the treaty-
Indian troll fishery in ocean management areas, including Washington
State Statistical Area 4B, for the July-September period is 60,000
coho, a substantial increase from the 20,000-coho quota in 2008.
Management Measures for 2010 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 2010 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 Humbug Mountain and off California south of Horse
Mountain will open in 2010 as indicated in the Season Description
section. At the March 2010 meeting, the Council may consider inseason
recommendations to adjust the commercial season prior to May 1 in the
areas off Oregon and California.
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 2009 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 2009 and, as specified,
for 2010.
Section 1. Commercial Management Measures for 2009 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 1 through the earlier of June 30 or 13,735 Chinook quota. Open
May 1-5, 8-12, then Saturday through Tuesday thereafter with a landing
and possession limit of 75 Chinook per vessel for each open period
north of Leadbetter Point or 75 Chinook south of Leadbetter Point (C.1,
C.8.e). All salmon except coho (C.7). Mandatory Yelloweye Rockfish
Conservation Area, Cape Flattery 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 Oregon Department of Fish and Wildlife
before transiting the Cape Falcon, OR line (45[deg]46'00'' N. lat.) at
the following number: 541-867-0300 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 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
541-867-0300 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).
July 1 through the earlier of September 15 or 6,765 preseason
Chinook guideline (C.8) or a 33,600 marked coho quota (C.8.d). Open
July 1-7, then Saturday through Tuesday thereafter, with a landing and
possession limit of 40 Chinook and 200 coho per vessel for each open
period north of Leadbetter Point or 40 Chinook and 200 coho south of
Leadbetter Point (C.1, C.8.e). All Salmon except no chum retention
north of Cape Alava, Washington beginning August 1 (C.7). All coho must
be marked (C.8.d). Mandatory Yelloweye Rockfish Conservation Area, Cape
Flattery 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: 541-867-0300 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 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
[[Page 20614]]
transport away from the port of landing by calling 541-867-0300 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
September 1 through the earlier of September 30 or an 11,000
preseason coho quota (C.8.f). All salmon except Chinook (B, C.8.f,
C.9). Seven days per week with a landing and possession limit of 100
coho per vessel per calendar week (Sunday through Saturday) (C.1,
C.8.e), no coho mark-selective restriction (C.7). All vessels fishing
in the area must land their fish in the State of Oregon. See gear
restrictions and definitions (C.2, C.3) and Oregon State regulations
for a description of special regulations at the mouth of Tillamook Bay.
In 2010, the season will open March 15 for all salmon except coho,
with a 27 inch Chinook minimum size limit. This opening could be
modified following Council review at its March 2010 meeting.
Humbug Mountain to Oregon/California Border
Closed in 2009. In 2010, the season will open March 15 for all
salmon except coho, with a 27 inch Chinook minimum size limit. This
opening could be modified following Council review at its March 2010
meeting.
Oregon/California Border to U.S./Mexico Border
Closed.
B. Minimum Size (Inches) (See C.1)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
----------------------------------------------------
Area (when open) Total Total Pink
length Head-off length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR....................... 28.0 21.5 16.0 12.0 None.
Cape Falcon to OR-CA Border.................... -- -- 16.0 12.0 None.
OR-CA Border to US-Mexico 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, 16.0in = 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 Zone--The 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 Area--The area in
Washington Marine Catch Area 3 from 48[deg]00.00' N. lat.;
125[deg]14.00' W. long. to 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 Zone--An area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between the
red lighted Buoy 4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W.
long.) and the green lighted Buoy 7 (46[deg]15'09'' N. lat.,
124[deg]06'16'' W. long.); on the east, by the Buoy 10 line
which bears north/south at 357[deg] true from the south jetty at
46[deg]14'00'' N. lat., 124[deg]03'07'' W. long. to its intersection
with the north jetty; on the north, by a line running northeast/
southwest between the green lighted Buoy 7 to the tip of the
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long.), and
then along the north jetty to the point of intersection with the Buoy
10 line; and, on the south, by a line running northeast/
southwest between the red lighted Buoy 4 and tip of the south
jetty (46[deg]14'03'' N. lat., 124[deg]04'05'' W. long.), and then
along the south jetty to the point of intersection with the Buoy
10 line.
d. Bandon High Spot Control Zone--The 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 Zone--The ocean area at the Klamath River mouth
bounded on the north by 41[deg]38'48'' N. lat. (approximately six
nautical miles
[[Page 20615]]
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: 206-634-1838).
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: 800-662-
9825). ODFW and Washington Department of Fish and Wildlife (WDFW) will
monitor landings. If the landings are projected to exceed the 29,362
pound preseason allocation or the total Area 2A non-Indian commercial
halibut allocation, NMFS will take inseason action to prohibit
retention of halibut in the non-Indian salmon troll fishery.
Beginning May 1, license holders may possess or land no more than
one Pacific halibut per each two Chinook, except one Pacific halibut
may be possessed or landed without meeting the ratio requirement, and
no more than 35 halibut may be possessed or landed per trip. Pacific
halibut retained must be no less than 32 inches in total length (with
head on).
A ``C-shaped'' yelloweye rockfish conservation area 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 non-Indian
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 on a fishery impact equivalent basis if
there is agreement among the areas' representatives on the Salmon
Advisory Subpanel (SAS).
c. At the March 2010 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2009).
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.
e. Landing limits may be modified inseason to sustain season length
and keep harvest within overall quotas.
f. Marked coho remaining from the June through August Cape Falcon
to OR/CA border recreational coho quota may be transferred to the Cape
Falcon to Humbug Mt. non-Indian commercial non-mark-selective all
salmon fishery on a fishery impact equivalent basis.
C.9. State Waters Fisheries:
Consistent with Council management objectives:
a. The State of Oregon may establish additional late-season
fisheries in state waters.
b. The State of California may establish limited fisheries in
selected state waters.
Check state regulations for details.
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 2009 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 Alava (Neah Bay)
June 27 through the earlier of September 20 or 18,350 marked coho
subarea quota with a subarea guideline of 2,200 Chinook (C5). Tuesday
through Saturday through July 17; seven days per week thereafter. All
salmon except no chum retention beginning August 1 and no Chinook
retention east of the Bonilla-Tatoosh line beginning August 1 during
Council managed ocean fishery. Two fish per day, only one of which can
be a Chinook, plus two additional pink salmon. Chinook 24-inch total
length minimum size limit (B). All retained coho must be marked. See
gear restrictions and definitions (C.2, C.3). 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)
June 27 through the earlier of September 20 or 4,480 marked coho
subarea quota with a subarea guideline of 950 Chinook (C5).
September 26 through the earlier of October 11 or 100 marked coho
quota or 100 Chinook quota (C5) in the area north of 47[deg]50'00'' N.
lat. and south of 48[deg]00'00'' N. lat. (C.6).
Tuesday through Saturday through July 17; seven days per week
thereafter. All salmon. Two fish per day, no more than one of which can
be a Chinook, plus two additional pink salmon. All retained coho must
be marked. Chinook 24-inch 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).
[[Page 20616]]
Queets River to Leadbetter Point (Westport Subarea)
June 28 through the earlier of September 20 or 65,270 marked coho
subarea quota with a subarea guideline of 11,850 Chinook (C.5). Sunday
through Thursday through July 23, seven days per week thereafter. All
salmon, two fish per day, no more than one of which can be a Chinook,
plus one additional pink salmon. Chinook 24-inch total length minimum
size limit) (B). All retained coho must be marked. See gear
restrictions and definitions (C.2, C.3). Grays Harbor 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 28 through the earlier of September 30 or 88,200 marked coho
subarea quota with a subarea guideline of 5,400 Chinook (C.5). Seven
days per week. All salmon, two fish per day, no more than one of which
can be a Chinook. Chinook 24-inch total length minimum size limit (B).
All retained coho must be marked. 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 Humbug Mt.
June 20 through the earlier of August 31 or an 110,000 marked coho
quota for the area between Cape Falcon and the OR/CA border (C.5.e,
C.6). Seven days per week. All salmon except Chinook, three fish per
day (B, C.1). All retained coho must be marked.
September 1 through the earlier of September 30 or a 7,000
preseason marked coho quota (C.5.e, C.6). Seven days per week. All
salmon except Chinook, two fish per day (B). All retained coho must be
marked. Coho remaining from the June through August recreational
110,000 coho quota may be transferred inseason to the coho quota for
this fishery. See gear restrictions and definitions (C.2, C.3). Fishing
in the Stonewall Bank groundfish conservation area restricted to
trolling only on days the all depth recreational halibut fishery is
open (call the halibut fishing hotline 1-800-662-9825 for specific
dates) (C.3, C.4.d). Open days and bag limit may be adjusted inseason
to utilize the available quota (C.5).
In 2010, the season between Cape Falcon and Humbug Mt. will open
March 15 for all salmon except coho, two fish per day (B, C.1, C.2,
C.3).
Humbug Mt. to OR/CA Border
June 20 through the earlier of August 31 or a 110,000 marked coho
quota for the area between Cape Falcon and the OR/CA border (C.5.e,
C.6). Seven days per week. Except as provided below for the all salmon
fishery, all salmon except Chinook. Two fish per day (B, C.1). All
retained coho must be marked.
August 29 through September 7 (C.6). Seven days per week. Except as
provided above for the mark selective coho fishery, all salmon except
coho. Two fish per day (C.1). Chinook minimum size limit of 24 inches
total length (B).
See gear restrictions and definitions (C.2, C.3).
OR/CA Border to Horse Mt. (California KMZ)
August 29 through September 7 (C.6). Seven days per week. All
salmon except coho. Two fish per day (C.1). Chinook minimum size limit
of 24 inches total length (B). See gear restrictions and definitions
(C.2, C.3). Klamath Control Zone closed in August (C.4.e).
Horse Mt. to U.S./Mexico Border
Closed. In 2010, season opens April 3 for all salmon except coho,
two fish per day (C.1). Chinook minimum size limit of 20 inches total
length (B); and the same gear restrictions as in 2009 (C.2, C.3).
B. Minimum Size (Total Length in Inches) (See C.1)
------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
------------------------------------------------------------------------
North of Cape Falcon............. 24.0 16.0 None
Cape Falcon to Humbug Mt......... ........... 16.0 None
Humbug Mt. to OR/CA Border....... 24.0 16.0 None
OR/CA Border to Horse Mountain... 24.0 ........... 24.0
Horse Mt. to U.S./Mexico 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, 16.0in = 40.6 cm, and 12.0
in = 30.5 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 state-water fishery off Tillamook Bay may allow
the use of barbed hooks to be consistent with inside regulations.]
b. Horse Mt., California, to Point Conception, California: Single
point, single shank, barbless circle hooks (see gear definitions 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
[[Page 20617]]
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 Bonilla-Tatoosh 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 Zone--The area defined by a line drawn from
the Westport Lighthouse (46[deg]53'18'' N. lat., 124[deg]07'01'' W.
long.) to Buoy 2 (46[deg]52'42'' N. lat., 124[deg]12'42'' W.
long.) to Buoy 3 (46[deg]55'00'' N. lat., 124[deg]14'48'' W.
long.) to the Grays Harbor north jetty (46[deg]36'00'' N. lat.,
124[deg]10'51'' W. long.).
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 4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W.
long.) and the green lighted Buoy 7 (46[deg]15'09'' N. lat.,
124[deg]06'16'' W. long.); on the east, by the Buoy 10 line
which bears north/south at 357[deg] true from the south jetty at
46[deg]14'00'' N. lat., 124[deg]03'07'' W. long. to its intersection
with the north jetty; on the north, by a line running northeast/
southwest between the green lighted Buoy 7 to the tip of the
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long. and then
along the north jetty to the point of intersection with the Buoy
10 line; and on the south, by a line running northeast/
southwest between the red lighted Buoy 4 and tip of the south
jetty (46[deg]14'03'' N. lat., 124[deg]04'05'' W. long.), and then
along the south jetty to the point of intersection with the Buoy
10 line.
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'' 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 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 to 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.
e. Marked coho remaining from the June through August Cape Falcon
to OR/CA border recreational coho quota may be transferred to the
September Cape Falcon to Humbug Mt. recreational fishery, or the Cape
Falcon to Humbug Mt. non-Indian commercial non-mark-selective all
salmon fishery on a fishery impact equivalent basis.
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. Check state regulations for details.
Section 3. Treaty Indian Management Measures for 2009 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 19,000 Chinook quota. All
salmon except coho. If the Chinook quota for the May-June fishery is
not fully utilized, the excess fish cannot be transferred into the
later all-salmon season. If the Chinook quota is exceeded, the excess
will be deducted from the later all-salmon season. See size limit (B)
and other restrictions (C).
July 1 through the earlier of September 15, or 20,000 preseason
Chinook quota, or 60,000 coho quota. All Salmon. See size limit (B) and
other restrictions (C).
B. Minimum Size (Inches)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total Head-off Total Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon............ 24.0 18.0 16.0 12.0 None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0in = 40.6 cm, and 12.0 in = 30.5 cm.
[[Page 20618]]
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'KLALLAM--Washington State Statistical Area 4B (All).
MAKAH--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.
QUILEUTE--That 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.
HOH--That 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.
QUINAULT--That 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 2004-2008. Fish taken during this fishery are to be
counted against treaty troll quotas established for the 2009 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 19, 2009, NMFS published
a final rule (74 FR 11681) 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 non-treaty 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
2009. 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-
634-1838). 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: 800-662-9825). ODFW and WDFW will monitor landings. If the
landings are projected to exceed the 29,362 pound preseason allocation
or the total Area 2A non-Indian commercial halibut allocation, NMFS
will take inseason action to close the incidental halibut fishery.
Beginning May 1, license holders may possess or land no more than
one Pacific halibut per each two Chinook, except one Pacific halibut
may be possessed or landed without meeting the ratio requirement, and
no more than 35 halibut may be possessed or landed per trip. 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 ``C-shaped'' 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, WA--48[deg]23'00'' N. lat.
Cape Alava, WA--48[deg]10'00'' N. lat.
Queets River, WA--47[deg]31'42'' N. lat.
Leadbetter Point, WA--46[deg]38'10'' N. lat.
Cape Falcon, OR--45[deg]46'00'' N. lat.
Florence South Jetty, OR--44[deg]00'54'' N. lat.
Humbug Mountain, OR--42[deg]40'30'' N. lat.
Oregon-California Border--42[deg]00'00'' N. lat.
Humboldt South Jetty, CA--40[deg]45'53'' N. lat.
Horse Mountain, CA--40[deg]05'00'' N. lat.
Point Arena, CA--38[deg]57'30'' N. lat.
Point Reyes, CA--37[deg]59'44'' N. lat.
Point San Pedro, CA--37[deg]35'40'' N. lat.
Pigeon Point, CA--37[deg]11'00'' N. lat.
Point Sur, CA--36[deg]18'00'' N. lat.
Point Conception, CA--34[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, 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.
[[Page 20619]]
Classification
This rule is necessary for conservation and management and is
consistent with the Magnuson-Stevens Act.
This notification of annual management measures is exempt from
review under Executive Order 12866.
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 20, 2009. These regulations are being
promulgated under the authority of 16 USC 1855(d) and 16 USC 773(c).
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
pre-May harvests constitute a relatively small portion of the annual
catch. The time-frame 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 pre-season 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 mana