Fisheries Off West Coast States; West Coast Salmon Fisheries; 2011 Management Measures, 25246-25258 [2011-10796]
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25246
Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Rules and Regulations
13175, entitled Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: April 26, 2011.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office
of Pesticide Programs.
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[FR Doc. 2011–10706 Filed 5–3–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 1042
Control of Emissions From New and
In-Use Marine Compression-Ignition
Engines and Vessels; CFR Correction
Correction
In rule document 2011–8794
appearing on pages 20550–20551 in the
issue of Wednesday, April 13, 2011,
make the following correction:
§ 1042.901
[Corrected]
On page 20551, in the first column, in
the sixth through ninth lines, the
equation should read:
■
Percent of value = [(Value after modification)
(Value before modification)] × 100% ÷
(Value after modification)
[FR Doc. C1–2011–8794 Filed 5–3–11; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 110223162–1268–01]
Therefore, 40 CFR chapter I is
amended as follows:
RIN 0648–XA184
PART 180—[AMENDED]
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2011
Management Measures
1. The authority citation for part 180
continues to read as follows:
■
■
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; request for
comments; notice of availability of an
environmental assessment.
§ 180.586 Clothianidin; tolerances for
residues.
SUMMARY:
AGENCY:
Authority: 21 U.S.C. 321(q), 346a and 371.
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2. Section 180.586 is amended by
alphabetically adding ‘‘Mustard, seed’’ to
the table in paragraph (a)(1) to read as
follows:
(a) * * *
(1) * * *
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NMFS establishes fishery
management measures for the 2011
ocean salmon fisheries off Washington,
Oregon, and California and the 2012
salmon seasons opening earlier than
May 1, 2012. Specific fishery
management measures vary by fishery
and by area. The measures establish
fishing areas, seasons, quotas, legal gear,
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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). This document
also announces the availability of an
environmental assessment (EA) that
analyzes the environmental impacts of
implementing the 2011 ocean salmon
management measures.
This final rule is effective from
0001 hours Pacific Daylight Time, May
1, 2011, until the effective date of the
2012 management measures, as
published in the Federal Register.
Comments must be received by May
19, 2011.
DATES:
You may submit comments,
identified by 0648–XA184, 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
Stanford.
• Mail: William W. Stelle, Jr.,
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.
ADDRESSES:
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Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Rules and Regulations
Copies of the documents cited in this
document are available from Dr. Donald
O. McIsaac, Executive Director, Pacific
Fishery Management Council, 7700 NE
Ambassador Place, Suite 200, Portland,
OR 97220–1384, and are posted on its
Web site (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
Office of Management and Budget
(OMB), by e-mail at
OIRA.Submission@omb.eop.gov or by
fax at (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Peggy Busby at 206–526–4323, or
Jennifer Stanford at 562–436–2462.
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.
The management measures for the
2011 and pre-May 2012 ocean salmon
fisheries that are implemented in this
final rule were recommended by the
Pacific Fishery Management Council
(Council) at its April 9 to 15, 2011,
meeting.
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Schedule Used To Establish 2011
Management Measures
The Council announced its annual
preseason management process for the
2011 ocean salmon fisheries in the
Federal Register on December 21, 2010
(75 FR 80041), 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 posted 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 four
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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,
‘‘Review of 2010 Ocean Salmon
Fisheries,’’ was prepared in February
when the scientific information
necessary for crafting management
measures for the 2011 and pre-May 2012
ocean salmon fishery first became
available. The first report summarizes
biological and socio-economic data for
the 2010 ocean salmon fisheries and
assesses how well the Council’s 2010
management objectives were met. The
second report, ‘‘Preseason Report I Stock
Abundance Analysis and Environmental
Assessment Part 1 for 2011 Ocean
Salmon Fishery Regulations’’ (PRE I),
provides the 2011 salmon stock
abundance projections and analyzes the
impacts on the stocks and Council
management goals if the 2010
regulations and regulatory procedures
were applied to the projected 2011 stock
abundances. The completion of PRE I is
the initial step in evaluating the full
suite of preseason alternatives.
Following completion of the first two
reports, the Council met in Vancouver,
WA from March 5 to 11, 2011, to
develop 2011 management alternatives
for proposal to the public. The Council
proposed three alternatives for
commercial and recreational fisheries
management for analysis and public
comment. These alternatives 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 Proposed
Alternatives and Environmental
Assessment Part 2 for 2011 Ocean
Salmon Fishery Regulations’’ (PRE II),
which analyzes the effects of the
proposed 2011 management options.
Public hearings, sponsored by the
Council, to receive testimony on the
proposed alternatives were held on
March 28, 2011, in Westport, WA and
Coos Bay, OR; and March 29, 2011, in
Eureka, CA. The States of Washington,
Oregon, and California sponsored
meetings in various forums that also
collected public testimony, which was
then presented to the Council by each
state’s Council representative. The
Council also received public testimony
at both the March and April meetings
and received written comments at the
Council office.
The Council met from April 9 to 15,
2011, in San Mateo, CA to adopt its final
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2011 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 2011 Ocean
Salmon Fisheries’’ (PRE III), which
analyzes the environmental and socioeconomic 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).
National Environmental Policy Act
The Council’s documents described
above (PRE I, PRE II, and PRE III)
collectively comprise the Environmental
Assessment (EA) for this action,
providing analysis of environmental and
socioeconomic effects under the
National Environmental Policy Act
(NEPA). The EA and its related Finding
of No Significant Impact (FONSI) are
posted on the NMFS Northwest Region
Web site (https://www.nwr.noaa.gov).
Resource Status
Fisheries south of Cape Falcon, OR
are limited primarily by the status of
Sacramento River winter Chinook
salmon and California Coastal Chinook
salmon, which are both evolutionarily
significant units (ESU) listed under the
Endangered Species Act (ESA), and
Klamath River fall Chinook salmon.
Fisheries north of Cape Falcon are
limited by Lower Columbia River
Chinook salmon and Lower Columbia
River coho salmon, stocks which are
also listed under the ESA, and by
Thompson River coho from Canada. At
the start of the preseason planning
process for the 2011 management
season, NMFS provided a letter to the
Council, dated March 3, 2011,
summarizing its ESA consultation
standards for listed species as required
by the Salmon FMP. The Council’s
recommended management measures
comply with NMFS ESA consultation
standards and guidance for those listed
salmon species that may be affected by
Council fisheries. In most cases, the
recommended measures are more
restrictive than NMFS’s ESA
requirements.
The Sacramento River fall Chinook
salmon stock (SRFC) 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. In 2010, an
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improved stock forecast of 245,000
supported limited fisheries south of
Cape Falcon. 2010 spawning
escapement for SRFC was 125,353,
which, while lower than projected, met
the stock’s conservation objective of
122,000–180,000 adult natural and
hatchery spawners. Preseason forecasts
for 2011 project a SRFC stock
abundance of 729,900 adults.
In 2010, NMFS consulted under ESA
section 7 and provided guidance to the
Council regarding the effects of Council
area fisheries on the Sacramento River
winter Chinook salmon ESU. NMFS
completed a Biological Opinion that
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. The Council incorporated the
RPA into their recommended 2011
management measures.
NMFS last consulted under ESA
section 7 regarding the effects of
Council area fisheries on California
Coastal Chinook salmon in 2005.
Klamath River fall Chinook are used as
a surrogate to set limits on ocean harvest
impacts. The Biological Opinion
requires that management measures
result in an age-4 ocean harvest rate of
no greater than 16%. This objective is
met by the Council’s recommended
2011 management measures.
Klamath River Fall Chinook (KRFC)
were determined to be overfished based
on escapement levels below the
conservation objective of an average
escapement of 33–34% of potential
spawners and no fewer than 35,000
naturally spawning adults in 2004, 2005
and 2006. The Council developed and
has implemented a rebuilding plan for
the past several years, requiring that the
fishery be managed for an escapement of
the SMSY level of 40,700 (SMSY is the
spawning escapement level that is
expected to produce the maximum
sustainable yield, MSY). Prior to the
start of the 2011 preseason planning
process, NMFS assessed the status of
KRFC and determined that they are
rebuilt based on observed escapements
from 2007–2010 relative to the SMSY
level. Therefore, KRFC are managed in
2011 subject to the conservation
objective in the FMP.
In 2010, NMFS consulted under ESA
section 7 and provided guidance to the
Council regarding the effects of Council
area fisheries on the Lower Columbia
River (LCR) Chinook salmon ESU.
NMFS completed a Biological Opinion
that applies to fisheries in 2010 and
2011 concluding that the proposed 2011
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fisheries, if managed consistent with the
terms of the Biological Opinion, are not
likely to jeopardize the continued
existence of LCR Chinook. The LCR
Chinook salmon ESU is comprised of a
spring component, a ‘‘far-north’’
migrating bright component, and a
component of north migrating tules. The
bright and tule components both have
fall run timing. There are 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, 38 percent in 2009
and 2010, and then to 37 percent in
2011.
In 2008, NMFS conducted an ESA
section 7 consultation and issued a
biological opinion regarding the effects
of Council fisheries and fisheries in the
Columbia River on Lower Columbia
River (LCR) coho. The states of Oregon
and Washington use a harvest matrix for
LCR coho, developed by Oregon,
following their listing under Oregon’s
State ESA. Under the matrix the
allowable harvest in a given year
depends on indicators of marine
survival and brood year escapement.
The matrix has both ocean and in-river
components which can be combined to
define a total exploitation rate limit for
all ocean and in-river fisheries.
Generally speaking, NMFS supports use
of management planning tools that
allow harvest to vary depending on the
year-specific circumstances.
Conceptually, we think Oregon’s
approach is a good one. However,
NMFS has taken a more conservative
approach for LCR coho in recent years
because of unresolved issues related to
application of the matrix. NMFS will
continue to apply the matrix as we have
in the past, by limiting the total harvest
to that allowed in the portion of the
matrix that applies to ocean fisheries.
As a consequence, ocean salmon
fisheries under the Council’s
jurisdiction in 2011, 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. The recommended
management measures that would affect
LCR coho are consistent with this
requirement.
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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 as
modified by the expert advice provided
by the 2000 ad hoc Work Group
appointed by the Council. NMFS
approved the management provisions
for OC coho 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 2011
season, the applicable spawner status is
in the ‘‘high’’ category, but marine
survival index is in the ‘‘low’’ category.
Under this circumstance, the Work
Group report requires that the
exploitation rate be limited to no more
than 15 percent. The recommended
management measures that would affect
OC coho are consistent with this
requirement.
Interior Fraser (Thompson River)
coho, a Canadian stock, continues to be
depressed, remaining in the ‘‘low’’ status
category under the Pacific Salmon
Treaty and, along with LCR coho, is the
coho stock most limiting the 2011 ocean
fisheries north of Cape Falcon. The
recommended management measures
for 2011 satisfy the maximum 10.0
percent total U.S. exploitation rate
called for by the Pacific Salmon Treaty
agreements and the Salmon FMP.
Management Measures for 2011
Fisheries
The Council-recommended ocean
harvest levels and management
measures for the 2011 fisheries are
designed to apportion the burden of
protecting the weak stocks identified
and discussed in PRE I equitably among
ocean fisheries and to allow maximum
harvest of natural and hatchery runs
surplus to inside fishery and spawning
needs. NMFS finds the Council’s
recommendations responsive to the
goals of the Salmon FMP, the
requirements of the resource, and the
socioeconomic factors affecting resource
users. The recommendations are
consistent with the requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act and
U.S. obligations to Indian Tribes with
Federally recognized fishing rights, and
U.S. international obligations regarding
Pacific salmon. Accordingly, NMFS has
adopted them.
North of Cape Falcon, the 2011
management measures for non-Indian
commercial troll and recreational
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fisheries have a significantly lower
Chinook salmon quota and a similar
coho quota relative to the 2010 season.
While Chinook abundance in this area
is generally improved in 2011 relative to
2010, restrictions are necessary to meet
the exploitation rate limit under ESA
consultation for Lower Columbia River
(LCR) tule Chinook, which is 37 percent
in 2011 compared to 38 percent in 2010.
In addition, higher fishing levels are
expected in Alaskan and Canadian
fisheries, resulting in higher impacts on
LCR tule Chinook. The North of Falcon
fisheries are also managed to protect
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 salmon
harvests from Cape Falcon, OR, to the
U.S.-Canada border. Nevertheless, ocean
fisheries in combination with fisheries
inside Puget Sound are 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 in the salmon
fisheries during August and September
to protect ESA listed Hood Canal
summer chum. The Council has
recommended such a prohibition since
2002 (67 FR 30616, May 7, 2002).
South of Cape Falcon, the commercial
salmon fishery will have area specific
openings throughout the season for all
salmon except coho. As in 2010, there
will not be a commercial salmon fishery
for coho south of Cape Falcon in 2011.
Recreational fisheries south of Cape
Falcon will be primarily directed at
Chinook salmon, with opportunity for
coho limited to the area between Cape
Falcon and Humbug Mountain, OR.
Recreational fisheries south of Cape
Falcon will have area specific openings
throughout the season. As noted above,
the projected abundance of Sacramento
River Fall Chinook is significantly
higher in 2011 than in 2010. In
consideration of the scientific
uncertainty in forecasting SRFC stock
abundance, the Council designed
management measures for fisheries
south of Cape Falcon with the goal of
achieving the upper end of the
conservation objective escapement of
180,000. In fact, under the management
measures in this final rule, and
including anticipated in-river fishery
impacts, spawning escapement for SRFC
is projected at 377,000.
The treaty-Indian commercial troll
fishery quota for 2011 is 41,000 Chinook
salmon in ocean management areas and
Washington State Statistical Area 4B
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combined. This quota is lower than the
55,000 Chinook salmon quota in 2010,
for the same reasons discussed above for
the non-Tribal fishery. The treaty-Indian
commercial troll fisheries include a
Chinook-directed fishery in May and
June with a quota of 19,750 Chinook
salmon, and an all-salmon season
beginning July 1 with a 21,250 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 42,000
coho, similar to the 41,500 coho quota
in 2010.
Section 1. Commercial Management
Measures for 2011 Ocean Salmon
Fisheries
Management Measures for 2012
Fisheries
A. Season Description
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, this action also
establishes the 2012 fishing seasons that
open earlier than May 1. 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, the recreational
season off Oregon from Cape Falcon to
Humbug Mountain, and the recreational
season off California from Horse
Mountain to the U.S./Mexico border
will open in 2012 as indicated in the
Season Description section of this
document. At the March 2012 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.
—U.S./Canada Border to Cape Falcon
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
2011 management measures. Inseason
closures in the commercial and
recreational fisheries are announced on
the NMFS hotline and through the U.S.
Coast Guard Notice to Mariners as
described in Section 6. Other inseason
adjustments to management measures
are also announced on the hotline and
through the Notice to Mariners.
Inseason actions will also be published
in the Federal Register as soon as
practicable.
The following are the management
measures recommended by the Council
and approved and implemented here for
2011 and, as specified, for 2012.
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Parts A, B, and C of this section
contain restrictions that must be
followed for lawful participation in the
fishery. Part A identifies each fishing
area and provides the 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.
North of Cape Falcon, OR
May 1 through earlier of June 30 or
20,600 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). An inseason
conference call will occur when it is
projected that 13,700 Chinook have
been landed to consider modifying the
open period to five days per week and
adding landing and possession limits to
ensure the guideline is not exceeded.
July 1 through earlier of September 15
or 10,300 preseason Chinook guideline
(C.8) or a 12,800 marked coho quota
(C.8.d). Friday through Tuesday;
landing and possession limit of 50
Chinook and 50 coho per vessel per
open period north of Leadbetter Point or
50 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 (C.8.d). See gear restrictions and
definitions (C.2, C.3). Cape Flattery,
Mandatory Yelloweye Rockfish
Conservation Area, and Columbia
Control Zones closed; Grays Harbor
Control Zone closed in August and
September (C.5).
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
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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 either calling 541–867–0300 Ext. 271
or sending notification via e-mail to
nfalcon.trollreport@state.or.us.
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
April 15 through July 9, July 17
through August 31, October 1–31. (C.9).
Seven days per week. All salmon except
coho; landing and possession limit of 50
Chinook per vessel per calendar week in
October (C.7). All vessels fishing in the
area must land their fish in the State of
Oregon. See gear restrictions and
definitions (C.2, C.3) and Oregon State
regulations for a description of special
regulations at the mouth of Tillamook
Bay.
In 2012, the season will open March
15 for all salmon except coho. This
opening may be modified following
Council review at its March 2012
meeting.
mstockstill on DSKH9S0YB1PROD with RULES
—Humbug Mountain to Oregon/
California Border (Oregon KMZ)
May 1–31;
June 1 through earlier of June 30, or
a 1,500 Chinook quota;
July 1 through earlier of July 31, or a
1,200 Chinook quota;
Aug. 1 through earlier of Aug. 31, or
a 1,000 Chinook quota (C.9).
Seven days per week. All salmon except
coho (C.7). Chinook 28 inch total length
minimum size limit (B). June 1 through
August 31, landing and possession limit
of 30 Chinook per vessel per day. Any
remaining portion of the June and/or
July Chinook quotas may be transferred
inseason on an impact neutral basis to
the next open quota period (C.8). 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 (C.1, C.6).
Oregon State regulations require all
fishers landing salmon from any quota
managed season within this area to
notify Oregon Dept. of Fish and Wildlife
(ODFW) within 1 hour of delivery or
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prior to transport away from the port of
landing by either calling (541) 867–0300
ext. 252 or sending notification via email to KMZOR.trollreport@state.or.us.
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).
In 2012, the season will open March
15 for all salmon except coho, with a 28
inch Chinook minimum size limit. This
opening may be modified following
Council review at its March 2012
meeting.
—Oregon/California Border to
Humboldt South Jetty (California KMZ)
July 2 through the earlier of July 20 or
a 1,400 Chinook quota, Saturday to
Wednesday;
Aug. 1 through earlier of Aug. 15 or
a 1,000 Chinook quota, seven days per
week (C.9).
All salmon except coho (C.7). Chinook
27 inch total length minimum size limit
(B). Landing and possession limit of 15
Chinook per vessel. Any remaining
portion of the July Chinook quota may
be transferred inseason on an impact
neutral basis to the August quota (C.8)
All vessels fishing in this area must land
and deliver all fish within this area,
within 24 hours of any closure in this
fishery, and prior to fishing outside of
this area (C.1, C.6). See compliance
requirements (C.1) and gear restrictions
and definitions (C.2, C.3). Klamath
Control Zone closed (C.5.e). See
California State regulations for
additional closures adjacent to the
Smith and Klamath rivers. When the
fishery is closed between the OR/CA
border and Humbug Mt. and open to the
south, vessels with fish on board caught
in the open area off California may seek
temporary mooring in Brookings,
Oregon prior to landing in California
only if such vessels first notify the
Chetco River Coast Guard Station via
VHF channel 22A between the hours of
0500 and 2200 and provide the vessel
name, number of fish on board, and
estimated time of arrival.
California State regulations require all
salmon be made available to a CDFG
representative for sampling immediately
at port of landing. Any person in
possession of a salmon with a missing
adipose fin, upon request by an
authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
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—Humboldt South Jetty to Horse
Mountain
Closed.
—Horse Mountain to Point Arena (Fort
Bragg)
July 23–27; July 29 through Aug. 29;
Sept. 1–30 (C.9).
Seven days per week. All salmon except
coho (C.7). Chinook 27 inch total length
minimum size limit (B). All fish caught
in the area when the KMZ quota
fisheries are open must be landed south
of Horse Mountain; all fish must be
landed in California and offloaded
within 24 hours of the August 29
closure (C.1, C.6). See gear restrictions
and definitions (C.2, C.3).
California State regulations require all
salmon be made available to a CDFG
representative for sampling immediately
at port of landing. Any person in
possession of a salmon with a missing
adipose fin, upon request by an
authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
—Point Arena to Pigeon Point (San
Francisco)
May 1–31 seven days per week;
June 25 through July 5 seven days per
week;
July 9–27 Saturday through
Wednesday;
July 29 through Aug. 29 seven days
per week;
September 1–30 seven days per week
(C.9).
All salmon except coho (C.7). Chinook
minimum size limit of 27 inches total
length (B). All fish must be landed in
California and offloaded within 24
hours of the August 29 closure. All fish
caught in the area when the KMZ quota
fisheries are open must be landed south
of Horse Mt. (C.1, C.6). See gear
restrictions and definitions (C.2, C.3).
• Pt. Reyes to Pt. San Pedro (Fall Area
Target Zone)
October 3–14. Monday through
Friday. All salmon except coho (C.1).
Chinook minimum size limit 27 inches
total length (B). All vessels fishing in
this area must land and deliver all fish
between Point Arena and Pigeon Point
(C.1, C.6). See gear restrictions and
definitions (C.2, C.3).
California State regulations require all
salmon be made available to a CDFG
representative for sampling immediately
at port of landing. Any person in
possession of a salmon with a missing
adipose fin, upon request by an
authorized agent or employee of the
CDFG, shall immediately relinquish the
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head of the salmon to the state
(California Fish and Game Code § 8226).
—Pigeon Point to Point Sur (Monterey)
May 1–31 seven days per week;
June 25 through July 5 seven days per
week;
July 9–27 Saturday through
Wednesday;
July 29 through Aug. 29 seven days
per week;
September 1–30 seven days per week
(C.9).
All salmon except coho (C.7). Chinook
minimum size limit of 27 inches total
length (B). All fish must be landed in
California and offloaded within 24
hours of the August 29 closure. All fish
caught in the area when the KMZ quota
fisheries are open must be landed south
of Horse Mt. (C.1, C.6). See gear
restrictions and definitions (C.2, C.3).
California State regulations require all
salmon be made available to a CDFG
representative for sampling immediately
at port of landing. Any person in
possession of a salmon with a missing
adipose fin, upon request by an
authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
—Point Sur to U.S./Mexico Border
(Monterey South)
May 1 through July 5 seven days per
week;
July 9–27 Saturday through
Wednesday;
July 29 through Aug. 29 seven days
per week (C.9).
All salmon except coho (C.7). Chinook
minimum size limit of 27 inches total
25251
length (B). All fish must be landed in
California and offloaded within 24
hours of the August 29 closure; all fish
caught in the area June 1–24 must be
landed south of Point San Pedro; all fish
caught in the area when the KMZ quota
fisheries are open must be landed south
of Horse Mountain. (C.1, C.6). See gear
restrictions and definitions (C.2, C.3).
California State regulations require
that all salmon be made available to a
CDFG representative for sampling
immediately at port of landing. Any
person in possession of a salmon with
a missing adipose fin, upon request by
an authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
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 U.S.–Mexico Border ..........................................
28.0
28.0
27.0
Head-off
21.5
21.5
20.5
Total length
Head-off
16.0
........................
........................
12.0
........................
........................
None.
None.
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
mstockstill on DSKH9S0YB1PROD with RULES
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 the salmon
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 the salmon 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.
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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°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
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Fmt 4700
Sfmt 4700
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. 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.).
d. 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.
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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.
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).
mstockstill on DSKH9S0YB1PROD with RULES
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, the estimated
time of arrival, and the specific reason
the vessel is not able to meet special
management area landing restrictions.
In addition to contacting the U.S.
Coast Guard, vessels fishing south of the
Oregon/California border must notify
CDFG within one hour of leaving the
management area by calling 800–889–
8346 and providing the same
information as reported to the U.S.
Coast Guard. All salmon must be
offloaded within 24 hours of reaching
port.
C.7. Incidental Halibut Harvest
During authorized periods, the
operator of a vessel that has been issued
an incidental halibut harvest license
may retain Pacific halibut caught
incidentally in Area 2A while trolling
for salmon. Halibut retained must be no
less than 32 inches (81.28 cm) in total
length, measured from the tip of the
lower jaw with the mouth closed to the
extreme end of the middle of the tail,
and must be landed with the head on.
License applications for incidental
harvest must be obtained from the
International Pacific Halibut
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16:43 May 03, 2011
Jkt 223001
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 28,126 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).
A ‘‘C-shaped’’ yelloweye rockfish
conservation area (YRCA) is an area to
be voluntarily avoided for salmon
trolling. NMFS and the Council request
salmon trollers voluntarily avoid this
area in order to protect yelloweye
rockfish. The area is defined in the west
coast groundfish regulations at 50 CFR
660.70(c) and in West Coast salmon
regulations at 50 CFR 660.405, with the
following coordinates in the order
listed:
48°18′ N. lat.; 125°18′ W. long.;
48°18′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 125°18′ W. long.;
and connecting back to 48°18′ N. lat.;
125°18′ W. long.
C.8. Inseason Management
In addition to standard inseason
actions or modifications already noted
under the season description, the
following inseason guidance applies:
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. Chinook remaining from the June
and/or July non-Indian commercial troll
quotas in the Oregon KMZ may be
transferred to the Chinook quota for the
next open period on a fishery impact
equivalent basis.
c. Chinook remaining from the July
non-Indian commercial troll quota in
the California KMZ area may be
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Fmt 4700
Sfmt 4700
transferred to the August quota on a
fishery impact equivalent basis.
d. NMFS may transfer fish between
the recreational and commercial
fisheries north of Cape Falcon on a
fishery impact neutral, fishery
equivalent basis if there is agreement
among the areas’ representatives on the
Salmon Advisory Subpanel (SAS).
e. At the March 2012 meeting, the
Council will consider inseason
recommendations for special regulations
for any experimental fisheries
(proposals must meet Council protocol
and be received in November 2011).
f. 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.
g. Landing limits may be modified
inseason to sustain season length and
keep harvest within overall quotas.
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 is the area
from Humbug Mountain, Oregon, to
Horse Mountain, California.
Section 2. Recreational Management
Measures for 2011 Ocean Salmon
Fisheries
Parts A, B, and C of this section
contain restrictions that must be
followed for lawful participation in the
fishery. Part A identifies each fishing
area and provides the 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 18 through earlier of June 25 or
a coastwide marked Chinook quota of
4,800 (C.5).
Seven days per week. Two fish per day,
all salmon except coho, all Chinook
must be marked with a healed adipose
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fin clip (C.1). 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)
June 26 through earlier of September
18 or 6,990 marked coho subarea quota
with a subarea guideline of 3,200
Chinook. (C.5).
Seven days per week. All salmon except
no chum beginning August 1; two fish
per day, no more than one of which can
be a Chinook, plus one additional pink
salmon. All coho must be marked (C.1).
See gear restrictions (C.2). Beginning
August 1, Chinook non-retention east of
the Bonilla-Tatoosh line (C.4.a) during
Council managed ocean fishery.
Inseason management may be used to
sustain season length and keep harvest
within the overall Chinook and coho
recreational TACs for north of Cape
Falcon (C.5).
—Cape Alava to Queets River (La Push
Subarea)
June 26 through earlier of September
18 or 1,700 marked coho subarea quota
with a subarea guideline of 1,350
Chinook. (C.5).
September 24 through earlier of
October 9 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.
Seven days per week. All salmon; two
fish per day, no more than one of which
can be a Chinook, plus one additional
pink salmon. All coho must be marked
(C.1). See gear restrictions (C.2).
Inseason management may be used to
sustain season length and keep harvest
within the overall Chinook and coho
recreational TACs for north of Cape
Falcon (C.5).
mstockstill on DSKH9S0YB1PROD with RULES
—Queets River to Leadbetter Point
(Westport Subarea)
June 26 through earlier of September
18 or 24,860 marked coho subarea quota
with a subarea guideline of 16,900
Chinook (C.5).
Sunday through Thursday. All salmon;
two fish per day, no more than one of
which can be a Chinook. All coho must
be marked (C.1). See gear restrictions
and definitions (C.2, C.3). Grays Harbor
Control Zone closed beginning August 1
(C.4). Inseason management may be
used to sustain season length and keep
harvest within the overall Chinook and
coho recreational TACs for north of
Cape Falcon (C.5).
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16:43 May 03, 2011
Jkt 223001
—Leadbetter Point to Cape Falcon
(Columbia River Subarea)
June 26 through earlier of September
30 or 33,600 marked coho subarea quota
with a subarea guideline of 7,400
Chinook (C.5).
Seven days per week. All salmon; two
fish per day, no more than one of which
can be a Chinook. All 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 and coho
recreational TACs for north of Cape
Falcon (C.5).
South of Cape Falcon, OR
—Cape Falcon to Humbug Mountain
Except as provided below during the
all-salmon mark-selective and nonmark-selective coho fisheries, the season
will be March 15 through September 30
(C.6).
All salmon except coho; two fish per
day (C.1). See gear restrictions and
definitions (C.2, C.3).
Cape Falcon to Humbug Mountain allsalmon mark-selective coho fishery: July
2 through earlier of August 13 or a
landed catch of 15,000 marked coho.
Seven days per week. All salmon, two
fish per day. All retained coho must be
marked (C.1). Any remainder of the
mark selective coho quota will be
transferred on an impact neutral basis to
the September non-selective coho quota
listed below. The ‘‘all salmon except
coho’’ season reopens the earlier of
August 14 or attainment of the coho
quota, through August 31.
Cape Falcon to Humbug Mountain
non-mark-selective coho fishery:
September 1 through the earlier of
September 10 or a landed catch of 3,000
non-mark-selective coho quota (C.5).
Thursday through Saturday all salmon,
two fish per day;
Sunday through Wednesday, all salmon
except coho, two fish per day.
The ‘‘all salmon except coho’’ season
reopens the earlier of September 11 or
attainment of the coho quota (C.5). Open
days may be adjusted inseason to utilize
the available coho quota (C.5).
Fishing in the Stonewall Bank
yelloweye rockfish conservation area
restricted to trolling only on days the all
depth recreational halibut fishery is
open (call the halibut fishing hotline 1–
800–662–9825 for specific dates) (C.3.b,
C.4.d).
In 2012, the season between Cape
Falcon and Humbug Mountain will
open March 15 for all salmon except
coho, two fish per day (B, C.1, C.2, C.3).
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25253
—Humbug Mountain to Oregon/
California Border (Oregon KMZ)
May 14 through September 5 (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).
—Oregon/California Border to Horse
Mountain. (California KMZ)
May 14 through September 5 (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.
California State regulations require
that all salmon be made available to a
CDFG representative for sampling
immediately at port of landing. Any
person in possession of a salmon with
a missing adipose fin, upon request by
an authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
—Horse Mountain to Point Arena (Fort
Bragg)
April 2 through October 30.
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).
In 2012, season opens April 7 for all
salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 24
inches total length (B); and the same
gear restrictions as in 2011 (C.2, C.3).
California State regulations require
that all salmon be made available to a
CDFG representative for sampling
immediately at port of landing. Any
person in possession of a salmon with
a missing adipose fin, upon request by
an authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
—Point Arena to Pigeon Point (San
Francisco)
April 2 through October 30.
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).
In 2012, season opens April 7 for all
salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 24
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inches total length (B); and the same
gear restrictions as in 2011 (C.2, C.3).
California State regulations require
that all salmon be made available to a
CDFG representative for sampling
immediately at port of landing. Any
person in possession of a salmon with
a missing adipose fin, upon request by
an authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
—Pigeon Point to U.S./Mexico Border
(Monterey South)
April 2 through September 18.
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).
In 2012, season opens April 7 for all
salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 24
inches total length (B); and the same
gear restrictions as in 2011 (C.2, C.3).
Area (when open)
California State regulations require
that all salmon be made available to a
CDFG representative for sampling
immediately at port of landing. Any
person in possession of a salmon with
a missing adipose fin, upon request by
an authorized agent or employee of the
CDFG, shall immediately relinquish the
head of the salmon to the state
(California Fish and Game Code § 8226).
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 U.S./Mexico Border ..............................................................................
Coho
24.0
24.0
24.0
16.0
16.0
............................
Pink
None.
None.
24.0.
Metric equivalents: 24.0 in = 61.0 cm and 16.0 in = 40.6 cm.
C. Special Requirements, Definitions,
Restrictions, or Exceptions
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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
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angling with two hooks, the distance
between the hooks must not exceed five
inches when measured from the top of
the eye of the top hook to the inner base
of the curve of the lower hook, and both
hooks must be permanently tied in
place (hard tied). Circle hooks are not
required when artificial lures are used
without bait.
C.3. Gear Definitions
a. Recreational fishing gear defined:
Angling tackle consisting of a line with
no more than one artificial lure or
natural bait attached. Off Oregon and
Washington, the line must be attached
to a rod and reel held by hand or closely
attended; the rod and reel must be held
by hand while playing a hooked fish. No
person may use more than one rod and
line while fishing off Oregon or
Washington. Off California, the line
must be attached to a rod and reel held
by hand or closely attended. Weights
directly attached to a line may not
exceed four pounds (1.8 kg). While
fishing off California north of Point
Conception, no person fishing for
salmon, and no person fishing from a
boat with salmon on board, may use
more than one rod and line. Fishing
includes any activity which can
reasonably be expected to result in the
catching, taking, or harvesting of fish.
b. Trolling defined: Angling from a
boat or floating device that is making
way by means of a source of power,
other than drifting by means of the
prevailing water current or weather
conditions.
c. Circle hook defined: A hook with a
generally circular shape and a point
which turns inward, pointing directly to
the shank at a 90° angle.
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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 Yelloweye
Rockfish Conservation Area: The area
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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.
e. Marked coho remaining from the
June/July through August Cape Falcon
to Oregon/California border recreational
coho quota may be transferred inseason
to the September Cape Falcon to
Humbug Mountain non-mark-selective
recreational fishery on a fishery impact
equivalent basis.
C.6. Additional Seasons in State
Territorial Waters
Consistent with Council management
objectives, the states of Washington,
25255
Oregon, and California may establish
limited seasons in state waters. Check
state regulations for details.
Section 3. Treaty Indian Management
Measures for 2011 Ocean Salmon
Fisheries
Parts A, B, and C of this section
contain requirements that must be
followed for lawful participation in the
fishery.
A. Season Descriptions
U.S./Canada Border to Cape Falcon
May 1 through the earlier of June 30
or 19,750 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 21,250 preseason
Chinook quota, or 42,000 coho quota.
All salmon. See size limit (B) and other
restrictions (C).
B. Minimum Size (Inches)
Chinook
Coho
Area (when open)
Pink
Total
North of Cape Falcon .............................................................
Head-off
24.0
Total
18.0
Head-off
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.
mstockstill on DSKH9S0YB1PROD with RULES
C. Special Requirements, Restrictions,
and Exceptions
lat. (Point Chehalis) and east of
125°44′00″ W. long.
C.1. Tribe and Area Boundaries
All boundaries may be changed to
include such other areas as may
hereafter be authorized by a Federal
court for that Tribe’s treaty fishery.
S’KLALLAM—Washington State
Statistical Area 4B (All).
MAKAH—Washington State
Statistical Area 4B and that portion of
the FMA north of 48°02′15″ N. lat.
(Norwegian Memorial) and east of
125°44′00″ W. long.
QUILEUTE—That portion of the FMA
between 48°07′36″ N. lat. (Sand Pt.) and
47°31′42″ N. lat. (Queets River) and east
of 125°44′00″ W. long.
HOH—That portion of the FMA
between 47°54′18″ N. lat. (Quillayute
River) and 47°21′00″ N. lat. (Quinault
River) and east of 125°44′00″ W. long.
QUINAULT—That portion of the
FMA between 47°40′06″ N. lat.
(Destruction Island) and 46°53′18″ N.
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. Fish taken during
this fishery are to be counted against
treaty troll quotas established for the
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Fmt 4700
Sfmt 4700
2011 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.
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 16, 2011,
NMFS published a final rule (76 FR
14300) to implement the IPHC’s
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Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Rules and Regulations
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 2011. 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 28,126 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
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
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Jkt 223001
Recreational YRCA, also known as the
Salmon Troll YRCA) in order to protect
yelloweye rockfish. Coordinates for the
Salmon Troll YRCA are specified in
groundfish regulations at 50
CFR660.70(c), and in salmon regulations
at 50 CFR 660.405. See Section 1.C.7. in
this document 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″
42°40′30″
42°00′00″
N.
N.
N.
N.
N.
N.
N.
N.
lat.
lat.
lat.
lat.
lat.
lat.
lat.
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.
Classification
This final rule is necessary for
conservation and management and is
consistent with the Magnuson-Stevens
Act. These regulations are being
promulgated under the authority of 16
U.S.C. 1855 (d) and 16 U.S.C. 773(c).
This notification of annual
management measures is exempt from
review under Executive Order 12866.
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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 19, 2011. 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.
The public planning process requires
coordination of management actions of
four states, numerous Indian Tribes, and
the Federal Government, all of which
have management authority over the
stocks. This complex process includes
the affected user groups, as well as the
general public. The process is
compressed into a 2-month period
which culminates at the April Council
meeting at which the Council adopts a
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
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Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Rules and Regulations
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
the information regarding current stock
status. For the 2011 fishing regulations,
the current stock status was not
available to the Council until February.
Because the May and June salmon
fisheries are relatively substantial
fisheries, managing them with measures
developed using the prior year’s data
could have significant adverse effects on
the managed stocks, including ESAlisted stocks. Although salmon fisheries
that open prior to May are managed
under the prior year’s measures, as
modified by the Council at its March
meeting, relatively little harvest occurs
during that period (e.g., on average, less
than 5 percent of commercial and
recreational harvest occurred prior to
May 1 during the years 2001 through
2010). Allowing the much more
substantial harvest levels normally
associated with the May and June
salmon seasons to be promulgated
under the prior year’s regulations would
impair NMFS’ ability to protect weak
and ESA listed salmon stocks that are
impacted by the fishery, and to 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 need to manage
the fishery using the best available
scientific information.
If these measures are not in place on
May 1, the previous year’s management
measures will continue to apply in most
areas. For fisheries south of Cape
Falcon, Oregon, this would result in lost
fishing opportunities, primarily for
commercial fisheries which were more
restrictive in 2010 than proposed for
2011. In 2010, commercial fisheries did
not open south of Cape Falcon until
July, whereas in 2011 these fisheries
were opened in April under inseason
action, and would remain open
beginning May 1 under 2011
management measures. North of Cape
Falcon, if 2011 measures are not in
place on May 1, there would be
excessive harvest of Chinook salmon, as
the Chinook salmon quota for
commercial fisheries in May and June is
half of the 2010 quota for this fishery to
protect ESA listed salmon in the
Columbia River.
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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 Assistant Administrator for
Fisheries (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.
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
PO 00000
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25257
public reporting burden for providing
notifications if landing area restrictions
cannot be met is estimated to average
15 minutes per response. This estimate
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
OIRA.Submission@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 letter to the Council dated
March 3, 2011. 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 2011 are
consistent with the biological opinions
that found no jeopardy, and with the
reasonable and prudent alternatives in
the jeopardy biological opinions. NMFS
consulted in 2010 on the effects of the
2011 annual regulations on LCR
Chinook salmon. NMFS concluded that
the proposed 2011 fisheries are not
likely to jeopardize the continued
existence of LCR Chinook salmon.
NMFS also consulted in 2010 on the
effects of the 2011 annual regulations on
Sacramento River winter Chinook
salmon. NMFS provided a reasonable
and prudent alternative in its jeopardy
biological opinion, and the 2011 annual
regulations are consistent with that
RPA. 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 some cases, the
recommended measures result in
impacts that are more restrictive than
NMFS’ ESA requirements.
In 2009, NMFS consulted on the
effects of fishing under the Salmon FMP
on the endangered Southern Resident
Killer Whale Distinct Population
Segment (SRKW) and concluded the
salmon fisheries were not likely to
E:\FR\FM\04MYR1.SGM
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Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Rules and Regulations
mstockstill on DSKH9S0YB1PROD with RULES
jeopardize SRKW. The 2011 salmon
management measures are consistent
with the terms of that biological
opinion.
This final rule was developed after
meaningful consultation and
VerDate Mar<15>2010
16:43 May 03, 2011
Jkt 223001
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 28, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–10796 Filed 4–29–11; 11:15 am]
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Agencies
[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Rules and Regulations]
[Pages 25246-25258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10796]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 110223162-1268-01]
RIN 0648-XA184
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2011 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; request for comments; notice of availability of an
environmental assessment.
-----------------------------------------------------------------------
SUMMARY: NMFS establishes fishery management measures for the 2011
ocean salmon fisheries off Washington, Oregon, and California and the
2012 salmon seasons opening earlier than May 1, 2012. 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). This document also announces the
availability of an environmental assessment (EA) that analyzes the
environmental impacts of implementing the 2011 ocean salmon management
measures.
DATES: This final rule is effective from 0001 hours Pacific Daylight
Time, May 1, 2011, until the effective date of the 2012 management
measures, as published in the Federal Register.
Comments must be received by May 19, 2011.
ADDRESSES: You may submit comments, identified by 0648-XA184, 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 Stanford.
Mail: William W. Stelle, Jr., 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.
[[Page 25247]]
Copies of the documents cited in this document are available from
Dr. Donald O. McIsaac, Executive Director, Pacific Fishery Management
Council, 7700 NE Ambassador Place, Suite 200, Portland, OR 97220-1384,
and are posted on its Web site (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 Office of Management and
Budget (OMB), by e-mail at OIRA.Submission@omb.eop.gov or by fax at
(202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Peggy Busby at 206-526-4323, or
Jennifer Stanford at 562-436-2462.
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.
The management measures for the 2011 and pre-May 2012 ocean salmon
fisheries that are implemented in this final rule were recommended by
the Pacific Fishery Management Council (Council) at its April 9 to 15,
2011, meeting.
Schedule Used To Establish 2011 Management Measures
The Council announced its annual preseason management process for
the 2011 ocean salmon fisheries in the Federal Register on December 21,
2010 (75 FR 80041), 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 posted 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 four 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, ``Review of 2010 Ocean Salmon Fisheries,'' was prepared in
February when the scientific information necessary for crafting
management measures for the 2011 and pre-May 2012 ocean salmon fishery
first became available. The first report summarizes biological and
socio-economic data for the 2010 ocean salmon fisheries and assesses
how well the Council's 2010 management objectives were met. The second
report, ``Preseason Report I Stock Abundance Analysis and Environmental
Assessment Part 1 for 2011 Ocean Salmon Fishery Regulations'' (PRE I),
provides the 2011 salmon stock abundance projections and analyzes the
impacts on the stocks and Council management goals if the 2010
regulations and regulatory procedures were applied to the projected
2011 stock abundances. The completion of PRE I is the initial step in
evaluating the full suite of preseason alternatives.
Following completion of the first two reports, the Council met in
Vancouver, WA from March 5 to 11, 2011, to develop 2011 management
alternatives for proposal to the public. The Council proposed three
alternatives for commercial and recreational fisheries management for
analysis and public comment. These alternatives 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 Proposed
Alternatives and Environmental Assessment Part 2 for 2011 Ocean Salmon
Fishery Regulations'' (PRE II), which analyzes the effects of the
proposed 2011 management options.
Public hearings, sponsored by the Council, to receive testimony on
the proposed alternatives were held on March 28, 2011, in Westport, WA
and Coos Bay, OR; and March 29, 2011, in Eureka, CA. The States of
Washington, Oregon, and California sponsored meetings in various forums
that also collected public testimony, which was then presented to the
Council by each state's Council representative. The Council also
received public testimony at both the March and April meetings and
received written comments at the Council office.
The Council met from April 9 to 15, 2011, in San Mateo, CA to adopt
its final 2011 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 2011 Ocean Salmon Fisheries'' (PRE III), 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).
National Environmental Policy Act
The Council's documents described above (PRE I, PRE II, and PRE
III) collectively comprise the Environmental Assessment (EA) for this
action, providing analysis of environmental and socioeconomic effects
under the National Environmental Policy Act (NEPA). The EA and its
related Finding of No Significant Impact (FONSI) are posted on the NMFS
Northwest Region Web site (https://www.nwr.noaa.gov).
Resource Status
Fisheries south of Cape Falcon, OR are limited primarily by the
status of Sacramento River winter Chinook salmon and California Coastal
Chinook salmon, which are both evolutionarily significant units (ESU)
listed under the Endangered Species Act (ESA), and Klamath River fall
Chinook salmon. Fisheries north of Cape Falcon are limited by Lower
Columbia River Chinook salmon and Lower Columbia River coho salmon,
stocks which are also listed under the ESA, and by Thompson River coho
from Canada. At the start of the preseason planning process for the
2011 management season, NMFS provided a letter to the Council, dated
March 3, 2011, summarizing its ESA consultation standards for listed
species as required by the Salmon FMP. The Council's recommended
management measures comply with NMFS ESA consultation standards and
guidance for those listed salmon species that may be affected by
Council fisheries. In most cases, the recommended measures are more
restrictive than NMFS's ESA requirements.
The Sacramento River fall Chinook salmon stock (SRFC) 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. In 2010, an
[[Page 25248]]
improved stock forecast of 245,000 supported limited fisheries south of
Cape Falcon. 2010 spawning escapement for SRFC was 125,353, which,
while lower than projected, met the stock's conservation objective of
122,000-180,000 adult natural and hatchery spawners. Preseason
forecasts for 2011 project a SRFC stock abundance of 729,900 adults.
In 2010, NMFS consulted under ESA section 7 and provided guidance
to the Council regarding the effects of Council area fisheries on the
Sacramento River winter Chinook salmon ESU. NMFS completed a Biological
Opinion that 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.
The Council incorporated the RPA into their recommended 2011 management
measures.
NMFS last consulted under ESA section 7 regarding the effects of
Council area fisheries on California Coastal Chinook salmon in 2005.
Klamath River fall Chinook are used as a surrogate to set limits on
ocean harvest impacts. The Biological Opinion requires that management
measures result in an age-4 ocean harvest rate of no greater than 16%.
This objective is met by the Council's recommended 2011 management
measures.
Klamath River Fall Chinook (KRFC) were determined to be overfished
based on escapement levels below the conservation objective of an
average escapement of 33-34% of potential spawners and no fewer than
35,000 naturally spawning adults in 2004, 2005 and 2006. The Council
developed and has implemented a rebuilding plan for the past several
years, requiring that the fishery be managed for an escapement of the
SMSY level of 40,700 (SMSY is the spawning
escapement level that is expected to produce the maximum sustainable
yield, MSY). Prior to the start of the 2011 preseason planning process,
NMFS assessed the status of KRFC and determined that they are rebuilt
based on observed escapements from 2007-2010 relative to the
SMSY level. Therefore, KRFC are managed in 2011 subject to
the conservation objective in the FMP.
In 2010, NMFS consulted under ESA section 7 and provided guidance
to the Council regarding the effects of Council area fisheries on the
Lower Columbia River (LCR) Chinook salmon ESU. NMFS completed a
Biological Opinion that applies to fisheries in 2010 and 2011
concluding that the proposed 2011 fisheries, if managed consistent with
the terms of the Biological Opinion, are not likely to jeopardize the
continued existence of LCR Chinook. The LCR Chinook salmon ESU is
comprised of a spring component, a ``far-north'' migrating bright
component, and a component of north migrating tules. The bright and
tule components both have fall run timing. There are 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, 38 percent in 2009
and 2010, and then to 37 percent in 2011.
In 2008, NMFS conducted an ESA section 7 consultation and issued a
biological opinion regarding the effects of Council fisheries and
fisheries in the Columbia River on Lower Columbia River (LCR) coho. The
states of Oregon and Washington use a harvest matrix for LCR coho,
developed by Oregon, following their listing under Oregon's State ESA.
Under the matrix the allowable harvest in a given year depends on
indicators of marine survival and brood year escapement. The matrix has
both ocean and in-river components which can be combined to define a
total exploitation rate limit for all ocean and in-river fisheries.
Generally speaking, NMFS supports use of management planning tools that
allow harvest to vary depending on the year-specific circumstances.
Conceptually, we think Oregon's approach is a good one. However, NMFS
has taken a more conservative approach for LCR coho in recent years
because of unresolved issues related to application of the matrix. NMFS
will continue to apply the matrix as we have in the past, by limiting
the total harvest to that allowed in the portion of the matrix that
applies to ocean fisheries. As a consequence, ocean salmon fisheries
under the Council's jurisdiction in 2011, 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. The
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 as modified by the expert
advice provided by the 2000 ad hoc Work Group appointed by the Council.
NMFS approved the management provisions for OC coho 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
2011 season, the applicable spawner status is in the ``high'' category,
but marine survival index is in the ``low'' category. Under this
circumstance, the Work Group report requires that the exploitation rate
be limited to no more than 15 percent. The recommended management
measures that would affect OC coho are consistent with this
requirement.
Interior Fraser (Thompson River) coho, a Canadian stock, continues
to be depressed, remaining in the ``low'' status category under the
Pacific Salmon Treaty and, along with LCR coho, is the coho stock most
limiting the 2011 ocean fisheries north of Cape Falcon. The recommended
management measures for 2011 satisfy the maximum 10.0 percent total
U.S. exploitation rate called for by the Pacific Salmon Treaty
agreements and the Salmon FMP.
Management Measures for 2011 Fisheries
The Council-recommended ocean harvest levels and management
measures for the 2011 fisheries are designed to apportion the burden of
protecting the weak stocks identified and discussed in PRE I equitably
among ocean fisheries and to allow maximum harvest of natural and
hatchery runs surplus to inside fishery and spawning needs. NMFS finds
the Council's recommendations responsive to the goals of the Salmon
FMP, the requirements of the resource, and the socioeconomic factors
affecting resource users. The recommendations are consistent with the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act and U.S. obligations to Indian Tribes with Federally
recognized fishing rights, and U.S. international obligations regarding
Pacific salmon. Accordingly, NMFS has adopted them.
North of Cape Falcon, the 2011 management measures for non-Indian
commercial troll and recreational
[[Page 25249]]
fisheries have a significantly lower Chinook salmon quota and a similar
coho quota relative to the 2010 season. While Chinook abundance in this
area is generally improved in 2011 relative to 2010, restrictions are
necessary to meet the exploitation rate limit under ESA consultation
for Lower Columbia River (LCR) tule Chinook, which is 37 percent in
2011 compared to 38 percent in 2010. In addition, higher fishing levels
are expected in Alaskan and Canadian fisheries, resulting in higher
impacts on LCR tule Chinook. The North of Falcon fisheries are also
managed to protect 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 salmon
harvests from Cape Falcon, OR, to the U.S.-Canada border. Nevertheless,
ocean fisheries in combination with fisheries inside Puget Sound are
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 in the salmon fisheries
during August and September to protect ESA listed Hood Canal summer
chum. The Council has recommended such a prohibition since 2002 (67 FR
30616, May 7, 2002).
South of Cape Falcon, the commercial salmon fishery will have area
specific openings throughout the season for all salmon except coho. As
in 2010, there will not be a commercial salmon fishery for coho south
of Cape Falcon in 2011. Recreational fisheries south of Cape Falcon
will be primarily directed at Chinook salmon, with opportunity for coho
limited to the area between Cape Falcon and Humbug Mountain, OR.
Recreational fisheries south of Cape Falcon will have area specific
openings throughout the season. As noted above, the projected abundance
of Sacramento River Fall Chinook is significantly higher in 2011 than
in 2010. In consideration of the scientific uncertainty in forecasting
SRFC stock abundance, the Council designed management measures for
fisheries south of Cape Falcon with the goal of achieving the upper end
of the conservation objective escapement of 180,000. In fact, under the
management measures in this final rule, and including anticipated in-
river fishery impacts, spawning escapement for SRFC is projected at
377,000.
The treaty-Indian commercial troll fishery quota for 2011 is 41,000
Chinook salmon in ocean management areas and Washington State
Statistical Area 4B combined. This quota is lower than the 55,000
Chinook salmon quota in 2010, for the same reasons discussed above for
the non-Tribal fishery. The treaty-Indian commercial troll fisheries
include a Chinook-directed fishery in May and June with a quota of
19,750 Chinook salmon, and an all-salmon season beginning July 1 with a
21,250 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 42,000 coho,
similar to the 41,500 coho quota in 2010.
Management Measures for 2012 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, this action also establishes
the 2012 fishing seasons that open earlier than May 1. 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, the recreational season off Oregon from Cape
Falcon to Humbug Mountain, and the recreational season off California
from Horse Mountain to the U.S./Mexico border will open in 2012 as
indicated in the Season Description section of this document. At the
March 2012 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 2011 management measures. Inseason closures in the commercial and
recreational fisheries are announced on the NMFS hotline and through
the U.S. Coast Guard Notice to Mariners as described in Section 6.
Other inseason adjustments to management measures are also announced on
the hotline and through the Notice to Mariners. Inseason actions will
also be published in the Federal Register as soon as practicable.
The following are the management measures recommended by the
Council and approved and implemented here for 2011 and, as specified,
for 2012.
Section 1. Commercial Management Measures for 2011 Ocean Salmon
Fisheries
Parts A, B, and C of this section contain restrictions that must be
followed for lawful participation in the fishery. Part A identifies
each fishing area and provides the 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 earlier of June 30 or 20,600 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).
An inseason conference call will occur when it is projected that 13,700
Chinook have been landed to consider modifying the open period to five
days per week and adding landing and possession limits to ensure the
guideline is not exceeded.
July 1 through earlier of September 15 or 10,300 preseason Chinook
guideline (C.8) or a 12,800 marked coho quota (C.8.d). Friday through
Tuesday; landing and possession limit of 50 Chinook and 50 coho per
vessel per open period north of Leadbetter Point or 50 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 (C.8.d). See gear restrictions and
definitions (C.2, C.3). Cape Flattery, Mandatory Yelloweye Rockfish
Conservation Area, and Columbia Control Zones closed; Grays Harbor
Control Zone closed in August and September (C.5).
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
[[Page 25250]]
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 either calling 541-867-0300 Ext. 271 or sending notification
via e-mail to nfalcon.trollreport@state.or.us. 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
April 15 through July 9, July 17 through August 31, October 1-31.
(C.9). Seven days per week. All salmon except coho; landing and
possession limit of 50 Chinook per vessel per calendar week in October
(C.7). All vessels fishing in the area must land their fish in the
State of Oregon. See gear restrictions and definitions (C.2, C.3) and
Oregon State regulations for a description of special regulations at
the mouth of Tillamook Bay.
In 2012, the season will open March 15 for all salmon except coho.
This opening may be modified following Council review at its March 2012
meeting.
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
May 1-31;
June 1 through earlier of June 30, or a 1,500 Chinook quota;
July 1 through earlier of July 31, or a 1,200 Chinook quota;
Aug. 1 through earlier of Aug. 31, or a 1,000 Chinook quota (C.9).
Seven days per week. All salmon except coho (C.7). Chinook 28 inch
total length minimum size limit (B). June 1 through August 31, landing
and possession limit of 30 Chinook per vessel per day. Any remaining
portion of the June and/or July Chinook quotas may be transferred
inseason on an impact neutral basis to the next open quota period
(C.8). 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 (C.1, C.6). Oregon
State regulations require all fishers landing salmon from any quota
managed season within this area to notify Oregon Dept. of Fish and
Wildlife (ODFW) within 1 hour of delivery or prior to transport away
from the port of landing by either calling (541) 867-0300 ext. 252 or
sending notification via e-mail to KMZOR.trollreport@state.or.us.
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).
In 2012, the season will open March 15 for all salmon except coho,
with a 28 inch Chinook minimum size limit. This opening may be modified
following Council review at its March 2012 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
July 2 through the earlier of July 20 or a 1,400 Chinook quota,
Saturday to Wednesday;
Aug. 1 through earlier of Aug. 15 or a 1,000 Chinook quota, seven
days per week (C.9).
All salmon except coho (C.7). Chinook 27 inch total length minimum size
limit (B). Landing and possession limit of 15 Chinook per vessel. Any
remaining portion of the July Chinook quota may be transferred inseason
on an impact neutral basis to the August quota (C.8) All vessels
fishing in this area must land and deliver all fish within this area,
within 24 hours of any closure in this fishery, and prior to fishing
outside of this area (C.1, C.6). See compliance requirements (C.1) and
gear restrictions and definitions (C.2, C.3). Klamath Control Zone
closed (C.5.e). See California State regulations for additional
closures adjacent to the Smith and Klamath rivers. When the fishery is
closed between the OR/CA border and Humbug Mt. and open to the south,
vessels with fish on board caught in the open area off California may
seek temporary mooring in Brookings, Oregon prior to landing in
California only if such vessels first notify the Chetco River Coast
Guard Station via VHF channel 22A between the hours of 0500 and 2200
and provide the vessel name, number of fish on board, and estimated
time of arrival.
California State regulations require all salmon be made available
to a CDFG representative for sampling immediately at port of landing.
Any person in possession of a salmon with a missing adipose fin, upon
request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
--Humboldt South Jetty to Horse Mountain
Closed.
--Horse Mountain to Point Arena (Fort Bragg)
July 23-27; July 29 through Aug. 29; Sept. 1-30 (C.9).
Seven days per week. All salmon except coho (C.7). Chinook 27 inch
total length minimum size limit (B). All fish caught in the area when
the KMZ quota fisheries are open must be landed south of Horse
Mountain; all fish must be landed in California and offloaded within 24
hours of the August 29 closure (C.1, C.6). See gear restrictions and
definitions (C.2, C.3).
California State regulations require all salmon be made available
to a CDFG representative for sampling immediately at port of landing.
Any person in possession of a salmon with a missing adipose fin, upon
request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
--Point Arena to Pigeon Point (San Francisco)
May 1-31 seven days per week;
June 25 through July 5 seven days per week;
July 9-27 Saturday through Wednesday;
July 29 through Aug. 29 seven days per week;
September 1-30 seven days per week (C.9).
All salmon except coho (C.7). Chinook minimum size limit of 27 inches
total length (B). All fish must be landed in California and offloaded
within 24 hours of the August 29 closure. All fish caught in the area
when the KMZ quota fisheries are open must be landed south of Horse Mt.
(C.1, C.6). See gear restrictions and definitions (C.2, C.3).
Pt. Reyes to Pt. San Pedro (Fall Area Target Zone)
October 3-14. Monday through Friday. All salmon except coho (C.1).
Chinook minimum size limit 27 inches total length (B). All vessels
fishing in this area must land and deliver all fish between Point Arena
and Pigeon Point (C.1, C.6). See gear restrictions and definitions
(C.2, C.3).
California State regulations require all salmon be made available
to a CDFG representative for sampling immediately at port of landing.
Any person in possession of a salmon with a missing adipose fin, upon
request by an authorized agent or employee of the CDFG, shall
immediately relinquish the
[[Page 25251]]
head of the salmon to the state (California Fish and Game Code Sec.
8226).
--Pigeon Point to Point Sur (Monterey)
May 1-31 seven days per week;
June 25 through July 5 seven days per week;
July 9-27 Saturday through Wednesday;
July 29 through Aug. 29 seven days per week;
September 1-30 seven days per week (C.9).
All salmon except coho (C.7). Chinook minimum size limit of 27 inches
total length (B). All fish must be landed in California and offloaded
within 24 hours of the August 29 closure. All fish caught in the area
when the KMZ quota fisheries are open must be landed south of Horse Mt.
(C.1, C.6). See gear restrictions and definitions (C.2, C.3).
California State regulations require all salmon be made available
to a CDFG representative for sampling immediately at port of landing.
Any person in possession of a salmon with a missing adipose fin, upon
request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
--Point Sur to U.S./Mexico Border (Monterey South)
May 1 through July 5 seven days per week;
July 9-27 Saturday through Wednesday;
July 29 through Aug. 29 seven days per week (C.9).
All salmon except coho (C.7). Chinook minimum size limit of 27 inches
total length (B). All fish must be landed in California and offloaded
within 24 hours of the August 29 closure; all fish caught in the area
June 1-24 must be landed south of Point San Pedro; all fish caught in
the area when the KMZ quota fisheries are open must be landed south of
Horse Mountain. (C.1, C.6). See gear restrictions and definitions (C.2,
C.3).
California State regulations require that all salmon be made
available to a CDFG representative for sampling immediately at port of
landing. Any person in possession of a salmon with a missing adipose
fin, upon request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
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 U.S.-Mexico 27.0 20.5 .............. .............. None.
Border.
----------------------------------------------------------------------------------------------------------------
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 the salmon 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 the salmon 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. 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.).
d. 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.
[[Page 25252]]
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.
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, the estimated time of arrival,
and the specific reason the vessel is not able to meet special
management area landing restrictions.
In addition to contacting the U.S. Coast Guard, vessels fishing
south of the Oregon/California border must notify CDFG within one hour
of leaving the management area by calling 800-889-8346 and providing
the same information as reported to the U.S. Coast Guard. All salmon
must be offloaded within 24 hours of reaching port.
C.7. Incidental Halibut Harvest
During authorized periods, the operator of a vessel that has been
issued an incidental halibut harvest license may retain Pacific halibut
caught incidentally in Area 2A while trolling for salmon. Halibut
retained must be no less than 32 inches (81.28 cm) in total length,
measured from the tip of the lower jaw with the mouth closed to the
extreme end of the middle of the tail, and must be landed with the head
on. License applications for incidental harvest must be obtained from
the International Pacific Halibut Commission (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 28,126 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).
A ``C-shaped'' yelloweye rockfish conservation area (YRCA) is an
area to be voluntarily avoided for salmon trolling. NMFS and the
Council request salmon trollers voluntarily avoid this area in order to
protect yelloweye rockfish. The area is defined in the west coast
groundfish regulations at 50 CFR 660.70(c) and in West Coast salmon
regulations at 50 CFR 660.405, 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
applies:
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. Chinook remaining from the June and/or July non-Indian
commercial troll quotas in the Oregon KMZ may be transferred to the
Chinook quota for the next open period on a fishery impact equivalent
basis.
c. Chinook remaining from the July non-Indian commercial troll
quota in the California KMZ area may be transferred to the August quota
on a fishery impact equivalent basis.
d. NMFS may transfer fish between the recreational and commercial
fisheries north of Cape Falcon on a fishery impact neutral, fishery
equivalent basis if there is agreement among the areas' representatives
on the Salmon Advisory Subpanel (SAS).
e. At the March 2012 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2011).
f. 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.
g. Landing limits may be modified inseason to sustain season length
and keep harvest within overall quotas.
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 is the area from Humbug Mountain,
Oregon, to Horse Mountain, California.
Section 2. Recreational Management Measures for 2011 Ocean Salmon
Fisheries
Parts A, B, and C of this section contain restrictions that must be
followed for lawful participation in the fishery. Part A identifies
each fishing area and provides the 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 18 through earlier of June 25 or a coastwide marked Chinook
quota of 4,800 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose
[[Page 25253]]
fin clip (C.1). 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)
June 26 through earlier of September 18 or 6,990 marked coho
subarea quota with a subarea guideline of 3,200 Chinook. (C.5).
Seven days per week. All salmon except no chum beginning August 1; two
fish per day, no more than one of which can be a Chinook, plus one
additional pink salmon. All coho must be marked (C.1). See gear
restrictions (C.2). Beginning August 1, Chinook non-retention east of
the Bonilla-Tatoosh line (C.4.a) during Council managed ocean fishery.
Inseason management may be used to sustain season length and keep
harvest within the overall Chinook and coho recreational TACs for north
of Cape Falcon (C.5).
--Cape Alava to Queets River (La Push Subarea)
June 26 through earlier of September 18 or 1,700 marked coho
subarea quota with a subarea guideline of 1,350 Chinook. (C.5).
September 24 through earlier of October 9 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.
Seven days per week. All salmon; two fish per day, no more than one of
which can be a Chinook, plus one additional pink salmon. All coho must
be marked (C.1). See gear restrictions (C.2). Inseason management may
be used to sustain season length and keep harvest within the overall
Chinook and coho recreational TACs for north of Cape Falcon (C.5).
--Queets River to Leadbetter Point (Westport Subarea)
June 26 through earlier of September 18 or 24,860 marked coho
subarea quota with a subarea guideline of 16,900 Chinook (C.5).
Sunday through Thursday. All salmon; two fish per day, no more than one
of which can be a Chinook. All coho must be marked (C.1). See gear
restrictions and definitions (C.2, C.3). Grays Harbor Control Zone
closed beginning August 1 (C.4). Inseason management may be used to
sustain season length and keep harvest within the overall Chinook and
coho recreational TACs for north of Cape Falcon (C.5).
--Leadbetter Point to Cape Falcon (Columbia River Subarea)
June 26 through earlier of September 30 or 33,600 marked coho
subarea quota with a subarea guideline of 7,400 Chinook (C.5).
Seven days per week. All salmon; two fish per day, no more than one of
which can be a Chinook. All 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 and coho recreational TACs for
north of Cape Falcon (C.5).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
Except as provided below during the all-salmon mark-selective and
non-mark-selective coho fisheries, the season will be March 15 through
September 30 (C.6).
All salmon except coho; two fish per day (C.1). See gear restrictions
and definitions (C.2, C.3).
Cape Falcon to Humbug Mountain all-salmon mark-selective coho
fishery: July 2 through earlier of August 13 or a landed catch of
15,000 marked coho.
Seven days per week. All salmon, two fish per day. All retained coho
must be marked (C.1). Any remainder of the mark selective coho quota
will be transferred on an impact neutral basis to the September non-
selective coho quota listed below. The ``all salmon except coho''
season reopens the earlier of August 14 or attainment of the coho
quota, through August 31.
Cape Falcon to Humbug Mountain non-mark-selective coho fishery:
September 1 through the earlier of September 10 or a landed catch of
3,000 non-mark-selective coho quota (C.5).
Thursday through Saturday all salmon, two fish per day;
Sunday through Wednesday, all salmon except coho, two fish per day.
The ``all salmon except coho'' season reopens the earlier of September
11 or attainment of the coho quota (C.5). Open days may be adjusted
inseason to utilize the available coho quota (C.5).
Fishing in the Stonewall Bank yelloweye rockfish conservation area
restricted to trolling only on days the all depth recreational halibut
fishery is open (call the halibut fishing hotline 1-800-662-9825 for
specific dates) (C.3.b, C.4.d).
In 2012, the season between Cape Falcon and Humbug Mountain will
open March 15 for all salmon except coho, two fish per day (B, C.1,
C.2, C.3).
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
May 14 through September 5 (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).
--Oregon/California Border to Horse Mountain. (California KMZ)
May 14 through September 5 (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.
California State regulations require that all salmon be made
available to a CDFG representative for sampling immediately at port of
landing. Any person in possession of a salmon with a missing adipose
fin, upon request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
--Horse Mountain to Point Arena (Fort Bragg)
April 2 through October 30.
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).
In 2012, season opens April 7 for all salmon except coho, two fish
per day (C.1). Chinook minimum size limit of 24 inches total length
(B); and the same gear restrictions as in 2011 (C.2, C.3).
California State regulations require that all salmon be made
available to a CDFG representative for sampling immediately at port of
landing. Any person in possession of a salmon with a missing adipose
fin, upon request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
--Point Arena to Pigeon Point (San Francisco)
April 2 through October 30.
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).
In 2012, season opens April 7 for all salmon except coho, two fish
per day (C.1). Chinook minimum size limit of 24
[[Page 25254]]
inches total length (B); and the same gear restrictions as in 2011
(C.2, C.3).
California State regulations require that all salmon be made
available to a CDFG representative for sampling immediately at port of
landing. Any person in possession of a salmon with a missing adipose
fin, upon request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
--Pigeon Point to U.S./Mexico Border (Monterey South)
April 2 through September 18.
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).
In 2012, season opens April 7 for all salmon except coho, two fish
per day (C.1). Chinook minimum size limit of 24 inches total length
(B); and the same gear restrictions as in 2011 (C.2, C.3).
California State regulations require that all salmon be made
available to a CDFG representative for sampling immediately at port of
landing. Any person in possession of a salmon with a missing adipose
fin, upon request by an authorized agent or employee of the CDFG, shall
immediately relinquish the head of the salmon to the state (California
Fish and Game Code Sec. 8226).
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 U.S./Mexico Border....... 24.0 ................ 24.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 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 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 Yelloweye Rockfish Conservation Area: The area
[[Page 25255]]
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.
e. Marked coho remaining from the June/July through August Cape
Falcon to Oregon/California border recreational coho quota may be
transferred inseason to the September Cape Falcon to Humbug Mountain
non-mark-selective recreational fishery on a fishery impact equivalent
basis.
C.6. Additional Seasons in State Territorial Waters
Consistent with Council management objectives, the states of
Washington, Oregon, and California may establish limited seasons in
state waters. Check state regulations for details.
Section 3. Treaty Indian Management Measures for 2011 Ocean Salmon
Fisheries
Parts A, B, and C of this section contain requirements that must be
followed for lawful participation in the fishery.
A. Season Descriptions
U.S./Canada Border to Cape Falcon
May 1 through the earlier of June 30 or 19,750 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 21,250 preseason
Chinook quota, or 42,000 coho quota. All salmon. See size limit (B) and
other restrictions (C).
B. Minimum Size (Inches)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total Head-off Total Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon......... 2