Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures, 24482-24493 [2010-10566]
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$100 million in 1995 dollars, updated
annually for inflation. That threshold
level is currently about $135 million.
This interim final rule contains
reporting mandates for private sector
firms, but these will not cost more than
the approximately $6 million that we
have estimated. It includes no mandates
on State, local, or tribal governments.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule and subsequent final rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This interim final rule does not impose
substantial direct requirement costs on
State and local governments, preempt
State law, or otherwise have Federalism
implications.
In accordance with the provisions of
Executive Order 12866, this interim
final rule was reviewed by the Office of
Management and Budget.
List of Subjects in 45 CFR Part 159
Administrative practice and
procedure, Computer technology,
Health care, Health facilities, Health
insurance, Health records, Hospitals,
Medicaid, Medicare, Penalties,
Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, the Department of Health and
Human Services amends 45 CFR subtitle
A, subchapter B, by adding a new part
159 to read as follows:
PART 159—HEALTH CARE REFORM
INSURANCE WEB PORTAL
Sec.
159.100 Basis and Scope.
159.110 Definitions.
159.120 Data Submission for the individual
and small group markets.
Authority: Section 1103 of the Patient
Protection and Affordable Care Act (Pub. L.
111–148).
§ 159.100
Basis and scope.
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This part establishes provisions
governing a Web portal that will provide
information on health insurance
coverage options in each of the 50 States
and the District of Columbia. It sets
forth data submission requirements for
health insurance issuers. It covers the
individual market and the small group
market.
§ 159.110
Definitions.
For purposes of part 159, the
following definitions apply unless
otherwise provided:
Health Insurance Coverage: We adopt
the Public Health Service Act (PHSA)
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definition of ‘‘health insurance
coverage’’ found at section 2791(b)(1) of
the Public Health Service Act (PHSA).
Health Insurance Issuer: We adopt the
PHSA definition of ‘‘health insurance
issuer’’ found at section 2791(b)(2) of the
PHSA.
Health Insurance Product: Means a
package of benefits that an issuer offers
that is reported to State regulators in an
insurance filing.
Individual Health Insurance
Coverage: We adopt the PHSA
definition of ‘‘individual health
insurance coverage’’ found at section
2791(b)(5) of the PHSA.
Individual Market: We adopt the
Affordable Care Act definition of
‘‘individual market’’ found at section
1304(a)(2) of the Affordable Care Act
and 2791(e)(1)(A) of the PHSA.
Portal Plan: Means the discrete
pairing of a package of benefits and a
particular cost sharing option (not
including premium rates or premium
quotes).
Section 1101 High Risk Pools: We
define section 1101 high risk pools as
any entity described in regulations
implementing section 1101 of the
Affordable Care Act.
Small Employer: We adopt the
Affordable Care Act definition of ‘‘small
employer’’ found at section 1304(b)(2)
and (3).
Small Group Coverage: Means health
insurance coverage offered to employees
of small employers in the small group
market.
Small Group Market: We adopt the
Affordable Care Act definition of ‘‘small
group market’’ found at section
1304(a)(3).
State Health Benefits High Risk Pools:
Means nonprofit organizations created
by State law to offer comprehensive
health insurance to individuals who
otherwise would be unable to secure
such coverage because of their health
status.
§ 159.120 Data submission for the
individual and small group markets.
(a) Health insurance issuers
(hereinafter referred to as issuers) must,
in accordance with guidance issued by
the Secretary, submit corporate and
contact information; administrative
information; enrollment data by health
insurance product; product names and
types; whether enrollment is currently
open for each health insurance product;
geographic availability information;
customer service phone numbers; and
Web site links to the issuer Web site,
brochure documents, and provider
networks; and financial ratings on or
before May 21, 2010, and annually
thereafter.
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(b) Issuers must, as determined by the
Secretary, submit pricing and benefit
information for their portal plans on or
before September 3, 2010, and annually
thereafter.
(c) Issuers must submit updated
pricing and benefit data for their portal
plans whenever they change premiums,
cost-sharing, types of services covered,
coverage limitations, or exclusions for
one or more of their individual or small
group portal plans.
(d) Issuers must submit pricing and
benefit data for portal plans associated
with products that are newly open or
newly reopened for enrollment within
30 days of opening for enrollment.
(e) Issuers must annually verify the
data submitted under paragraphs (a)
through (d) of this section, and make
corrections to any errors that are found.
(f) Issuers must submit administrative
data on products and portal plans, and
these performance ratings, percent of
individual market and small group
market policies that are rescinded; the
percent of individual market policies
sold at the manual rate; the percent of
claims that are denied under individual
market and small group market policies;
and the number and disposition of
appeals on denials to insure, pay claims
and provide required preauthorizations,
for future releases of the Web portal in
accordance with guidance issued by the
Secretary.
(g) The issuer’s CEO or CFO must
electronically certify to the
completeness and accuracy of all data
submitted for the October 1, 2010,
release of the Web portal and for any
future updates to these requirements.
Dated: April 29, 2010.
Jay Angoff,
Director, Office of Consumer Information and
Insurance Oversight.
Dated: April 29, 2010.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010–10504 Filed 4–30–10; 4:15 pm]
BILLING CODE 4150–03–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100218107–0199–01]
RIN 0648–AY60
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2010
Management Measures
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; request for
comments.
SUMMARY: By this final rule, NMFS
establishes fishery management
measures for the 2010 ocean salmon
fisheries off Washington, Oregon, and
California and the 2011 salmon seasons
opening earlier than May 1, 2011.
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,
2010, until the effective date of the 2011
management measures, as published in
the Federal Register.
Comments must be received by May
20, 2010.
ADDRESSES: You may submit comments,
identified by 0648–AY60, 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: No comments will be
posted for public viewing until after the
comment period has closed. 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
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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). You may submit
attachments to electronic comments 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 the
Council’s Web site (https://
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
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
2010 and pre-May 2011 ocean salmon
fisheries were recommended by the
Pacific Fishery Management Council
(Council) at its April 9 to 15, 2010,
meeting.
Schedule Used to Establish 2010
Management Measures
The Council announced its annual
preseason management process for the
2010 ocean salmon fisheries in the
Federal Register on December 30, 2009
(74 FR 69070), and on the Council’s
Web site at (https://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
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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 2010 and pre-May 2011
ocean salmon fishery first became
available. The first report, ‘‘Review of
2009 Ocean Salmon Fisheries,’’
summarizes biological and socioeconomic data for the 2009 ocean
salmon fisheries and assesses how well
the Council’s 2009 management
objectives were met. The second report,
‘‘Preseason Report I Stock Abundance
Analysis for 2010 Ocean Salmon
Fisheries’’ (PRE I), provides the 2010
salmon stock abundance projections and
analyzes the impacts on the stocks and
Council management goals if the 2009
regulations and regulatory procedures
were applied to the projected 2010 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 Sacramento,
CA from March 5 to 11, 2010, to develop
2010 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 2010 Ocean
Salmon Fisheries,’’ which analyzes the
effects of the proposed 2010
management options.
Public hearings, sponsored by the
Council, to receive testimony on the
proposed options were held on March
29, 2010, in Westport, WA and Coos
Bay, OR; and March 30, 2010, 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
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also received public testimony at both
the March and April meetings and
received written comments at the
Council office.
The Council met from April 9 to 15,
2010, in Portland, OR to adopt its final
2010 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 2010 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 (https://www.pcouncil.org).
Resource Status
Fisheries south of Cape Falcon, OR
are limited primarily by the status of
Sacramento River fall Chinook salmon
and Sacramento River winter Chinook
salmon, which is an evolutionarily
significant unit (ESU) listed under the
Endangered Species Act (ESA).
Fisheries north of Cape Falcon are
limited by Lower Columbia River
Chinook salmon, and Lower Columbia
River coho salmon, stocks which are
both listed under the ESA, and by
Thompson River coho from Canada. At
the start of the preseason planning
process for the 2010 management
season, NMFS provided a letter to the
Council, dated March 2, 2010,
summarizing its ESA consultation
standards for listed species as required
by the Salmon FMP. Supplementary
guidance regarding Sacramento River
winter Chinook salmon was provided to
the Council by NMFS in an additional
letter dated March 24, 2010. 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’ ESA
requirements.
The Sacramento River fall Chinook
salmon stock (SRFC) is the major
contributing stock to ocean Chinook
salmon fisheries off Oregon and
California. Chinook salmon fisheries
south of Cape Falcon were largely
closed in 2008 and 2009 to conserve
SRFC in response to low preseason
abundance forecasts. Despite the
closures, SRFC failed to meet its
conservation objective of 122,000–
180,000 adult natural and hatchery
spawners in 2007, 2008, and 2009
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(87,940, 64,456, and 39,530 spawners
respectively). Because the SRFC
conservation objective has not been met
for the last three years NMFS informed
the Council in a letter dated March 2,
2010, that the stock is now considered
‘‘overfished’’ and rebuilding measures
will be required. The preseason forecast
for SRFC escapement in 2010, in the
absence of fishing, is 245,500. Based on
this forecast, and in light of recent
declines in adult escapement and
scientific uncertainty related to the 2010
forecast, the Council has recommended
conservative management measures
designed to achieve a SRFC spawning
escapement of 180,000, the upper end of
the conservation objective for this stock.
NMFS consulted under ESA section 7
regarding the effects of the 2010
fisheries on the Sacramento River
winter Chinook salmon Evolutionarily
Significant Unit (ESU) and has
completed a Biological Opinion which
includes a reasonable and prudent
alternative (RPA) to avoid jeopardizing
the continued existence of this ESU.
The RPA includes management area
specific fishing season openings and
closures, and minimum size limits for
both commercial and recreational
fisheries. NMFS provided guidance to
the Council regarding the effects of the
2010 fisheries on the Sacramento River
winter Chinook salmon ESU. The
Council incorporated the RPA into their
recommended 2010 management
measures.
NMFS consulted under ESA section 7
regarding the effects of the 2010
fisheries on the Lower Columbia River
(LCR) Chinook salmon ESU and has
completed a Biological Opinion
concluding that the proposed 2010
fisheries are not likely to jeopardize the
continued existence of LCR Chinook.
NMFS provided guidance to the Council
regarding the effects of the 2010
fisheries on the LCR Chinook salmon
ESU. The LCR Chinook salmon ESU is
comprised of a spring component, a ‘‘farnorth’’ 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 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,
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41 percent in 2008, and then to 38
percent in 2009 and 2010.
The United States approved a new
Pacific Salmon Treaty (PST) Agreement
in 2008 that was negotiated and
recommended by the Pacific Salmon
Commission. This Agreement took effect
on January 1, 2009. It 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.
ESA-listed 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 2010, 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.
In 2008, NMFS conducted ESA
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
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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 2010, the harvest matrix prescribes
an ocean exploitation rate of 15 percent,
and a combined ocean and freshwater
exploitation rate of 21.4 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 2010,
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 15
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 2010
season, the applicable spawner status
and marine survival index are both in
the ‘‘low’’ 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 PST and, along with
LCR coho, is the coho stock most
limiting the 2010 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 PST
agreements and the Salmon FMP, with
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a marine exploitation rate of 9.8 percent
in U.S. fisheries.
Management Measures for 2010
Fisheries
The Council-recommended ocean
harvest levels and management
measures for the 2010 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.
Reflective of preseason stock
abundance forecasts, north of Cape
Falcon the 2010 management measures
have a significantly higher Chinook
salmon quota and a substantially lower
coho quota relative to the 2009 season.
The total allowable catch for 2010 is
172,000 Chinook and 120,500 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
August and September to protect ESA
listed Hood Canal summer chum. The
Council has recommended such a
prohibition for the last nine years.
South of Cape Falcon, OR, the
commercial salmon fishery will be
limited to a 30,375-fish quota of
Chinook salmon primarily between
Horse Mountain and Point Arena,
California. There will be no commercial
salmon fishery on coho south of Cape
Falcon in 2010 due to greatly reduced
abundance forecast for Oregon
Production Index (OPI) coho as
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compared with 2009. Recreational
fisheries south of Cape Falcon will have
a quota of 26,000 marked hatchery coho,
a greatly reduced fishery off Oregon
compared to 2009. Recreational fisheries
for Chinook salmon south of Cape
Falcon, Oregon to Horse Mountain,
California will be open May 29 through
September 6; south of Horse Mountain
to the U.S./Mexico border the 2010
recreational season will begin May 1.
The treaty-Indian commercial troll
fishery quota is 55,000 Chinook salmon
in ocean management areas and
Washington State Statistical Area 4B
combined. This quota is higher than the
39,000 Chinook salmon quota in 2009.
The fisheries include a Chinookdirected fishery in May and June with
a quota of 27,500 Chinook salmon, and
an all-salmon season beginning July 1
with a 27,500 Chinook salmon subquota. The coho quota for the treatyIndian troll fishery in ocean
management areas, including
Washington State Statistical Area 4B, for
the July–September period is 27,500
coho, a substantial decrease from the
60,000 coho quota in 2009.
Management Measures for 2011
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 2011 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 will
open in 2011 as indicated in the Season
Description section. At the March 2011
meeting, the Council may consider
inseason recommendations to adjust the
commercial season prior to May 1 in the
areas off Oregon and the recreational
season 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
2010 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
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in the Federal Register as soon as
practicable.
The following are the management
measures recommended by the Council
and approved and implemented here for
2010 and, as specified, for 2011.
Section 1. Commercial Management
Measures for 2010 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
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North of Cape Falcon, OR
—U.S./Canada Border to Cape Falcon
May 1 through the earlier of June 30
or 42,000 Chinook quota. Seven days
per week (C.1). All salmon except coho
(C.7). Cape Flattery, Mandatory
Yelloweye Rockfish Conservation Area,
and Columbia Control Zones closed
(C.5). See gear restrictions and
definitions (C.2, C.3). When it is
projected that 35,000 Chinook have
been landed, NMFS will consider
inseason action to modify the open
period and add landing and possession
limits to extend the fishery through the
end of June.
July 1 through earlier of September 14
or 14,000 Chinook preseason quota (C.8)
or a landed catch quota of 11,800
marked coho (C.8.d). Open July 1–6,
then Friday through Tuesday through
July 27, then Saturday through Tuesday
thereafter. Landing and possession limit
of 150 Chinook and 50 coho per vessel
per open period north of Leadbetter
Point or 150 Chinook and 50 coho south
of Leadbetter Point (C.1). All Salmon
except no chum retention north of Cape
Alava, Washington in August and
September (C.7). All coho must be
marked with a healed adipose fin
clip(C.8.d). See gear restrictions and
definitions (C.2, C.3). Cape Flattery,
Mandatory Yelloweye Rockfish
Conservation Area, and Columbia
Control Zones closed (C.5).
Oregon State regulations require that
fishers south of Cape Falcon, OR
intending to fish within this area notify
Oregon Department of Fish and Wildlife
(ODFW) 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
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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).
of 30 Chinook per vessel per day and 90
Chinook per vessel per calendar week;
all vessels fishing in this area must land
and deliver all fish within this area or
Port Orford, within 24 hours of any
closure in this fishery, and prior to
fishing outside of this area. Oregon State
regulations require all fishers landing
salmon from any quota managed season
within this area to notify ODFW within
1 hour of delivery or prior to transport
away from the port of landing by calling
(541) 867–0300 ext. 252. Notification
shall include vessel name and number,
number of salmon by species, port of
landing and location of delivery, and
estimated time of delivery. See gear
restrictions and definitions (C.2, C.3).
June 1–30; September 1–30. Sufficient
impacts to conduct an experimental
genetic stock identification study. All
salmon must be released in good
condition after collection of biological
samples.
In 2011, the season will open March
15 for all salmon except coho, with a 28
inch Chinook minimum size limit. This
opening could be modified following
Council review at its March 2011
meeting.
South of Cape Falcon, OR
—Oregon/California Border to
Humboldt South Jetty (California KMZ)
Closed except for sufficient impacts to
conduct an experimental genetic stock
identification study May 1 through
September 30. All salmon must be
released in good condition after
collection of biological samples.
—Cape Falcon to Humbug Mountain
May 1–July 6, July 9–13, 16–20, 23–
27, August 1–25 (C.9). All salmon
except coho (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.
September 1–30. Sufficient impacts to
conduct an experimental genetic stock
identification study. All salmon must be
released in good condition after
collection of biological samples.
In 2011, the season will open March
15 for all salmon except coho. This
opening could be modified following
Council review at its March 2011
meeting.
—Humbug Mountain to Oregon/
California Border
May 1–31;
July 1 through earlier of July 31, or a
1,500 Chinook quota;
Aug. 1 through earlier of Aug. 31, or
a 1,500 Chinook quota (C.9).
All salmon except coho (C.7). Chinook
28 inch total length minimum size limit
(B). Prior to June 1, landing and
possession limit of 100 Chinook per
vessel per calendar week; all vessels
fishing in the area must land their fish
in the area or Port Orford. July 1 through
August 31, landing and possession limit
PO 00000
Frm 00114
Fmt 4700
Sfmt 4700
—Humboldt South Jetty to Horse Mt.
Closed.
—Horse Mt. to Point Arena (Fort Bragg)
July 1–4, 8–11; July 15 through the
earlier of July 29 or an 18,000 Chinook
quota.
August 1 through the earlier of August
31 or a 9,375 Chinook preseason quota
(C.8, C.9).
All salmon except coho (C.7). Chinook
minimum size limit of 27 inches total
length (B). All vessels fishing in the area
must land their fish in the area when
the fishery is managed under a quota; all
fish must be offloaded within 24 hours
of any closure of the fishery (C1). See
gear restrictions and definitions (C.2,
C.3).
May 1 through June 30; September 1–
30. Sufficient impacts to conduct an
experimental genetic stock
identification study. All salmon must be
released in good condition after
collection of biological samples.
—Pt. Arena to U.S./Mexico Border
July 1–4, 8–11 (C.9). All salmon
except coho (C.7). Chinook minimum
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size limit of 27 inches total length (B).
See gear restrictions and definitions
(C.2, C.3).
May 1 through June 30; July 13
through September 30. Sufficient
impacts to conduct an experimental
genetic stock identification study. All
salmon must be released in good
condition after collection of biological
samples.
B. Minimum Size (Inches) (See C.1)
Chinook
Coho
Area (when open)
Pink
Total length
North of Cape Falcon, OR ....................................................
Cape Falcon to Horse Mt. .....................................................
Horse Mt. to US-Mexico Border ............................................
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 21.5 in = 54.6
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
a. Salmon may be taken only by hook
and line using single point, single
shank, barbless hooks.
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.
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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
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24487
Head-off
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
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′09Pprime; 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
Frm 00115
Head-off
28.0
21.5
16.0
12.0 None.
28.0
21.5 ........................ ........................ None.
27.0
20.5 ........................ ........................ None.
cm, 20.5 in = 52.1 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
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.
PO 00000
Total length
Fmt 4700
Sfmt 4700
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
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
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harvest must be obtained from the
International Pacific Halibut
Commission (IPHC) (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 25,035 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, IPHC license
holders may possess or land no more
than one Pacific halibut per each three
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
salmon trollers voluntarily avoid a
‘‘C-shaped’’ yelloweye rockfish
conservation 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°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.
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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).
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Jkt 220001
c. At the March 2011 meeting, the
Council will consider inseason
recommendations for special regulations
for any experimental fisheries
(proposals must meet Council protocol
and be received in November 2010).
d. If retention of unmarked coho is
permitted 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. Chinook remaining from the Horse
Mt. to Point Arena commercial troll
quota in July may be transferred to the
August preseason quota 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 2010 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
June 12 through earlier of June 30 or
a marked Chinook quota of 12,000 (C.5).
Seven days per week. Two fish per day,
all salmon except coho, all Chinook
must be marked with a healed adipose
fin clip (C.1). No later than June 23,
NMFS will consider inseason action to
change bag limits. Chinook 24-inch total
length minimum size limit (B). See gear
restrictions (C.2). Inseason management
may be used to sustain season length
PO 00000
Frm 00116
Fmt 4700
Sfmt 4700
and keep harvest within the overall
Chinook recreational TAC for north of
Cape Falcon (C.5).
—U.S./Canada Border to Cape Alava
(Neah Bay)
July 1 through earlier of September 19
or 6,990 marked coho subarea quota
with a subarea guideline of 5,400
Chinook (C.5). Tuesday through
Saturday. All salmon except no chum
beginning August 1. Two fish per day,
only one of which can be a Chinook; no
later than July 14, NMFS will consider
inseason action to remove the one
Chinook bag limit restriction. All
retained coho must be marked (C.1). 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)
July 1 through earlier of September 19
or 1,700 marked coho subarea quota
with a subarea guideline of 2,450
Chinook (C.5).
September 25 through earlier of
October 10 or 50 marked coho quota or
50 Chinook quota (C.5) in the area north
of 47°50′00 N. lat. and south of
48°00′00″ N. lat. Tuesday through
Saturday through September 19, seven
days per week beginning September 25.
All salmon, two fish per day, only one
of which can be a Chinook; no later than
July 14, NMFS will consider inseason
action to remove the one Chinook bag
limit restriction. All retained coho must
be marked (C.1). 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).
—Queets River to Leadbetter Point
(Westport Subarea)
July 4 through earlier of September 19
or 24,860 marked coho subarea quota
with a subarea guideline of 28,000
Chinook (C.5). Sunday through
Thursday. All salmon, two fish per day,
only one of which can be a Chinook; no
later than July 14, NMFS will consider
inseason action to remove the one
Chinook bag limit restriction. All
retained coho must be marked (C.1). 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).
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—Leadbetter Point to Cape Falcon
(Columbia River Subarea)
July 1 through earlier of September 30
or 33,600 marked coho subarea quota
with a subarea guideline of 13,100
Chinook (C.5). Seven days per week. All
salmon, two fish per day, only one of
which can be a Chinook; no later than
July 14, NMFS will consider inseason
action to remove the one Chinook bag
limit restriction. All retained coho must
be marked (C.1). 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 OR/CA Border
Except as provided below during the
all-salmon mark-selective coho fishery,
the season will be May 29 through
September 6 (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).
All-salmon mark-selective coho
fishery: June 26 through earlier of Sept.
6 or a landed catch of 26,000 marked
coho. The all salmon except coho
season may reopen upon attainment of
the coho quota. Seven days per week, all
salmon, two fish per day. All retained
coho must be marked (C.1). Fishing in
the Stonewall Bank groundfish
conservation area restricted to trolling
only on days the all depth recreational
halibut fishery is open (call the NMFS
halibut fishing hotline 1–800–662–9825
for specific dates) (C.3.b, C.4.d). Open
days may be adjusted inseason to utilize
the available quota (C.5).
In 2011, 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).
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).
Inseason action may be taken to open
the fishery in April 2011 pending
review at the March 2011 Council
meeting of information on 2010
spawning escapements, 2011 abundance
forecasts, annual management
objectives, or other relevant issues.
—OR/CA Border to Horse Mt.
(California KMZ)
May 29 through September 6 (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). See
California State regulations for
additional closures adjacent to the
Smith, Eel, and Klamath rivers.
April 3–30. Seven days per week. All
salmon except coho; two fish per day
(C.1). Chinook minimum size limit of 20
inches total length (B). See gear
restrictions and definitions (C.2, C.3).
May 1 through September 6. Thursday
through Monday. 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).
Inseason action may be taken to open
the fishery in April 2011 pending
review at the March 2011 Council
meeting of information on 2010
spawning escapements, 2011 abundance
forecasts, annual management
objectives, or other relevant issues.
—Horse Mt. to Point Arena (Fort Bragg)
April 3–30. Seven days per week. All
salmon except coho; two fish per day
(C.1). Chinook minimum size limit of 20
inches total length (B). See gear
restrictions and definitions (C.2, C.3).
May 1 through September 6. Seven
days per week. All salmon except coho;
Area (when open)
—Point Arena to U.S./Mexico Border
B. Minimum Size (Total Length in
Inches) (See C.1)
Chinook
North of Cape Falcon ....................................................................................................................
Cape Falcon to OR/CA Border .....................................................................................................
OR/CA Border to Horse Mountain ................................................................................................
Horse Mountain to U.S./Mexico Border:
April 3–30 ...............................................................................................................................
May 1–September 6 ...............................................................................................................
Coho
Pink
24.0
24.0
24.0
16.0
16.0
........................
None.
None.
24.0.
20.0
24.0
........................
........................
20.0.
24.0.
Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, and 16.0 in = 40.6 cm.
been attained (additional state
restrictions may apply).
C.1. Compliance With Minimum Size
and Other Special Restrictions
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C. Special Requirements, Definitions,
Restrictions, or Exceptions
C.2. Gear 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
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Jkt 220001
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.]
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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
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
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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 a fishery impact
equivalent 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 a fishery impact equivalent
basis if there is agreement among the
representatives of the Salmon Advisory
Subpanel (SAS).
d. If retention of unmarked coho is
permitted in the area from the U.S./
Canada border to Cape Falcon, Oregon,
by inseason action, the allowable coho
quota will be adjusted to ensure
preseason projected mortality of critical
stocks is not exceeded.
C.6. Additional Seasons in State
Territorial Waters
Consistent with Council management
objectives, the States of Washington,
Oregon, and California may establish
limited seasons in state waters. Check
state regulations for details.
Section 3. Treaty Indian Management
Measures for 2010 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 27,500 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 27,500 preseason
Chinook quota, or 41,500 coho quota.
All Salmon. See size limit (B) and other
restrictions (C).
B. Minimum Size (Inches)
Chinook
Coho
Area (when open)
Pink
Total
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North of Cape Falcon ............................................................
Head-off
Total
Head-off
24.0
18.0
16.0
12.0
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations
C. Special Requirements, Restrictions,
and Exceptions
C.1. Tribal 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.)
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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 2004–2009. Fish taken during this
fishery are to be counted against treaty
troll quotas established for the 2010
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 18, 2010,
NMFS published a final rule (75 FR
13024) to implement the IPHC’s
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 2010. 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 25,035 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, IPHC license
holders may possess or land no more
than one Pacific halibut per each three
Chinook, except one Pacific halibut may
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24491
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 .....
Cape Alava, WA .........
Queets River, WA ......
Leadbetter Point, WA
Cape Falcon, OR ........
Florence South Jetty,
OR.
Humbug Mountain,
OR.
Oregon-California Border.
Humboldt South Jetty,
CA.
Horse Mountain, CA ..
Point Arena, CA .........
Point Reyes, CA .........
Point San Pedro, CA ..
Pigeon Point, CA ........
Point Sur, CA .............
Point Conception, CA
48°23′00″
48°10′00″
47°31′42″
46°38′10″
45°46′00″
44°00′54″
N.
N.
N.
N.
N.
N.
lat.
lat.
lat.
lat.
lat.
lat.
42°40′30″ N. lat.
42°00′00″ N. lat.
40°45′53″ N. lat.
40°05′00″
38°57′30″
37°59′44″
37°35′40″
37°11′00″
36°18′00″
34°27′00″
N.
N.
N.
N.
N.
N.
N.
lat.
lat.
lat.
lat.
lat.
lat.
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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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,
pursuant to guidance from the Office of
Management and Budget.
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, 2010. These regulations are
being promulgated under the authority
of 16 U.S.C. 1855(d) and 16 U.S.C.
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;
for this year, the forecast information
became available when the Council
released Preseason Report I, on February
24, 2010. 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
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14:33 May 04, 2010
Jkt 220001
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
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. This would result in lost fishing
opportunities for Chinook salmon north
of Cape Falcon. In 2009 the commercial
fishery north of Cape Falcon began on
May 1, with specific dates open for
fishing, with a 13,745 Chinook salmon
quota and a landing limit of 75 Chinook
salmon per vessel per period; under the
2010 management measures, this fishery
begins May 1, open seven days per
week, with a 42,000 Chinook salmon
quota and no specified landing and
possession limit until July 1. Therefore,
if this regulation is not in place on May
1, fishers will lose the opportunity to
fully access the available Chinook
salmon in May and June, and will be
unnecessarily restricted to a lower
period limit. In addition, the
discrepancy will cause confusion for the
fishermen. Both north and south of Cape
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Sfmt 4700
Falcon, recreational coho fisheries will
be more restrictive under 2010
management measures. In 2009, the
recreational fishery north of Cape
Falcon had a quota of 176,400 marked
coho, in 2010 that quota will be 67,200;
from Cape Falcon to the Oregon/
California border had a 110,000 coho
quota, in 2010 the recreational coho
quota will be 26,000; managing these
recreational fisheries under 2009
measures would result in over
harvesting available coho stocks.
Recreational salmon fisheries south of
the Oregon/California border were
largely closed in 2009, under 2010
management measures there is the
opportunity for a recreational Chinook
salmon fishery opening May 1, if this
regulation is not in place on May 1
fishers will lose the opportunity to fish
off California.
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 mid-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
negatively impact anticipated
international, state, and tribal salmon
fisheries, thereby undermining the
purposes of this agency action.
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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 (https://
www.nwr.noaa.gov and https://
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
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14:33 May 04, 2010
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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.
NMFS reiterated their consultation
standards for all ESA listed salmon and
steelhead species in their annual
Guidance letters to the Council dated
March 2 and 24, 2010. 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 2010 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
2010 annual regulations on LCR
Chinook salmon. NMFS concluded that
the proposed 2010 fisheries are not
likely to jeopardize the continued
existence of LCR Chinook salmon.
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24493
NMFS also consulted this year on the
effects of the 2010 annual regulations on
Sacramento River winter Chinook
salmon. NMFS provided a reasonable
and prudent alternative in its jeopardy
biological opinion. 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.
This final rule does not contain
policies with federalism implications
under Executive Order 13132.
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 30, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–10566 Filed 4–30–10; 4:15 pm]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24482-24493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10566]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100218107-0199-01]
RIN 0648-AY60
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2010 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 24483]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: By this final rule, NMFS establishes fishery management
measures for the 2010 ocean salmon fisheries off Washington, Oregon,
and California and the 2011 salmon seasons opening earlier than May 1,
2011. 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, 2010, until the effective date of the 2011 management measures,
as published in the Federal Register.
Comments must be received by May 20, 2010.
ADDRESSES: You may submit comments, identified by 0648-AY60, 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: No comments will be posted for public viewing until
after the comment period has closed. 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). You may submit attachments to
electronic comments 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 the Council's Web site (https://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 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 2010 and pre-May 2011 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 9 to 15, 2010, meeting.
Schedule Used to Establish 2010 Management Measures
The Council announced its annual preseason management process for
the 2010 ocean salmon fisheries in the Federal Register on December 30,
2009 (74 FR 69070), and on the Council's Web site at (https://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 2010 and pre-May
2011 ocean salmon fishery first became available. The first report,
``Review of 2009 Ocean Salmon Fisheries,'' summarizes biological and
socio-economic data for the 2009 ocean salmon fisheries and assesses
how well the Council's 2009 management objectives were met. The second
report, ``Preseason Report I Stock Abundance Analysis for 2010 Ocean
Salmon Fisheries'' (PRE I), provides the 2010 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2009 regulations and regulatory procedures were
applied to the projected 2010 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
Sacramento, CA from March 5 to 11, 2010, to develop 2010 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 2010 Ocean Salmon Fisheries,'' which analyzes
the effects of the proposed 2010 management options.
Public hearings, sponsored by the Council, to receive testimony on
the proposed options were held on March 29, 2010, in Westport, WA and
Coos Bay, OR; and March 30, 2010, 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
[[Page 24484]]
also received public testimony at both the March and April meetings and
received written comments at the Council office.
The Council met from April 9 to 15, 2010, in Portland, OR to adopt
its final 2010 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 2010 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 (https://www.pcouncil.org).
Resource Status
Fisheries south of Cape Falcon, OR are limited primarily by the
status of Sacramento River fall Chinook salmon and Sacramento River
winter Chinook salmon, which is an evolutionarily significant unit
(ESU) listed under the Endangered Species Act (ESA). Fisheries north of
Cape Falcon are limited by Lower Columbia River Chinook salmon, and
Lower Columbia River coho salmon, stocks which are both listed under
the ESA, and by Thompson River coho from Canada. At the start of the
preseason planning process for the 2010 management season, NMFS
provided a letter to the Council, dated March 2, 2010, summarizing its
ESA consultation standards for listed species as required by the Salmon
FMP. Supplementary guidance regarding Sacramento River winter Chinook
salmon was provided to the Council by NMFS in an additional letter
dated March 24, 2010. 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'
ESA requirements.
The Sacramento River fall Chinook salmon stock (SRFC) is the major
contributing stock to ocean Chinook salmon fisheries off Oregon and
California. Chinook salmon fisheries south of Cape Falcon were largely
closed in 2008 and 2009 to conserve SRFC in response to low preseason
abundance forecasts. Despite the closures, SRFC failed to meet its
conservation objective of 122,000-180,000 adult natural and hatchery
spawners in 2007, 2008, and 2009 (87,940, 64,456, and 39,530 spawners
respectively). Because the SRFC conservation objective has not been met
for the last three years NMFS informed the Council in a letter dated
March 2, 2010, that the stock is now considered ``overfished'' and
rebuilding measures will be required. The preseason forecast for SRFC
escapement in 2010, in the absence of fishing, is 245,500. Based on
this forecast, and in light of recent declines in adult escapement and
scientific uncertainty related to the 2010 forecast, the Council has
recommended conservative management measures designed to achieve a SRFC
spawning escapement of 180,000, the upper end of the conservation
objective for this stock.
NMFS consulted under ESA section 7 regarding the effects of the
2010 fisheries on the Sacramento River winter Chinook salmon
Evolutionarily Significant Unit (ESU) and has completed a Biological
Opinion which includes a reasonable and prudent alternative (RPA) to
avoid jeopardizing the continued existence of this ESU. The RPA
includes management area specific fishing season openings and closures,
and minimum size limits for both commercial and recreational fisheries.
NMFS provided guidance to the Council regarding the effects of the 2010
fisheries on the Sacramento River winter Chinook salmon ESU. The
Council incorporated the RPA into their recommended 2010 management
measures.
NMFS consulted under ESA section 7 regarding the effects of the
2010 fisheries on the Lower Columbia River (LCR) Chinook salmon ESU and
has completed a Biological Opinion concluding that the proposed 2010
fisheries are not likely to jeopardize the continued existence of LCR
Chinook. NMFS provided guidance to the Council regarding the effects of
the 2010 fisheries on the LCR Chinook salmon ESU. 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 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, 41 percent in 2008, and then to 38 percent in 2009 and
2010.
The United States approved a new Pacific Salmon Treaty (PST)
Agreement in 2008 that was negotiated and recommended by the Pacific
Salmon Commission. This Agreement took effect on January 1, 2009. It
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. ESA-listed 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 2010, 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.
In 2008, NMFS conducted ESA 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
[[Page 24485]]
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 2010, the harvest matrix prescribes an ocean exploitation rate of
15 percent, and a combined ocean and freshwater exploitation rate of
21.4 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 2010, 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 15 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
2010 season, the applicable spawner status and marine survival index
are both in the ``low'' 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 PST
and, along with LCR coho, is the coho stock most limiting the 2010
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 PST agreements and the Salmon FMP, with a marine
exploitation rate of 9.8 percent in U.S. fisheries.
Management Measures for 2010 Fisheries
The Council-recommended ocean harvest levels and management
measures for the 2010 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.
Reflective of preseason stock abundance forecasts, north of Cape
Falcon the 2010 management measures have a significantly higher Chinook
salmon quota and a substantially lower coho quota relative to the 2009
season. The total allowable catch for 2010 is 172,000 Chinook and
120,500 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 August and September to protect ESA listed Hood Canal
summer chum. The Council has recommended such a prohibition for the
last nine years.
South of Cape Falcon, OR, the commercial salmon fishery will be
limited to a 30,375-fish quota of Chinook salmon primarily between
Horse Mountain and Point Arena, California. There will be no commercial
salmon fishery on coho south of Cape Falcon in 2010 due to greatly
reduced abundance forecast for Oregon Production Index (OPI) coho as
compared with 2009. Recreational fisheries south of Cape Falcon will
have a quota of 26,000 marked hatchery coho, a greatly reduced fishery
off Oregon compared to 2009. Recreational fisheries for Chinook salmon
south of Cape Falcon, Oregon to Horse Mountain, California will be open
May 29 through September 6; south of Horse Mountain to the U.S./Mexico
border the 2010 recreational season will begin May 1.
The treaty-Indian commercial troll fishery quota is 55,000 Chinook
salmon in ocean management areas and Washington State Statistical Area
4B combined. This quota is higher than the 39,000 Chinook salmon quota
in 2009. The fisheries include a Chinook-directed fishery in May and
June with a quota of 27,500 Chinook salmon, and an all-salmon season
beginning July 1 with a 27,500 Chinook salmon 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 27,500 coho, a substantial decrease from the 60,000 coho
quota in 2009.
Management Measures for 2011 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 2011 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 will open in 2011 as indicated in the
Season Description section. At the March 2011 meeting, the Council may
consider inseason recommendations to adjust the commercial season prior
to May 1 in the areas off Oregon and the recreational season 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 2010 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
[[Page 24486]]
in the Federal Register as soon as practicable.
The following are the management measures recommended by the
Council and approved and implemented here for 2010 and, as specified,
for 2011.
Section 1. Commercial Management Measures for 2010 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 42,000 Chinook quota. Seven
days per week (C.1). All salmon except coho (C.7). Cape Flattery,
Mandatory Yelloweye Rockfish Conservation Area, and Columbia Control
Zones closed (C.5). See gear restrictions and definitions (C.2, C.3).
When it is projected that 35,000 Chinook have been landed, NMFS will
consider inseason action to modify the open period and add landing and
possession limits to extend the fishery through the end of June.
July 1 through earlier of September 14 or 14,000 Chinook preseason
quota (C.8) or a landed catch quota of 11,800 marked coho (C.8.d). Open
July 1-6, then Friday through Tuesday through July 27, then Saturday
through Tuesday thereafter. Landing and possession limit of 150 Chinook
and 50 coho per vessel per open period north of Leadbetter Point or 150
Chinook and 50 coho south of Leadbetter Point (C.1). All Salmon except
no chum retention north of Cape Alava, Washington in August and
September (C.7). All coho must be marked with a healed adipose fin
clip(C.8.d). See gear restrictions and definitions (C.2, C.3). Cape
Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia
Control Zones closed (C.5).
Oregon State regulations require that fishers south of Cape Falcon,
OR intending to fish within this area notify Oregon Department of Fish
and Wildlife (ODFW) 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).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
May 1-July 6, July 9-13, 16-20, 23-27, August 1-25 (C.9). All
salmon except coho (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.
September 1-30. Sufficient impacts to conduct an experimental
genetic stock identification study. All salmon must be released in good
condition after collection of biological samples.
In 2011, the season will open March 15 for all salmon except coho.
This opening could be modified following Council review at its March
2011 meeting.
--Humbug Mountain to Oregon/California Border
May 1-31;
July 1 through earlier of July 31, or a 1,500 Chinook quota;
Aug. 1 through earlier of Aug. 31, or a 1,500 Chinook quota (C.9).
All salmon except coho (C.7). Chinook 28 inch total length minimum size
limit (B). Prior to June 1, landing and possession limit of 100 Chinook
per vessel per calendar week; all vessels fishing in the area must land
their fish in the area or Port Orford. July 1 through August 31,
landing and possession limit of 30 Chinook per vessel per day and 90
Chinook per vessel per calendar week; all vessels fishing in this area
must land and deliver all fish within this area or Port Orford, within
24 hours of any closure in this fishery, and prior to fishing outside
of this area. Oregon State regulations require all fishers landing
salmon from any quota managed season within this area to notify ODFW
within 1 hour of delivery or prior to transport away from the port of
landing by calling (541) 867-0300 ext. 252. Notification shall include
vessel name and number, number of salmon by species, port of landing
and location of delivery, and estimated time of delivery. See gear
restrictions and definitions (C.2, C.3).
June 1-30; September 1-30. Sufficient impacts to conduct an
experimental genetic stock identification study. All salmon must be
released in good condition after collection of biological samples.
In 2011, the season will open March 15 for all salmon except coho,
with a 28 inch Chinook minimum size limit. This opening could be
modified following Council review at its March 2011 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
Closed except for sufficient impacts to conduct an experimental
genetic stock identification study May 1 through September 30. All
salmon must be released in good condition after collection of
biological samples.
--Humboldt South Jetty to Horse Mt.
Closed.
--Horse Mt. to Point Arena (Fort Bragg)
July 1-4, 8-11; July 15 through the earlier of July 29 or an 18,000
Chinook quota.
August 1 through the earlier of August 31 or a 9,375 Chinook
preseason quota (C.8, C.9).
All salmon except coho (C.7). Chinook minimum size limit of 27 inches
total length (B). All vessels fishing in the area must land their fish
in the area when the fishery is managed under a quota; all fish must be
offloaded within 24 hours of any closure of the fishery (C1). See gear
restrictions and definitions (C.2, C.3).
May 1 through June 30; September 1-30. Sufficient impacts to
conduct an experimental genetic stock identification study. All salmon
must be released in good condition after collection of biological
samples.
--Pt. Arena to U.S./Mexico Border
July 1-4, 8-11 (C.9). All salmon except coho (C.7). Chinook minimum
[[Page 24487]]
size limit of 27 inches total length (B). See gear restrictions and
definitions (C.2, C.3).
May 1 through June 30; July 13 through September 30. Sufficient
impacts to conduct an experimental genetic stock identification study.
All salmon must be released in good condition after collection of
biological samples.
B. Minimum Size (Inches) (See C.1)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR..... 28.0 21.5 16.0 12.0 None.
Cape Falcon to Horse Mt...... 28.0 21.5 .............. .............. None.
Horse Mt. to US-Mexico Border 27.0 20.5 .............. .............. None.
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 16.0 in = 40.6
cm, and 12.0 in = 30.5 cm.
----------------------------------------------------------------------------------------------------------------
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance With Minimum Size or Other Special Restrictions
All salmon on board a vessel must meet the minimum size, landing/
possession limit, or other special requirements for the area being
fished and the area in which they are landed if the area is open.
Salmon may be landed in an area that has been closed more than 96 hours
only if they meet the minimum size, landing/possession limit, or other
special requirements for the area in which they were caught. Salmon may
be landed in an area that has been closed less than 96 hours only if
they meet the minimum size, landing/possession limit, or other special
requirements for the areas in which they were caught and landed.
States may require fish landing/receiving tickets to be kept on
board the vessel for 90 days after landing to account for all previous
salmon landings.
C.2. Gear Restrictions
a. Salmon may be taken only by hook and line using single point,
single shank, barbless hooks.
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]15'09Pprime; 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 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
[[Page 24488]]
harvest must be obtained from the International Pacific Halibut
Commission (IPHC) (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 25,035 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, IPHC license holders may possess or land no more
than one Pacific halibut per each three 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 salmon trollers voluntarily avoid a
``C-shaped'' yelloweye rockfish conservation 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 2011 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2010).
d. If retention of unmarked coho is permitted 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. Chinook remaining from the Horse Mt. to Point Arena commercial
troll quota in July may be transferred to the August preseason quota 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 2010 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
June 12 through earlier of June 30 or a marked Chinook quota of
12,000 (C.5). Seven days per week. Two fish per day, all salmon except
coho, all Chinook must be marked with a healed adipose fin clip (C.1).
No later than June 23, NMFS will consider inseason action to change bag
limits. 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).
--U.S./Canada Border to Cape Alava (Neah Bay)
July 1 through earlier of September 19 or 6,990 marked coho subarea
quota with a subarea guideline of 5,400 Chinook (C.5). Tuesday through
Saturday. All salmon except no chum beginning August 1. Two fish per
day, only one of which can be a Chinook; no later than July 14, NMFS
will consider inseason action to remove the one Chinook bag limit
restriction. All retained coho must be marked (C.1). 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)
July 1 through earlier of September 19 or 1,700 marked coho subarea
quota with a subarea guideline of 2,450 Chinook (C.5).
September 25 through earlier of October 10 or 50 marked coho quota
or 50 Chinook quota (C.5) in the area north of 47[deg]50'00 N. lat. and
south of 48[deg]00'00'' N. lat. Tuesday through Saturday through
September 19, seven days per week beginning September 25. All salmon,
two fish per day, only one of which can be a Chinook; no later than
July 14, NMFS will consider inseason action to remove the one Chinook
bag limit restriction. All retained coho must be marked (C.1). 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).
--Queets River to Leadbetter Point (Westport Subarea)
July 4 through earlier of September 19 or 24,860 marked coho
subarea quota with a subarea guideline of 28,000 Chinook (C.5). Sunday
through Thursday. All salmon, two fish per day, only one of which can
be a Chinook; no later than July 14, NMFS will consider inseason action
to remove the one Chinook bag limit restriction. All retained coho must
be marked (C.1). 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).
[[Page 24489]]
--Leadbetter Point to Cape Falcon (Columbia River Subarea)
July 1 through earlier of September 30 or 33,600 marked coho
subarea quota with a subarea guideline of 13,100 Chinook (C.5). Seven
days per week. All salmon, two fish per day, only one of which can be a
Chinook; no later than July 14, NMFS will consider inseason action to
remove the one Chinook bag limit restriction. All retained coho must be
marked (C.1). 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 OR/CA Border
Except as provided below during the all-salmon mark-selective coho
fishery, the season will be May 29 through September 6 (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).
All-salmon mark-selective coho fishery: June 26 through earlier of
Sept. 6 or a landed catch of 26,000 marked coho. The all salmon except
coho season may reopen upon attainment of the coho quota. Seven days
per week, all salmon, two fish per day. All retained coho must be
marked (C.1). Fishing in the Stonewall Bank groundfish conservation
area restricted to trolling only on days the all depth recreational
halibut fishery is open (call the NMFS halibut fishing hotline 1-800-
662-9825 for specific dates) (C.3.b, C.4.d). Open days may be adjusted
inseason to utilize the available quota (C.5).
In 2011, 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).
--OR/CA Border to Horse Mt. (California KMZ)
May 29 through September 6 (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). See California
State regulations for additional closures adjacent to the Smith, Eel,
and Klamath rivers.
--Horse Mt. to Point Arena (Fort Bragg)
April 3-30. Seven days per week. All salmon except coho; two fish
per day (C.1). Chinook minimum size limit of 20 inches total length
(B). See gear restrictions and definitions (C.2, C.3).
May 1 through September 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).
Inseason action may be taken to open the fishery in April 2011
pending review at the March 2011 Council meeting of information on 2010
spawning escapements, 2011 abundance forecasts, annual management
objectives, or other relevant issues.
--Point Arena to U.S./Mexico Border
April 3-30. Seven days per week. All salmon except coho; two fish
per day (C.1). Chinook minimum size limit of 20 inches total length
(B). See gear restrictions and definitions (C.2, C.3).
May 1 through September 6. Thursday through Monday. 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).
Inseason action may be taken to open the fishery in April 2011
pending review at the March 2011 Council meeting of information on 2010
spawning escapements, 2011 abundance forecasts, annual management
objectives, or other relevant issues.
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 OR/CA Border.................. 24.0 16.0 None.
OR/CA Border to Horse Mountain............... 24.0 .............. 24.0.
Horse Mountain to U.S./Mexico Border:
April 3-30............................... 20.0 .............. 20.0.
May 1-September 6........................ 24.0 .............. 24.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, and 16.0 in = 40.6 cm.
----------------------------------------------------------------------------------------------------------------
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance With Minimum Size and Other Special Restrictions
All salmon on board a vessel must meet the minimum size or other
special requirements for the area being fished and the area in which
they are landed if that area is open. Salmon may be landed in an area
that is closed only if they meet the minimum size or other special
requirements for the area in which they were caught.
Ocean Boat Limits: Off the coast of Washington, Oregon, and
California, each fisher aboard a vessel may continue to use angling
gear until the combined daily limits of salmon for all licensed and
juvenile anglers aboard has been attained (additional state
restrictions may apply).
C.2. Gear Restrictions
Salmon may be taken only by hook and line using barbless hooks. All
persons fishing for salmon, and all persons fishing from a boat with
salmon on board, must meet the gear restrictions listed below for
specific areas or seasons.
a. U.S./Canada Border to Point Conception, California: No more than
one rod may be used per angler; and no more than two single point,
single shank barbless hooks are required for all fishing gear. [Note:
ODFW regulations in the 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 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
[[Page 24490]]
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 a fishery impact equivalent 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 a fishery impact
equivalent basis if there is agreement among the representatives of the
Salmon Advisory Subpanel (SAS).
d. If retention of unmarked coho is permitted in the area from the
U.S./Canada border to Cape Falcon, Oregon, by inseason action, the
allowable coho quota will be adjusted to ensure preseason projected
mortality of critical stocks is not exceeded.
C.6. Additional Seasons in State Territorial Waters
Consistent with Council management objectives, the States of
Washington, Oregon, and California may establish limited seasons in
state waters. Check state regulations for details.
Section 3. Treaty Indian Management Measures for 2010 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 27,500 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 27,500 preseason
Chinook quota, or 41,500 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, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 24491]]
C. Special Requirements, Restrictions, and Exceptions
C.1. Tribal 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 2004-2009. Fish taken during this fishery are to be
counted against treaty troll quotas established for the 2010 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 18, 2010, NMFS published
a final rule (75 FR 13024) to implement the IPHC's 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 2010. 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 25,035 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, IPHC license holders may possess or land no more
than one Pacific halibut per each three 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''