Fisheries Off West Coast States; West Coast Salmon Fisheries; 2014 Management Measures, 24580-24594 [2014-10068]
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations
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Note to paragraph (a)(3): The Commission
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(8) When measuring the emission
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and lower frequency band edges as the
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(e) Within the 5.725–5.85 GHz band,
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(h) * * *
(2) Radar Detection Function of
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(i) Device Security. All U–NII devices
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disabled by the operator of the U–NII
device.
(j) Operator Filing Requirement:
Before deploying an aggregate total of
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[FR Doc. 2014–09279 Filed 4–30–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140107014–4014–01]
RIN 0648–XD072
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2014
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; notice of availability
of an environmental assessment.
AGENCY:
Through this final rule NMFS
establishes fishery management
measures for the 2014 ocean salmon
fisheries off Washington, Oregon, and
California and the 2015 salmon seasons
opening earlier than May 1, 2015.
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
SUMMARY:
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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 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 2014 ocean salmon
management measures.
DATES: This final rule is effective from
0001 hours Pacific Daylight Time, May
1, 2014, until the effective date of the
2015 management measures, as
published in the Federal Register.
Comments regarding the reporting
burden estimate or any other aspect of
the collection-of-information
requirements in these management
measures may be submitted at any time.
ADDRESSES: Copies of the documents
cited in this document are available
from Dr. Donald O. McIsaac, Executive
Director, Pacific Fishery Management
Council, 7700 NE. Ambassador Place,
Suite 200, Portland, OR 97220–1384,
and are posted on the Pacific Fishery
Management Council’s (Council’s) Web
site (www.pcouncil.org).
Send comments regarding the
reporting burden estimate or any other
aspect of the collection-of-information
requirements in these management
measures, including suggestions for
reducing the burden, to William W.
Stelle, Jr., Regional Administrator, West
Coast Region, NMFS, 7600 Sand Point
Way NE., Seattle, WA 98115–0070 and
to Office of Management and Budget
(OMB), by email at OIRA.Submission@
omb.eop.gov or by fax at (202) 395–
7285.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323, or Heidi
Taylor at 562–980–4039.
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
2014 and pre-May 2015 ocean salmon
fisheries that are implemented in this
final rule were recommended by the
Council at its April 5 to 10, 2014,
meeting.
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Schedule Used To Establish 2014
Management Measures
The Council announced its annual
preseason management process for the
2014 ocean salmon fisheries in the
Federal Register on December 9, 2013
(78 FR 73850), and on the Council’s
Web site at (www.pcouncil.org). NMFS
published an additional notice of
opportunities to submit public
comments on the 2014 ocean salmon
fisheries in the Federal Register on
February 3, 2014 (79 FR 6166). These
notices announced the availability of
Council documents, 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, and
instructions on how to comment on
2014 ocean salmon fisheries. The
agendas for the March and April
Council meetings were published in the
Federal Register (79 FR 8940, February
14, 2014 and 79 FR 14481, March 14,
2014, respectively) 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 2013 Ocean Salmon
Fisheries,’’ was prepared in February
when the scientific information
necessary for crafting management
measures for the 2014 and pre-May 2015
ocean salmon fisheries first became
available. The first report summarizes
biological and socio-economic data for
the 2013 ocean salmon fisheries and
assesses how well the Council’s 2013
management objectives were met. The
second report, ‘‘Preseason Report I
Stock Abundance Analysis and
Environmental Assessment Part 1 for
2014 Ocean Salmon Fishery
Regulations’’ (PRE I), provides the 2014
salmon stock abundance projections and
analyzes the impacts on the stocks and
Council management goals if the 2013
regulations and regulatory procedures
were applied to the projected 2014 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 Sacramento,
CA from March 8 to 13, 2014, to develop
2014 management alternatives for
proposal to the public. The Council
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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 2014 Ocean
Salmon Fishery Regulations’’ (PRE II),
which analyzes the effects of the
proposed 2014 management
alternatives.
Public hearings, sponsored by the
Council, to receive testimony on the
proposed alternatives were held on
March 24, 2014, in Westport, WA and
Coos Bay, OR; and March 25, 2013, in
Santa Rosa, 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 5 to 10,
2014, in Vancouver, WA to adopt its
final 2014 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 2014 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 (www.pcouncil.org).
National Environmental Policy Act
The Council’s documents described
above (PRE I, PRE II, and PRE III)
collectively comprise the EA for this
action, providing analysis of
environmental and socioeconomic
effects under the National
Environmental Policy Act. The EA and
its related Finding of No Significant
Impact are posted on the NMFS West
Coast Region Web site
(www.westcoast.fisheries.noaa.gov).
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Resource Status
Stocks of Concern
The need to meet ESA consultation
requirements and obligations of the
Pacific Salmon Treaty (PST) between
the U.S. and Canada for several stocks
will constrain fishing in 2014.
Fisheries south of Cape Falcon, OR
are limited in 2014 primarily by the
status of Sacramento River winter
Chinook (SRWC) and California Coastal
Chinook (CCC), which are both
evolutionarily significant units (ESUs)
listed under the Endangered Species Act
(ESA). Fisheries north of Cape Falcon
are limited primarily by Lower
Columbia River (LCR) Chinook salmon
and LCR coho salmon, stocks which are
also listed under the ESA, and by
Thompson River coho from Canada,
which are managed according to the
PST. At the start of the preseason
planning process for the 2014
management season, NMFS provided a
letter to the Council, dated March 4,
2014, summarizing its ESA consultation
standards for listed species as required
by the Salmon FMP. The limitations
imposed in order to protect these stocks
are described below. The alternatives
and the Council’s recommended
management measures for 2014 were
designed to avoid exceeding these
limitations.
In 2010, NMFS consulted under ESA
section 7 and provided guidance to the
Council regarding the effects of Council
area fisheries on SRWC. NMFS
completed a biological opinion that
includes a reasonable and prudent
alternative (RPA) to avoid jeopardizing
the continued existence of this ESU.
The RPA included management-areaspecific fishing season openings and
closures, and minimum size limits for
both commercial and recreational
fisheries. It also directed NMFS to
develop a second component to the
RPA—an abundance-based management
framework. In 2012, NMFS
implemented this abundance-based
framework which supplements the
above management restrictions with
maximum allowable impact rates that
apply when abundance is low. The age3 impact rate on SRWC in 2014 fisheries
south of Point Arena is limited to a
maximum of 15.4 percent.
NMFS last consulted under ESA
section 7 regarding the effects of
Council area fisheries on CCC in 2005.
Klamath River fall Chinook (KRFC) are
used as a surrogate to set limits on
ocean harvest impacts on CCC. The
biological opinion requires that
management measures result in a KRFC
age-4 ocean harvest rate of no greater
than 16 percent.
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In 2012, NMFS consulted under ESA
section 7 and provided guidance to the
Council regarding the effects of Council
area fisheries on LCR Chinook salmon.
NMFS completed a biological opinion
that applies to fisheries beginning in
2012, concluding that the proposed
fisheries, if managed consistent with the
terms of the biological opinion, are not
likely to jeopardize the continued
existence of LCR Chinook salmon. 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 fisheries in
the area north of Cape Falcon, Oregon.
Under the 2012 biological opinion,
NMFS uses an abundance-based
management (ABM) framework to set
annual exploitation rates for LCR tule
Chinook salmon below Bonneville Dam.
Applying the ABM framework to the
2014 preseason abundance forecast, the
LCR tule exploitation rate is limited to
a maximum of 41 percent.
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 LCR coho. The
opinion depends on use of a harvest
matrix for LCR coho. Under the matrix
the allowable harvest in a given year
depends on indicators of marine
survival and brood year escapement. In
2014, the marine survival indicator is in
the ‘‘medium’’ category, while brood
year escapements for two indicator
stocks are in the ‘‘low’’ and ‘‘high’’
categories. Under these circumstances,
ocean salmon fisheries under the
Council’s jurisdiction in 2014, 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 22.5 percent.
Interior Fraser (Thompson River)
coho, a Canadian stock, continues to be
depressed, remaining in the ‘‘low’’
status category under the PST; under
these circumstances, the PST and
Salmon FMP require a maximum 10.0
percent total U.S. exploitation rate on
this stock. Thompson River and LCR
coho are the coho stocks that require the
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most significant limitations on the 2014
ocean fisheries north of Cape Falcon.
Annual Catch Limits and Status
Determination Criteria
Annual Catch Limits (ACLs) are set
for two stocks: SRFC and KRFC. These
stocks are indicator stocks for the
Central Valley Fall Chinook complex
and the Southern Oregon/Northern
California Chinook complex,
respectively. The Far North Migrating
Coastal Chinook complex includes a
group of Chinook salmon stocks that are
caught primarily in fisheries north of
Cape Falcon, Oregon and other fisheries
that occur north of the U.S./Canada
Border. No ACL is set for these stocks
because they are managed according to
the PST with Canada. Other Chinook
salmon stocks caught in fisheries north
of Cape Falcon are ESA-listed or
hatchery produced, and are managed
consistent with ESA consultation
standards or hatchery goals. Coho stocks
are either ESA-listed, hatchery
produced, or managed under the PST.
ACLs for SRFC and KRFC are
escapement-based, which means they
establish a number of adults that must
escape the fisheries to return to the
spawning grounds. They are set based
on the annual abundance projection and
a fishing rate reduced to account for
scientific uncertainty. The abundance
forecasts for 2014 are described in more
detail below in the ‘‘Management
Measures for 2014 Fisheries’’ section of
this final rule. For SRFC in 2014, the
overfishing limit (OFL) is SOFL =
634,650 (projected abundance)
multiplied by 1–FMSY (1–0.78) or
139,623 returning spawners. SABC is
634,350 multiplied by 1–FABC (1–0.70)
(FMSY reduced for scientific
uncertainty = 0.70) or 190,395. The
SACL is set equal to SABC. For KRFC
in 2014, SOFL is 76,952 (abundance
projection) multiplied by 1–FMSY (1–
0.71), or 22,316 returning spawners.
SABC is 76,952 multiplied by 1–FABC
(1–0.68) (FMSY reduced for scientific
uncertainty = 0.68) or 24,625 returning
spawners. SACL is set equal to SABC.
As explained in more detail above
under ‘‘Stocks of Concern,’’ fisheries
south of Cape Falcon, which are the
fisheries that impact SRFC and KRFC,
are constrained by impact limits
necessary to protect ESA-listed salmon
stocks including CCC and SRWC. For
2014, projected abundance of SRFC and
KRFC, in combination with the
constraints for ESA-listed stocks, are
expected to result in escapements
greater than required to meet the ACLs
for both SRFC and KRFC.
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations
Public Comments
The Council invited written
comments on developing 2014 salmon
management measures in their notice
announcing public meetings and
hearings (78 FR 73850, December 9,
2013). At its March meeting, the Council
adopted three alternatives for 2014
salmon management measures having a
range of quotas, season structure, and
impacts, from the least restrictive in
Alternative 1 to the most restrictive in
Alternative 3. These alternatives are
described in detail in Pre II.
Subsequently, comments were taken at
three public hearings held in March,
staffed by representatives of the Council
and NMFS. The Council received four
written comments directly. The three
public hearings were attended by a total
of 45 people; 22 people provided oral
comments. Comments came from
individual fishers, fishing associations,
fish buyers, and processors. Written and
oral comments addressed the 2014
management alternatives described in
PRE II, and generally expressed
preferences for a specific alternative or
for particular season structures. All
comments were included in the
Council’s briefing book for their April
2014 meeting and were considered by
the Council, which includes a
representative from NMFS, in
developing the recommended
management measures transmitted to
NMFS on April 21, 2014.
Comments on alternatives for fisheries
north of Cape Falcon. For fisheries
north of Cape Falcon, Alternative I
quota levels were favored by five
commercial and three recreational
fishery commenters. Some commenters
suggested modifications to management
measures within the alternative; e.g.,
three commercial fishery commenters
preferred to keep the area north of the
Queets River open without landing
limits until the quota was caught, rather
than using landing limits to extend the
season. Alternative III was supported by
one commercial fishery commenter.
Three commenters specifically favored
the late season non-mark selective
commercial coho fishery described in
Alternative I. Two commenters would
like the same opportunity in the
recreational fishery.
Comments on alternatives for fisheries
south of Cape Falcon. For fisheries
south of Cape Falcon, Alternative I was
supported by six commercial and three
recreational fishery commenters, plus
one recreational angling group.
Alternative II for commercial fisheries
was supported by two individuals and
one seafood marketing group.
Alternative III for commercial fisheries
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was supported by two commenters who
identified themselves as recreational
fishers. Most commenters south of Cape
Falcon suggested modifications to the
alternatives or commented on specific
geographic areas rather than the area
south of Cape Falcon as a whole.
Comments on incidental halibut
retention in the commercial salmon
fisheries. At its March meeting, the
Council identified three alternatives for
landing limits for incidentally caught
halibut that are retained in the salmon
troll fishery. Alternative I was favored
north of Cape Falcon. Support was
divided between Alternatives II and III
south of Cape Falcon.
Other comments. Commercial fishers
south of Cape Falcon preferred reduced
landing limits to area closures. Several
recreational fishers expressed concern
that September quotas for commercial
fisheries the California Klamath
Management Zone (KMZ) were too
large, and would have impacts to
fisheries in 2015. North of Cape Falcon,
four commercial fishery commenters
requested that a procedure be
established to allow to anchoring
behind Destruction Island, north of
Queets River (Washington marine area
3), in the event of bad weather when
fishing south of Queets River
(Washington marine area 2). One
commenter asked for a small retention
allowance of unmarked coho throughout
the summer to reduce bycatch mortality
in the commercial fishery. Some
comments were not directly applicable
to the 2014 salmon management
alternatives, such as exempting
commercial salmon trollers from vessel
monitoring system requirements and
Council action on Caspian terns and
cormorants in the lower Columbia
River.
The Council, including the NMFS
representative, took these comments
into consideration. The Council’s final
recommendation generally includes
aspects of Alternatives I and II, while
taking into account the best available
scientific information and ensuring that
fisheries are consistent with Endangered
Species Act (ESA) consultation
standards, annual catch limits (ACLs),
Pacific Salmon Treaty (PST) obligations,
and tribal fishing rights. These
management tools assist the Council in
meeting impact limits on weak stocks.
The Council adopted alternative II for
incidental halibut retention, to be
consistent with retention limits adopted
for April 2014 (79 FR 17071, March 27,
2014).
NMFS also invited comments to be
submitted directly to the Council or to
NMFS, via the Federal Rulemaking
Portal (www.regulations.gov) in a
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proposed rule (79 FR 6166, February 3,
2014). No comments were submitted via
www.regulations.gov.
Management Measures for 2014
Fisheries
The Council-recommended ocean
harvest levels and management
measures for the 2014 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, U.S.
obligations to Indian tribes with
federally recognized fishing rights, and
U.S. international obligations regarding
Pacific salmon. The Council’s
recommended management measures
also comply with NMFS ESA
consultation standards and guidance,
for those listed salmon species that may
be affected by Council fisheries.
Accordingly, NMFS has adopted the
Council’s recommendations.
North of Cape Falcon, the 2014
management measures for non-Indian
commercial troll and recreational
fisheries have increased quotas for coho
and Chinook salmon, compared to 2013.
Conservation constraints on Chinook
salmon are largely unchanged,
including the exploitation rate limit for
ESA-listed LCR tule Chinook, which
remains at 41 percent in 2014. Impacts
in Alaskan and Canadian fisheries on
Chinook salmon stocks originating north
of Cape Falcon are increased relative to
2013. As discussed above, in 2014 the
north of Falcon fisheries are limited by
the need to protect threatened LCR coho
and coho salmon from the Thompson
River in Canada. ESA consultation
standards for threatened Oregon Coast
Natural coho also apply to these
fisheries but these are not limiting in
2014. 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 are
structured, in combination with
restricted fisheries inside Puget Sound,
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
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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).
Reduced abundance forecast for KRFC
in 2014 is reflected in reduced
commercial fishing opportunities south
of Cape Falcon in 2014. Constraints on
the commercial fishery in this region
include the CCC consultation standard
that limits the forecast KRFC age-4
ocean harvest rate to a maximum of 16
percent and the exploitation rate limit
on ESA-listed LCR tule Chinook.
Commercial fisheries south of Point
Arena are also constrained by the
maximum allowable age-3 impact rate of
15.4 percent on ESA-listed SRWC.
Recreational fisheries south of Cape
Falcon will be directed primarily at
Chinook salmon, with opportunity for
coho limited to the area between Cape
Falcon and the Oregon/California
Border. The projected abundance of
SRFC in 2014 is below the 2013
projection. Under the management
measures in this final rule, and
including anticipated in-river fishery
impacts, spawning escapement for SRFC
is projected at 314,715. Projected
abundance for KRFC in 2014 is much
lower than the very strong projections in
2012 and 2013. Under the management
measures in this final rule, and
including anticipated in-river fishery
impacts, spawning escapement for
KRFC is projected at 40,700.
The treaty-Indian commercial troll
fishery quota for 2014 is 62,500 Chinook
salmon in ocean management areas and
Washington State Statistical Area 4B
combined. This quota is higher than the
52,500 Chinook salmon quota in 2013,
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 31,250 Chinook
salmon, and an all-salmon season
beginning July 1 with a 31,250 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 57,500
coho, higher than in 2013.
The Council is recommending two
new provisions for 2014 fisheries, based
on the recommendation of its
Enforcement Consultants. In both the
commercial and recreational fisheries,
the Council added a specific prohibition
on filleting salmon prior to landing.
This prohibition will assist with the
enforcement of size limits, by allowing
for the determination of fish size before
this is obscured by filleting. In the
commercial fishery, a new provision
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requires that landing receipts report the
number, weight, and species of salmon
landed as well as the number and
weight of retained halibut caught
incidental to salmon fishing. This will
allow for determination of whether
salmon/halibut ratios are being met.
Management Measures for 2015
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 2015 fishing seasons that
open earlier than May 1. The Council
recommended, and NMFS concurs, that
the commercial season off Oregon from
Cape Falcon to the Oregon/California
border, the commercial season off
California from Horse Mountain to Point
Arena, 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
2015 as indicated in the Season
Description section of this document. At
the March 2015 meeting, the Council
may consider inseason
recommendations to adjust the
commercial and recreational seasons
prior to May 1 in the areas off Oregon
and California.
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
2014 management measures. Inseason
closures in the commercial and
recreational fisheries are announced on
the NMFS hotline and through the U.S.
Coast Guard (USCG) 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
2014 and, as specified, for 2015.
Section 1. Commercial Management
Measures for 2014 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
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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
37,900 Chinook, no more than 12,200 of
which may be caught in the area
between the U.S./Canada border and the
Queets River. Seven days per week
(C.1). All salmon except coho (C.4, C.7).
Chinook minimum size limit of 28
inches total length (B, C.1). Vessels in
possession of salmon north of the
Queets River may not cross the Queets
River line without first notifying
Washington Department of Fish and
Wildlife (WDFW) at 360–902–2739 with
area fished, total Chinook and halibut
catch aboard, and destination. Vessels
in possession of salmon south of the
Queets River may not cross the Queets
River line without first notifying WDFW
at 360–902–2739 with area fished, total
Chinook and halibut catch aboard, and
destination (C.6). See compliance
requirements (C.1) and gear restrictions
and definitions (C.2, C.3). When it is
projected that 28,425 Chinook have
been landed overall, or 9,150 Chinook
have been landed in the area between
the U.S./Canada border and the Queets
River, inseason action modifying the
open period to five days per week and
adding landing and possession limits
will be considered to ensure the
guideline is not exceeded. Cape Flattery,
Mandatory Yelloweye Rockfish
Conservation Area, and Columbia
Control Zones closed (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 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 email to
nfalcon.trollreport@state.or.us.
Notification shall include vessel name
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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.
July 1 through earlier of September 16
or attainment of the quota of 19,000
Chinook (C.8), no more than 8,750 of
which may be caught in the area
between the U.S./Canada border and the
Queets River, or 35,200 marked coho, no
more than 5,040 of which may be caught
in the area between the U.S./Canada
border and the Queets River (C.8.d). July
1 through 8, then Friday through
Tuesday, July 11 through August 19
with a landing and possession limit for
each open period of 60 Chinook and 40
marked coho per vessel per open period
north of the Queets River or 60 Chinook
and 60 marked coho per vessel per open
period south of the Queets River. From
August 22 through September 16, the
fishery will be open Friday through
Tuesday with a landing and possession
limit of 20 Chinook and 50 marked coho
per vessel per open period north of the
Queets River or 20 Chinook and 50
marked coho per vessel per open period
south of the Queets River (C.1). Vessels
in possession of salmon north of the
Queets River may not cross the Queets
River line without first notifying WDFW
at 360–902–2739 with area fished, total
Chinook, coho, and halibut catch
aboard, and destination. Vessels in
possession of salmon south of the
Queets River may not cross the Queets
River line without first notifying WDFW
at 360–902–2739 with area fished, total
Chinook, coho, and halibut catch
aboard, and destination (C.6). When it is
projected that 14,250 Chinook have
been landed overall, or 6,560 Chinook
have been landed in the area between
the U.S/Canada border and the Queets
River, inseason action modifying the
open period to five days per week and
adding landing and possession limits
will be considered to ensure the
guideline is not exceeded. No earlier
than September 1, if at least 5,000
marked coho remain on the quota,
inseason action may be considered to
allow non-selective coho retention (C.8).
All salmon except no chum retention
north of Cape Alava, Washington in
August and September (C.7). Chinook
minimum size limit of 28 inches total
length (B, C.1). All coho must be marked
except as noted above (C.8.d). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
Mandatory Yelloweye Rockfish
Conservation Area, Cape Flattery and
Columbia Control Zones, and beginning
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August 9, Grays Harbor Control Zone
Closed (C.5). Vessels must land and
deliver their fish within 24 hours of any
closure of this fishery. Vessels fishing or
in possession of salmon while fishing
north of Leadbetter Point must land and
deliver their fish within the area and
north of Leadbetter Point. Vessels
fishing or in possession of salmon while
fishing south of Leadbetter Point must
land and deliver their fish within the
area and south of Leadbetter Point,
except that Oregon permitted vessels
may also land their fish in Garibaldi,
Oregon. Under state law, vessels must
report their catch on a state fish
receiving ticket. 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
email 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.
South of Cape Falcon, OR
—Cape Falcon to Humbug Mountain
April 1 through July 31, August 6
through 29;
September 3 through October 31
(C.9.a).
Seven days per week. All salmon
except coho except as listed below for
September non-selective coho
incidental retention (C.4, C.7). Chinook
minimum size limit of 28 inches total
length (B, C.1). All vessels fishing in the
area must land their fish in the State of
Oregon (C.6). 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.
Beginning September 3, no more than
65 Chinook per vessel per landing week
(Wednesday through Tuesday).
• Non-selective incidental coho
retention
September 3 through the earlier of the
quota or September 30, retention of
coho will be limited to no more than
one coho for each landed Chinook with
a landing week limit of no more than 20
coho per vessel if sufficient quota is
available for transfer from the Cape
Falcon to Humbug Mt. non-selective
recreational fishery (C.8.b). Oregon State
regulations require all fishers landing
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24585
coho salmon from this season to notify
ODFW within one hour of delivery or
prior to transport away from the port of
landing by calling 541–867–0300 Ext.
252. Notification shall include vessel
name and number, number of salmon by
species, port of landing and location of
delivery, and estimated time of delivery.
In 2015, the season will open March
15, all salmon except coho. Chinook
minimum size limit of 28 inches total
length. Gear restrictions same as in
2014. This opening may be modified
following Council review at its March
2015 meeting.
—Humbug Mountain to Oregon/
California Border (Oregon KMZ)
April 1 through May 31;
June 15 through earlier of June 30, or
a 1,500 Chinook quota;
July 1 through earlier of July 31, or a
500 Chinook quota;
August 6 through earlier of August 29,
or a 500 Chinook quota;
September 12 through earlier of
September 27, or a 500 Chinook quota
(C.9.a).
Seven days per week. All salmon
except coho (C.4, C.7). Chinook
minimum size limit of 28 inches total
length (B, C.1). Prior to June 1, all fish
caught in this area must be landed and
delivered in the State of Oregon. June 15
through August 29 landing and
possession limit of 30 Chinook per
vessel per day. September 12 through 27
landing and possession limit of 20
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 of this fishery, and prior to
fishing outside of this area. State
regulations require fishers intending to
transport and deliver their catch to other
locations after first landing in one of
these ports notify ODFW prior to
transport away from the port of landing
by calling 541–867–0300 Ext. 252 or
sending notification via email to
KMZOR.trollreport@state.or.us, with
vessel name and number, number of
salmon by species, location of delivery,
and estimated time of delivery (C.6). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
In 2015, the season will open March
15 for all salmon except coho, with a 28inch Chinook minimum size limit (C.1).
Gear restrictions same as in 2014. This
opening could be modified following
Council review at its March 2015
meeting.
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—Oregon/California Border to
Humboldt South Jetty (California KMZ)
September 12 through earlier of
September 30, or 4,000 Chinook quota
(C.9.b). Five days per week, Friday
through Tuesday. All salmon except
coho (C.4, C.7). Chinook minimum size
limit of 27 inches total length (B, C.1).
Landing and possession limit of 20
Chinook per vessel per day (C.8.g). All
fish caught in this area must be landed
within the area and within 24 hours of
any closure of the fishery and prior to
fishing outside the area (C.10). 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 Oregon/
California border and Humbug
Mountain 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 (C.6).
—Humboldt South Jetty to Horse
Mountain
Closed.
—Horse Mountain to Point Arena (Fort
Bragg)
June 19 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon
except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total
length (B, C.1). All fish must be landed
in California and offloaded within 24
hours of the August 29 closure (C.6).
When the California KMZ fishery is
open, all fish caught in the area must be
landed south of Horse Mountain (C.6).
During September, all fish must be
landed north of Point Arena (C.6). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
In 2015, the season will open April 16
through 30 for all salmon except coho,
with a 27-inch Chinook minimum size
limit and the same gear restrictions as
in 2014. All fish caught in the area must
be landed in the area. This opening
could be modified following Council
review at its March 2015 meeting.
—Point Arena to Pigeon Point (San
Francisco)
May 1 through 31;
June 1 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon
except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total
length prior to September 1, 26 inches
thereafter (B, C.1). All fish must be
landed in California and offloaded
within 24 hours of the August 29
closure (C.6). During September, all fish
must be landed south of Point Arena
(C.6). See compliance requirements
(C.1) and gear restrictions and
definitions (C.2, C.3).
• Point Reyes to Point San Pedro (Fall
Area Target Zone) October 1 through 3,
6 through 10, and 13 through 15.
All salmon except coho (C.4, C.7).
Chinook minimum size limit of 26
inches total length (B, C.1). All fish
caught in this area must be landed
between Point Arena and Pigeon Point
(C.6). See compliance requirements
(C.1) and gear restrictions and
definitions (C.2, C.3).
—Pigeon Point to U.S./Mexico Border
(Monterey)
May 1 through 31;
June 1 through 30;
July 15 through 31;
August 1 through 13 (C.9.b).
Seven days per week. All salmon
except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total
length (B, C.1). All fish must be landed
in California and offloaded within 24
hours of August 29 (C.6). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
California State regulations require
that all salmon be made available to a
California Department of Fish and
Wildlife (CDFW) 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 CDFW, 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 OR/CA Border ............................................
OR/CA Border to Humboldt South Jetty ..............................
Horse Mountain to Point Arena ...........................................
Point Arena to U.S./Mexico Border:
Prior to Sept. 1 .............................................................
Sept. 1 to Oct. 15 .........................................................
Head-off
Total length
Head-off
28.0
28.0
27.0
27.0
21.5
21.5
20.5
20.5
16.0
16.0
........................
........................
12.0
12.0
........................
........................
None.
None.
None.
None.
27.0
26.0
20.5
19.5
........................
........................
........................
........................
None.
None.
Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 20.5 in=52.1 cm, 19.5 in=49.5 cm, 16.0 in=40.6 cm,
and 12.0 in=30.5 cm.
C. Special Requirements, Definitions,
Restrictions, or Exceptions
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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 or has been closed
less than 96 hours for that species of
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salmon. Salmon may be landed in an
area that has been closed for a species
of salmon 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
not be filleted prior to landing.
Any person who is required by
applicable state law to report a salmon
landing state law must include on the
state landing receipt for that landing
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both the number and weight of salmon
landed by species. 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.
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b. Cape Falcon, Oregon, to the
Oregon/California border: No more than
4 spreads are allowed per line.
c. Oregon/California 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 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 and/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.
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C.4. Vessel Operation in Closed Areas
With Salmon on Board
a. Except as provided under C.4.b
below, it is unlawful for a vessel to have
troll or recreational gear in the water
while in 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.
b. When Genetic Stock Identification
(GSI) samples will be collected in an
area closed to commercial salmon
fishing, the scientific research permit
holder shall notify NOAA Office of Law
Enforcement, USCG, CDFW, and Oregon
State Patrol at least 24 hours prior to
sampling and provide the following
information: the vessel name, date,
location, and time collection activities
will be done. Any vessel collecting GSI
samples in a closed area shall not
possess any salmon other than those
from which GSI samples are being
collected. Salmon caught for collection
of GSI samples must be immediately
released in good condition after
collection of samples.
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.
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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°55′36″ 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. 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).
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 USCG 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
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meet special management area landing
restrictions.
In addition to contacting the USCG,
vessels fishing south of the Oregon/
California border must notify CDFW
within one hour of leaving the
management area by calling 800–889–
8346 and providing the same
information as reported to the USCG.
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.
When halibut are caught and landed
incidental to commercial salmon fishing
by an IPHC license holder, any person
who is required to report the salmon
landing by applicable state law must
include on the state landing receipt for
that landing both the number of halibut
landed, and the total dressed, head-on
weight of halibut landed, in pounds, as
well as the number and species of
salmon landed.
License applications for incidental
harvest must be obtained from the
International Pacific Halibut
Commission (IPHC) (phone: 206–634–
1838). Applicants must apply prior to
mid-March 2015 for 2015 permits (exact
date to be set by the IPHC in early 2015).
Incidental harvest is authorized only
during April, May, and June of the 2014
troll seasons and after June 30 in 2014
if quota remains and if announced on
the NMFS hotline (phone: 1–800–662–
9825 or 206–526–6667). WDFW, ODFW,
and CDFW will monitor landings. If the
landings are projected to exceed the
29,671 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.
May 1, 2014, through December 31,
2014, and April 1–30, 2015, license
holders may land or possess no more
than one Pacific halibut per each four
Chinook, except one Pacific halibut may
be possessed or landed without meeting
the ratio requirement, and no more than
12 halibut may be possessed or landed
per trip. Pacific halibut retained must be
no less than 32 inches in total length
(with head on).
Incidental Pacific halibut catch
regulations in the commercial salmon
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tkelley on DSK3SPTVN1PROD with RULES
troll fishery adopted for 2014, prior to
any 2014 inseason action, will be in
effect when incidental Pacific halibut
retention opens on April 1, 2015, unless
otherwise modified by inseason action
at the March 2015 Council meeting.
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 Pacific
coast groundfish regulations (50 CFR
660.70(a)) in the North Coast subarea
(Washington marine area 3), with the
following coordinates in the order
listed:
48°18′ N. lat.; 125°18′ W. long.;
48°18′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 125°18′ W. long.;
and connecting back to 48°18′ N. lat.;
125°18′ W. long.
C.8. Inseason Management
In addition to standard inseason
actions or modifications already noted
under the season description, the
following inseason guidance 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, if
the transfer would not result in
exceeding preseason impact
expectations on any stocks.
b. If at least 35,000 coho are available
for the recreational non-selective coho
salmon season quota between Cape
Falcon and Humbug Mountain
(combined initial quota and impact
neutral rollover from the recreational
selective coho fishery between Cape
Falcon and the Oregon/California
Border) consideration will be made to
transfer a portion of the remaining coho
that are in excess of those needed to
meet the recreational objectives to the
commercial troll season between Cape
Falcon and Humbug Mountain. Landing
week limits and coho per Chinook ratios
may be adjusted inseason.
c. 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 if the transfer would
not result in exceeding preseason
impact expectations on any stocks.
d. NMFS may transfer fish between
the recreational and commercial
fisheries north of Cape Falcon if there is
agreement among the areas’
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Jkt 232001
representatives on the Salmon Advisory
Subpanel (SAS), and if the transfer
would not result in exceeding the
preseason impact expectations on any
stocks.
e. At the March 2015 meeting, the
Council will consider inseason
recommendations for special regulations
for any experimental fisheries
(proposals must meet Council protocol
and be received in November 2014).
f. If retention of unmarked coho is
permitted by inseason action, the
allowable coho quota will be adjusted to
ensure preseason projected impacts on
all stocks are not exceeded.
g. Landing limits may be modified
inseason to sustain season length and
keep harvest within overall quotas.
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).
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.
—Leadbetter Point to Cape Falcon
May 31 through earlier of June 13 or
a coastwide marked Chinook quota of
9,000 (C.5).
Seven days per week. Two fish per
day, all salmon except coho, all Chinook
must be marked with a healed adipose
fin clip (C.1). Chinook 24-inch total
length minimum size limit (B). See gear
restrictions and definitions (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).
C.10. For the Purposes of California Fish
and Game 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 2014 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
—Queets River to Leadbetter Point
May 31 through earlier of June 13 or
a coastwide marked Chinook quota of
9,000 (C.5).
Seven days per week. Two fish per
day, all salmon except coho, all Chinook
must be marked with a healed adipose
fin clip (C.1). Chinook 24-inch total
length minimum size limit (B). See gear
restrictions and definitions (C.2, C.3).
Inseason management may be used to
sustain season length and keep harvest
within the overall Chinook recreational
TAC for north of Cape Falcon (C.5).
—U.S./Canada Border to Cape Alava
(Neah Bay)
June 14 through earlier of September
21 or 19,220 marked coho subarea quota
with a subarea guideline of 7,000
Chinook (C.5).
Seven days per week. All salmon
except no chum beginning August 1;
two fish per day. All coho must be
marked with a healed adipose fin clip
(B, C.1). Beginning August 1, Chinook
non-retention east of the BonillaTatoosh line (C.4.a) during Council
managed ocean fishery. See gear
restrictions and definitions (C.2, C.3).
Inseason management may be used to
sustain season length and keep harvest
within the overall Chinook and coho
recreational TACs for north of Cape
Falcon (C.5).
North of Cape Falcon, OR
—Cape Alava to Queets River (La Push
Subarea)
—U.S./Canada Border to Queets River
May 16 through 17, May 23 through
24, and May 31 through June 13 or a
coastwide marked Chinook quota of
9,000 (C.5).
Seven days per week. Two fish per
day, all salmon except coho, all Chinook
must be marked with a healed adipose
fin clip (C.1). Chinook 24-inch total
length minimum size limit (B). See gear
restrictions and definitions (C.2, C.3).
June 14 through earlier of September
21 or 4,750 marked coho subarea quota
with a subarea guideline of 2,350
Chinook (C.5).
September 27 through earlier of
October 12 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. All coho must be marked
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations
with a healed adipose fin clip (B, C.1).
See gear restrictions (C.2, C.3). 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 14 through earlier of September
30 or 68,380 marked coho subarea quota
with a subarea guideline of 27,600
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 with a healed adipose fin clip
(B, C.1). See gear restrictions and
definitions (C.2, C.3). Grays Harbor
Control Zone closed beginning August
11 (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 14 through earlier of September
30 or 92,400 marked coho subarea quota
with a subarea guideline of 13,100
Chinook (C.5).
Seven days per week. All salmon; two
fish per day, no more than one of which
can be a Chinook (B, C.1). All coho must
be marked with a healed adipose fin
clip (C.1). See gear restrictions and
definitions (C.2, C.3). Columbia Control
Zone closed (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).
South of Cape Falcon, OR
tkelley on DSK3SPTVN1PROD with RULES
—Cape Falcon to Humbug Mountain
March 15 through October 31 (C.6),
except as provided below during the allsalmon mark-selective and non-markselective coho fisheries.
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).
• Non-mark-selective coho fishery:
August 30 through the earlier of
September 30 or a landed catch of
20,000 non-mark-selective coho quota
(C.5).
All salmon, two fish per day (C.5).
The all salmon except coho season
reopens the earlier of October 1 or
attainment of the coho quota (C.5).
In 2015, 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).
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 or 206–526–6667 for
specific dates) (C.3.b, C.4.d).
—Cape Falcon to Oregon/California
Border
All-salmon mark-selective coho
fishery: June 21 through earlier of
August 10 or a landed catch of 80,000
marked coho.
Seven days per week. All salmon, two
fish per day. All retained coho must be
marked with a healed adipose fin clip
(C.1). Chinook minimum size limit of 24
inches total length (B). See gear
restrictions and definitions (C.2, C.3).
Any remainder of the mark-selective
coho quota will be transferred on an
impact neutral basis to the September
non-selective coho quota from Cape
Falcon to Humbug Mountain (C.5). The
all salmon except coho season reopens
the earlier of August 11 or attainment of
the 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 or 206–526–6667 for
specific dates) (C.3.b, C.4.d).
—Humbug Mountain to Oregon/
California Border (Oregon KMZ)
May 10 through September 7, except
as provided above during the all-salmon
mark-selective coho fishery (C.6).
All salmon except coho, except as
noted above in the all-salmon markselective coho fishery. Seven days per
week, 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 10 through September 7 (C.6).
Seven days per week. All salmon
except coho, two fish per day (C.1).
Chinook minimum size limit of 24
inches total length (B). See gear
restrictions and definitions (C.2, C.3).
Area (when open)
Klamath Control Zone closed in August
(C.4.e). See California State regulations
for additional closures adjacent to the
Smith, Eel, and Klamath Rivers.
—Horse Mountain to Point Arena (Fort
Bragg)
April 5 through November 9.
Seven days per week. All salmon
except coho, two fish per day (C.1).
Chinook minimum size limit of 20
inches total length (B). See gear
restrictions and definitions (C.2, C.3).
In 2015, season opens April 4 for all
salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 20
inches total length (B); and the same
gear restrictions as in 2014 (C.2, C.3).
—Point Arena to Pigeon Point (San
Francisco)
April 5 through November 9.
Open seven days per week. All
salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 24
inches total length through June 30; 20
inches thereafter (B). See gear
restrictions and definitions (C.2, C.3).
In 2015, season opens April 4 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 2014 (C.2, C.3).
—Pigeon Point to U.S./Mexico Border
(Monterey)
April 5 through October 5.
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 2015, season opens April 4 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 2014 (C.2, C.3).
This opening could be modified
following Council review at its March
2015 meeting.
California State regulations require
that all salmon be made available to a
CDFW 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
CDFW, 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 Humbug Mountain .............................................................................................
Humbug Mt. to OR/CA Border ....................................................................................................
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24589
E:\FR\FM\01MYR1.SGM
24.0
24.0
24.0
01MYR1
Coho
Pink
16.0
16.0
16.0
None
None
None
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations
Area (when open)
Chinook
OR/CA Border to Horse Mountain ...............................................................................................
Horse Mountain to Point Arena ...................................................................................................
Point Arena to Pigeon Point:
April 5 to June 30 .................................................................................................................
June 30 to November 9 ........................................................................................................
Pigeon Point to U.S./Mexico Border ............................................................................................
Coho
Pink
20.0
20.0
........................
........................
24.0
20.0
24.0
20.0
24.0
........................
........................
........................
24.0
20.0
24.0
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, and 16.0in=40.6 cm.
C. Special Requirements, Definitions,
Restrictions, or Exceptions
tkelley on DSK3SPTVN1PROD with RULES
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. Salmon may
not be filleted prior to landing.
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 Chinook and
coho salmon for all licensed and
juvenile anglers aboard have 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 Mountain, 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.
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Jkt 232001
C.3. Gear Definitions
a. Recreational fishing gear defined:
Off Oregon and Washington, angling
tackle consists of a single line that must
be attached to a rod and reel held by
hand or closely attended; the rod and
reel must be held by hand while playing
a hooked fish. No person may use more
than one rod and line while fishing off
Oregon or Washington. Off California,
the line must be attached to a rod and
reel held by hand or closely attended;
weights directly attached to a line may
not exceed four pounds (1.8 kg). While
fishing off California north of Point
Conception, no person fishing for
salmon, and no person fishing from a
boat with salmon on board, may use
more than one rod and line. Fishing
includes any activity which can
reasonably be expected to result in the
catching, taking, or harvesting of fish.
b. Trolling defined: Angling from a
boat or floating device that is making
way by means of a source of power,
other than drifting by means of the
prevailing water current or weather
conditions.
c. Circle hook defined: A hook with a
generally circular shape and a point
which turns inward, pointing directly to
the shank at a 90° angle.
C.4. Control Zone Definitions
a. The Bonilla-Tatoosh Line—A line
running from the western end of Cape
Flattery to Tatoosh Island Lighthouse
(48°23′30″ N. lat., 124°44′12″ W. long.)
to the buoy adjacent to Duntze Rock
(48°24′37″ N. lat., 124°44′37″ W. long.),
then in a straight line to Bonilla Point
(48°35′39″ N. lat., 124°42′58″ 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°55′36″ 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.);
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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 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 applies:
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 to help meet the
recreational season duration objectives
(for each subarea) after conferring with
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations
representatives of the affected ports and
the Council’s SAS recreational
representatives north of Cape Falcon,
and if the transfer would not result in
exceeding preseason impact
expectations on any stocks.
c. Chinook and coho may be
transferred between the recreational and
commercial fisheries north of Cape
Falcon if there is agreement among the
representatives of the SAS, and if the
transfer would not result in exceeding
preseason impact expectations on any
stocks.
d. Fishery managers may consider
inseason action modifying regulations
restricting retention of unmarked coho.
To remain consistent with preseason
expectations, any inseason action shall
consider, if significant, the difference
between observed and preseason
forecasted mark rates. Such a
consideration may also include a change
in bag limit of two salmon, no more
than one of which may be a coho.
e. Marked coho remaining from the
Cape Falcon to Oregon/California border
recreational mark-selective coho quota
may be transferred inseason to the Cape
Falcon to Humbug Mountain non-markselective recreational fishery if the
transfer would not result in exceeding
preseason impact expectations on any
stocks.
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.
24591
Section 3. Treaty Indian Management
Measures for 2014 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
May 1 through the earlier of June 30
or 31,250 Chinook quota. All salmon
except coho. If the Chinook quota is
exceeded, the excess will be deducted
from the later all-salmon season (C.5).
See size limit (B) and other restrictions
(C).
July 1 through the earlier of
September 15, or 31,250 preseason
Chinook quota (C.5), or 57,500 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, 16.0in=40.6 cm, and 12.0 in=30.5 cm.
48°02′15″ N. lat. (Norwegian Memorial)
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 Point)
and 47°31′42″ N. lat. (Queets River) and
east of 125°44′00″ W. long.
HOH—That portion of the FMA
between 47°54′18″ N. lat. (Quillayute
River) and 47°21′00″ N. lat. (Quinault
River) and east of 125°44′00″ W. long.
QUINAULT—That portion of the
FMA between 47°40′06″ N. lat.
(Destruction Island) and 46°53′18″ N.
lat. (Point Chehalis) and east of
125°44′00″ W. long.
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C. Special Requirements, Restrictions,
and Exceptions
C.3. Quotas
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
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a. The quotas include troll catches by
the S’Klallam and Makah tribes in
Washington State Statistical Area 4B
from May 1 through September 15.
b. The Quileute Tribe will continue a
ceremonial and subsistence fishery
during the time frame of September 15
through October 15 in the same manner
as in 2004 through 2013. Fish taken
during this fishery are to be counted
against treaty troll quotas established for
the 2014 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.
C.5. Inseason Management
In addition to standard inseason
actions or modifications already noted
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under the season description, the
following inseason guidance applies:
a. Chinook remaining from the May
through June treaty-Indian ocean troll
harvest guideline north of Cape Falcon
may be transferred to the July through
September harvest guideline on a
fishery impact equivalent basis.
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 April 4, 2014, NMFS
published a final rule (79 FR 18827) to
implement the IPHC’s
recommendations, to announce fishery
regulations for U.S. waters off Alaska
and fishery regulations for treaty
commercial and ceremonial and
subsistence fisheries, some regulations
for non-treaty commercial fisheries for
U.S. waters off the West Coast, and
approval of and implementation of the
Area 2A Pacific halibut Catch Sharing
Plan and the Area 2A management
measures for 2014. 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
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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 (IPHC)
(phone: 206–634–1838).
License applications for incidental
harvest must be obtained from the
International Pacific Halibut
Commission (IPHC) (phone: 206–634–
1838). Applicants must apply prior to
mid-March 2015 for 2015 permits (exact
date to be set by the IPHC in early 2015).
Incidental harvest is authorized only
during April, May, and June of the 2014
troll seasons and after June 30 in 2014
if quota remains and if announced on
the NMFS hotline (phone: 1–800–662–
9825 or 206–526–6667). WDFW, ODFW,
and CDFW will monitor landings. If the
landings are projected to exceed the
29,671-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.
May 1, 2014, through December 31,
2014, and April 1–30, 2015, license
holders may land or possess no more
than one Pacific halibut per each four
Chinook, except one Pacific halibut may
be possessed or landed without meeting
the ratio requirement, and no more than
12 halibut may be possessed or landed
per trip. Pacific halibut retained must be
no less than 32 inches in total length
(with head on).
Incidental Pacific halibut catch
regulations in the commercial salmon
troll fishery adopted for 2014, prior to
any 2014 inseason action, will be in
effect when incidental Pacific halibut
retention opens on April 1, 2015, unless
otherwise modified by inseason action
at the March 2015 Council meeting.
NMFS and the Council request that
salmon trollers voluntarily avoid a ‘‘Cshaped’’ YRCA (also known as the
Salmon Troll YRCA) in order to protect
yelloweye rockfish. Coordinates for the
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Salmon Troll YRCA are defined at 50
CFR 660.70(a) in the North Coast
subarea (Washington marine area 3). 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″
lat.
48°10′00″
lat.
47°31′42″
lat.
46°38′10″
lat.
45°46′00″
lat.
44°00′54″
lat.
42°40′30″
lat.
42°00′00″
lat.
40°45′53″
lat.
40°05′00″
lat.
38°57′30″
lat.
37°59′44″
lat.
37°35′40″
lat.
37°11′00″
lat.
36°18′00″
lat.
34°27′00″
lat.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
Section 6. Inseason Notice Procedures
Actual notice of inseason
management actions will be provided by
a telephone hotline administered by the
West Coast Region, NMFS, 1–800–662–
9825 or 206–526–6667, and by USCG
Notice to Mariners broadcasts. These
broadcasts are announced on Channel
16 VHF–FM and 2182 KHz at frequent
intervals. The announcements designate
the channel or frequency over which the
Notice to Mariners will be immediately
broadcast. Inseason actions will also be
filed with the Federal Register as soon
as practicable. Since provisions of these
management measures may be altered
by inseason actions, fishermen should
monitor either the telephone hotline or
Coast Guard broadcasts for current
information for the area in which they
are fishing.
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Classification
This final rule is necessary for
conservation and management of Pacific
coast salmon stocks and is consistent
with the Magnuson-Stevens Act and
other applicable law. 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.
The Assistant Administrator for
Fisheries finds good cause under 5
U.S.C. 553(b)(3)(B), to waive the
requirement for prior notice and
opportunity for public comment, as
such procedures are impracticable and
contrary to the public interest.
The annual salmon management cycle
begins May 1 and continues through
April 30 of the following year. May 1
was chosen because the pre-May
harvests constitute a relatively small
portion of the annual catch. The time
frame of the preseason process for
determining the annual modifications to
ocean salmon fishery management
measures depends on when the
pertinent biological data are available.
Salmon stocks are managed to meet
annual spawning escapement goals or
specific exploitation rates. Achieving
either of these objectives requires
designing management measures that
are appropriate for the ocean abundance
predicted for that year. These pre-season
abundance forecasts, which are derived
from the previous year’s observed
spawning escapement, vary
substantially from year to year, and are
not available until January or 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
culminating with the April Council
meeting at which the Council adopts a
recommendation that is forwarded to
NMFS for review, approval, and
implementation of fishing regulations
effective on May 1.
Providing opportunity for prior notice
and public comments on the Council’s
recommended measures through a
proposed and final rulemaking process
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations
would require 30 to 60 days in addition
to the 2-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 benefit of information regarding
current stock status. For the 2014
fishing regulations, the current stock
status was not available to the Council
until February. Because a substantial
amount of fishing occurs during May
and June, managing the fishery with
measures developed using the prior
year’s data could have significant
adverse effects on the managed stocks,
including ESA-listed 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 2013). 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, 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 2013 management measures
will continue to apply in most areas.
This would result in excessive impacts
to some salmon stocks, including KRFC
and ESA-listed California Coastal
Chinook salmon.
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.
In addition, public comment is
received and considered by the Council
and NMFS throughout the process of
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developing these management
measures. As described above, the
Council takes comment at its March and
April meetings, and hears summaries of
comments received at public meetings
held between the March and April
meetings in each of the coastal states.
NMFS also invited comments in a
notice published prior to the March
Council meeting, and considered
comments received by the Council
through its representative on the
Council. Thus, these measures were
developed with significant public input.
Based upon the above-described 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)(3)(B).
The Assistant Administrator for
Fisheries 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 are 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. Delaying the effectiveness of
these measures by 30 days 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 and the
requirements of the Magnuson-Stevens
Act.
To enhance the fishing industry’s
notification of these new measures, and
to minimize the burden on the regulated
community required to comply with the
new regulations, NMFS is announcing
the new measures over the telephone
hotline used for inseason management
actions and is posting the regulations on
its West Coast Region Web site (https://
www.westcoast.fisheries.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
PO 00000
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Fmt 4700
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24593
of Management and Budget (OMB)
under control number 0648–0433. The
public reporting burden for providing
notifications if landing area restrictions
cannot be met is estimated to average 15
minutes per response. This estimate
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by email 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 4, 2014. 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 2014 are
consistent with the biological opinions
that found no jeopardy, and with the
reasonable and prudent alternatives in
the jeopardy biological opinions. 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 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
jeopardize SRKW. The 2014 salmon
management measures are consistent
with the terms of that biological
opinion.
This final rule was developed after
meaningful consultation and
collaboration with the affected tribes.
The tribal representative on the Council
made the motion for the regulations that
apply to the tribal fisheries.
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Authority: 16 U.S.C. 773–773k; 1801 et
seq.
Dated: April 28, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–10068 Filed 4–30–14; 8:45 am]
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Agencies
[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Rules and Regulations]
[Pages 24580-24594]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10068]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 140107014-4014-01]
RIN 0648-XD072
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2014 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; notice of availability of an environmental
assessment.
-----------------------------------------------------------------------
SUMMARY: Through this final rule NMFS establishes fishery management
measures for the 2014 ocean salmon fisheries off Washington, Oregon,
and California and the 2015 salmon seasons opening earlier than May 1,
2015. 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
[[Page 24581]]
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 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 2014 ocean salmon management measures.
DATES: This final rule is effective from 0001 hours Pacific Daylight
Time, May 1, 2014, until the effective date of the 2015 management
measures, as published in the Federal Register. Comments regarding the
reporting burden estimate or any other aspect of the collection-of-
information requirements in these management measures may be submitted
at any time.
ADDRESSES: Copies of the documents cited in this document are available
from Dr. Donald O. McIsaac, Executive Director, Pacific Fishery
Management Council, 7700 NE. Ambassador Place, Suite 200, Portland, OR
97220-1384, and are posted on the Pacific Fishery Management Council's
(Council's) Web site (www.pcouncil.org).
Send comments regarding the reporting burden estimate or any other
aspect of the collection-of-information requirements in these
management measures, including suggestions for reducing the burden, to
William W. Stelle, Jr., Regional Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070 and to Office of
Management and Budget (OMB), by email at OIRA.Submission@omb.eop.gov or
by fax at (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323, or Heidi
Taylor at 562-980-4039.
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 2014 and pre-May 2015 ocean salmon
fisheries that are implemented in this final rule were recommended by
the Council at its April 5 to 10, 2014, meeting.
Schedule Used To Establish 2014 Management Measures
The Council announced its annual preseason management process for
the 2014 ocean salmon fisheries in the Federal Register on December 9,
2013 (78 FR 73850), and on the Council's Web site at
(www.pcouncil.org). NMFS published an additional notice of
opportunities to submit public comments on the 2014 ocean salmon
fisheries in the Federal Register on February 3, 2014 (79 FR 6166).
These notices announced the availability of Council documents, 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, and instructions on how to comment on 2014 ocean salmon
fisheries. The agendas for the March and April Council meetings were
published in the Federal Register (79 FR 8940, February 14, 2014 and 79
FR 14481, March 14, 2014, respectively) 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 2013 Ocean Salmon Fisheries,'' was prepared in
February when the scientific information necessary for crafting
management measures for the 2014 and pre-May 2015 ocean salmon
fisheries first became available. The first report summarizes
biological and socio-economic data for the 2013 ocean salmon fisheries
and assesses how well the Council's 2013 management objectives were
met. The second report, ``Preseason Report I Stock Abundance Analysis
and Environmental Assessment Part 1 for 2014 Ocean Salmon Fishery
Regulations'' (PRE I), provides the 2014 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2013 regulations and regulatory procedures were
applied to the projected 2014 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
Sacramento, CA from March 8 to 13, 2014, to develop 2014 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 2014 Ocean Salmon
Fishery Regulations'' (PRE II), which analyzes the effects of the
proposed 2014 management alternatives.
Public hearings, sponsored by the Council, to receive testimony on
the proposed alternatives were held on March 24, 2014, in Westport, WA
and Coos Bay, OR; and March 25, 2013, in Santa Rosa, 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 5 to 10, 2014, in Vancouver, WA to adopt
its final 2014 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 2014 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 (www.pcouncil.org).
National Environmental Policy Act
The Council's documents described above (PRE I, PRE II, and PRE
III) collectively comprise the EA for this action, providing analysis
of environmental and socioeconomic effects under the National
Environmental Policy Act. The EA and its related Finding of No
Significant Impact are posted on the NMFS West Coast Region Web site
(www.westcoast.fisheries.noaa.gov).
[[Page 24582]]
Resource Status
Stocks of Concern
The need to meet ESA consultation requirements and obligations of
the Pacific Salmon Treaty (PST) between the U.S. and Canada for several
stocks will constrain fishing in 2014.
Fisheries south of Cape Falcon, OR are limited in 2014 primarily by
the status of Sacramento River winter Chinook (SRWC) and California
Coastal Chinook (CCC), which are both evolutionarily significant units
(ESUs) listed under the Endangered Species Act (ESA). Fisheries north
of Cape Falcon are limited primarily by Lower Columbia River (LCR)
Chinook salmon and LCR coho salmon, stocks which are also listed under
the ESA, and by Thompson River coho from Canada, which are managed
according to the PST. At the start of the preseason planning process
for the 2014 management season, NMFS provided a letter to the Council,
dated March 4, 2014, summarizing its ESA consultation standards for
listed species as required by the Salmon FMP. The limitations imposed
in order to protect these stocks are described below. The alternatives
and the Council's recommended management measures for 2014 were
designed to avoid exceeding these limitations.
In 2010, NMFS consulted under ESA section 7 and provided guidance
to the Council regarding the effects of Council area fisheries on SRWC.
NMFS completed a biological opinion that includes a reasonable and
prudent alternative (RPA) to avoid jeopardizing the continued existence
of this ESU. The RPA included management-area-specific fishing season
openings and closures, and minimum size limits for both commercial and
recreational fisheries. It also directed NMFS to develop a second
component to the RPA--an abundance-based management framework. In 2012,
NMFS implemented this abundance-based framework which supplements the
above management restrictions with maximum allowable impact rates that
apply when abundance is low. The age-3 impact rate on SRWC in 2014
fisheries south of Point Arena is limited to a maximum of 15.4 percent.
NMFS last consulted under ESA section 7 regarding the effects of
Council area fisheries on CCC in 2005. Klamath River fall Chinook
(KRFC) are used as a surrogate to set limits on ocean harvest impacts
on CCC. The biological opinion requires that management measures result
in a KRFC age-4 ocean harvest rate of no greater than 16 percent.
In 2012, NMFS consulted under ESA section 7 and provided guidance
to the Council regarding the effects of Council area fisheries on LCR
Chinook salmon. NMFS completed a biological opinion that applies to
fisheries beginning in 2012, concluding that the proposed fisheries, if
managed consistent with the terms of the biological opinion, are not
likely to jeopardize the continued existence of LCR Chinook salmon. 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
fisheries in the area north of Cape Falcon, Oregon. Under the 2012
biological opinion, NMFS uses an abundance-based management (ABM)
framework to set annual exploitation rates for LCR tule Chinook salmon
below Bonneville Dam. Applying the ABM framework to the 2014 preseason
abundance forecast, the LCR tule exploitation rate is limited to a
maximum of 41 percent.
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 LCR coho. The opinion depends on use
of a harvest matrix for LCR coho. Under the matrix the allowable
harvest in a given year depends on indicators of marine survival and
brood year escapement. In 2014, the marine survival indicator is in the
``medium'' category, while brood year escapements for two indicator
stocks are in the ``low'' and ``high'' categories. Under these
circumstances, ocean salmon fisheries under the Council's jurisdiction
in 2014, 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 22.5 percent.
Interior Fraser (Thompson River) coho, a Canadian stock, continues
to be depressed, remaining in the ``low'' status category under the
PST; under these circumstances, the PST and Salmon FMP require a
maximum 10.0 percent total U.S. exploitation rate on this stock.
Thompson River and LCR coho are the coho stocks that require the most
significant limitations on the 2014 ocean fisheries north of Cape
Falcon.
Annual Catch Limits and Status Determination Criteria
Annual Catch Limits (ACLs) are set for two stocks: SRFC and KRFC.
These stocks are indicator stocks for the Central Valley Fall Chinook
complex and the Southern Oregon/Northern California Chinook complex,
respectively. The Far North Migrating Coastal Chinook complex includes
a group of Chinook salmon stocks that are caught primarily in fisheries
north of Cape Falcon, Oregon and other fisheries that occur north of
the U.S./Canada Border. No ACL is set for these stocks because they are
managed according to the PST with Canada. Other Chinook salmon stocks
caught in fisheries north of Cape Falcon are ESA-listed or hatchery
produced, and are managed consistent with ESA consultation standards or
hatchery goals. Coho stocks are either ESA-listed, hatchery produced,
or managed under the PST.
ACLs for SRFC and KRFC are escapement-based, which means they
establish a number of adults that must escape the fisheries to return
to the spawning grounds. They are set based on the annual abundance
projection and a fishing rate reduced to account for scientific
uncertainty. The abundance forecasts for 2014 are described in more
detail below in the ``Management Measures for 2014 Fisheries'' section
of this final rule. For SRFC in 2014, the overfishing limit (OFL) is
SOFL = 634,650 (projected abundance) multiplied by 1-FMSY (1-0.78) or
139,623 returning spawners. SABC is 634,350 multiplied by 1-FABC (1-
0.70) (FMSY reduced for scientific uncertainty = 0.70) or 190,395. The
SACL is set equal to SABC. For KRFC in 2014, SOFL is 76,952 (abundance
projection) multiplied by 1-FMSY (1-0.71), or 22,316 returning
spawners. SABC is 76,952 multiplied by 1-FABC (1-0.68) (FMSY reduced
for scientific uncertainty = 0.68) or 24,625 returning spawners. SACL
is set equal to SABC.
As explained in more detail above under ``Stocks of Concern,''
fisheries south of Cape Falcon, which are the fisheries that impact
SRFC and KRFC, are constrained by impact limits necessary to protect
ESA-listed salmon stocks including CCC and SRWC. For 2014, projected
abundance of SRFC and KRFC, in combination with the constraints for
ESA-listed stocks, are expected to result in escapements greater than
required to meet the ACLs for both SRFC and KRFC.
[[Page 24583]]
Public Comments
The Council invited written comments on developing 2014 salmon
management measures in their notice announcing public meetings and
hearings (78 FR 73850, December 9, 2013). At its March meeting, the
Council adopted three alternatives for 2014 salmon management measures
having a range of quotas, season structure, and impacts, from the least
restrictive in Alternative 1 to the most restrictive in Alternative 3.
These alternatives are described in detail in Pre II. Subsequently,
comments were taken at three public hearings held in March, staffed by
representatives of the Council and NMFS. The Council received four
written comments directly. The three public hearings were attended by a
total of 45 people; 22 people provided oral comments. Comments came
from individual fishers, fishing associations, fish buyers, and
processors. Written and oral comments addressed the 2014 management
alternatives described in PRE II, and generally expressed preferences
for a specific alternative or for particular season structures. All
comments were included in the Council's briefing book for their April
2014 meeting and were considered by the Council, which includes a
representative from NMFS, in developing the recommended management
measures transmitted to NMFS on April 21, 2014.
Comments on alternatives for fisheries north of Cape Falcon. For
fisheries north of Cape Falcon, Alternative I quota levels were favored
by five commercial and three recreational fishery commenters. Some
commenters suggested modifications to management measures within the
alternative; e.g., three commercial fishery commenters preferred to
keep the area north of the Queets River open without landing limits
until the quota was caught, rather than using landing limits to extend
the season. Alternative III was supported by one commercial fishery
commenter. Three commenters specifically favored the late season non-
mark selective commercial coho fishery described in Alternative I. Two
commenters would like the same opportunity in the recreational fishery.
Comments on alternatives for fisheries south of Cape Falcon. For
fisheries south of Cape Falcon, Alternative I was supported by six
commercial and three recreational fishery commenters, plus one
recreational angling group. Alternative II for commercial fisheries was
supported by two individuals and one seafood marketing group.
Alternative III for commercial fisheries was supported by two
commenters who identified themselves as recreational fishers. Most
commenters south of Cape Falcon suggested modifications to the
alternatives or commented on specific geographic areas rather than the
area south of Cape Falcon as a whole.
Comments on incidental halibut retention in the commercial salmon
fisheries. At its March meeting, the Council identified three
alternatives for landing limits for incidentally caught halibut that
are retained in the salmon troll fishery. Alternative I was favored
north of Cape Falcon. Support was divided between Alternatives II and
III south of Cape Falcon.
Other comments. Commercial fishers south of Cape Falcon preferred
reduced landing limits to area closures. Several recreational fishers
expressed concern that September quotas for commercial fisheries the
California Klamath Management Zone (KMZ) were too large, and would have
impacts to fisheries in 2015. North of Cape Falcon, four commercial
fishery commenters requested that a procedure be established to allow
to anchoring behind Destruction Island, north of Queets River
(Washington marine area 3), in the event of bad weather when fishing
south of Queets River (Washington marine area 2). One commenter asked
for a small retention allowance of unmarked coho throughout the summer
to reduce bycatch mortality in the commercial fishery. Some comments
were not directly applicable to the 2014 salmon management
alternatives, such as exempting commercial salmon trollers from vessel
monitoring system requirements and Council action on Caspian terns and
cormorants in the lower Columbia River.
The Council, including the NMFS representative, took these comments
into consideration. The Council's final recommendation generally
includes aspects of Alternatives I and II, while taking into account
the best available scientific information and ensuring that fisheries
are consistent with Endangered Species Act (ESA) consultation
standards, annual catch limits (ACLs), Pacific Salmon Treaty (PST)
obligations, and tribal fishing rights. These management tools assist
the Council in meeting impact limits on weak stocks. The Council
adopted alternative II for incidental halibut retention, to be
consistent with retention limits adopted for April 2014 (79 FR 17071,
March 27, 2014).
NMFS also invited comments to be submitted directly to the Council
or to NMFS, via the Federal Rulemaking Portal (www.regulations.gov) in
a proposed rule (79 FR 6166, February 3, 2014). No comments were
submitted via www.regulations.gov.
Management Measures for 2014 Fisheries
The Council-recommended ocean harvest levels and management
measures for the 2014 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, U.S. obligations to Indian tribes with federally
recognized fishing rights, and U.S. international obligations regarding
Pacific salmon. The Council's recommended management measures also
comply with NMFS ESA consultation standards and guidance, for those
listed salmon species that may be affected by Council fisheries.
Accordingly, NMFS has adopted the Council's recommendations.
North of Cape Falcon, the 2014 management measures for non-Indian
commercial troll and recreational fisheries have increased quotas for
coho and Chinook salmon, compared to 2013. Conservation constraints on
Chinook salmon are largely unchanged, including the exploitation rate
limit for ESA-listed LCR tule Chinook, which remains at 41 percent in
2014. Impacts in Alaskan and Canadian fisheries on Chinook salmon
stocks originating north of Cape Falcon are increased relative to 2013.
As discussed above, in 2014 the north of Falcon fisheries are limited
by the need to protect threatened LCR coho and coho salmon from the
Thompson River in Canada. ESA consultation standards for threatened
Oregon Coast Natural coho also apply to these fisheries but these are
not limiting in 2014. 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 are structured, in combination
with restricted fisheries inside Puget Sound, 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
[[Page 24584]]
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).
Reduced abundance forecast for KRFC in 2014 is reflected in reduced
commercial fishing opportunities south of Cape Falcon in 2014.
Constraints on the commercial fishery in this region include the CCC
consultation standard that limits the forecast KRFC age-4 ocean harvest
rate to a maximum of 16 percent and the exploitation rate limit on ESA-
listed LCR tule Chinook. Commercial fisheries south of Point Arena are
also constrained by the maximum allowable age-3 impact rate of 15.4
percent on ESA-listed SRWC. Recreational fisheries south of Cape Falcon
will be directed primarily at Chinook salmon, with opportunity for coho
limited to the area between Cape Falcon and the Oregon/California
Border. The projected abundance of SRFC in 2014 is below the 2013
projection. Under the management measures in this final rule, and
including anticipated in-river fishery impacts, spawning escapement for
SRFC is projected at 314,715. Projected abundance for KRFC in 2014 is
much lower than the very strong projections in 2012 and 2013. Under the
management measures in this final rule, and including anticipated in-
river fishery impacts, spawning escapement for KRFC is projected at
40,700.
The treaty-Indian commercial troll fishery quota for 2014 is 62,500
Chinook salmon in ocean management areas and Washington State
Statistical Area 4B combined. This quota is higher than the 52,500
Chinook salmon quota in 2013, 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
31,250 Chinook salmon, and an all-salmon season beginning July 1 with a
31,250 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 57,500 coho,
higher than in 2013.
The Council is recommending two new provisions for 2014 fisheries,
based on the recommendation of its Enforcement Consultants. In both the
commercial and recreational fisheries, the Council added a specific
prohibition on filleting salmon prior to landing. This prohibition will
assist with the enforcement of size limits, by allowing for the
determination of fish size before this is obscured by filleting. In the
commercial fishery, a new provision requires that landing receipts
report the number, weight, and species of salmon landed as well as the
number and weight of retained halibut caught incidental to salmon
fishing. This will allow for determination of whether salmon/halibut
ratios are being met.
Management Measures for 2015 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 2015 fishing seasons that open earlier than May 1. The Council
recommended, and NMFS concurs, that the commercial season off Oregon
from Cape Falcon to the Oregon/California border, the commercial season
off California from Horse Mountain to Point Arena, 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 2015 as indicated in the Season Description
section of this document. At the March 2015 meeting, the Council may
consider inseason recommendations to adjust the commercial and
recreational seasons prior to May 1 in the areas off Oregon and
California.
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 2014 management measures. Inseason closures in the commercial and
recreational fisheries are announced on the NMFS hotline and through
the U.S. Coast Guard (USCG) 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 2014 and, as specified,
for 2015.
Section 1. Commercial Management Measures for 2014 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 37,900 Chinook, no more than
12,200 of which may be caught in the area between the U.S./Canada
border and the Queets River. Seven days per week (C.1). All salmon
except coho (C.4, C.7). Chinook minimum size limit of 28 inches total
length (B, C.1). Vessels in possession of salmon north of the Queets
River may not cross the Queets River line without first notifying
Washington Department of Fish and Wildlife (WDFW) at 360-902-2739 with
area fished, total Chinook and halibut catch aboard, and destination.
Vessels in possession of salmon south of the Queets River may not cross
the Queets River line without first notifying WDFW at 360-902-2739 with
area fished, total Chinook and halibut catch aboard, and destination
(C.6). See compliance requirements (C.1) and gear restrictions and
definitions (C.2, C.3). When it is projected that 28,425 Chinook have
been landed overall, or 9,150 Chinook have been landed in the area
between the U.S./Canada border and the Queets River, inseason action
modifying the open period to five days per week and adding landing and
possession limits will be considered to ensure the guideline is not
exceeded. Cape Flattery, Mandatory Yelloweye Rockfish Conservation
Area, and Columbia Control Zones closed (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 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 email to
nfalcon.trollreport@state.or.us. Notification shall include vessel name
[[Page 24585]]
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.
July 1 through earlier of September 16 or attainment of the quota
of 19,000 Chinook (C.8), no more than 8,750 of which may be caught in
the area between the U.S./Canada border and the Queets River, or 35,200
marked coho, no more than 5,040 of which may be caught in the area
between the U.S./Canada border and the Queets River (C.8.d). July 1
through 8, then Friday through Tuesday, July 11 through August 19 with
a landing and possession limit for each open period of 60 Chinook and
40 marked coho per vessel per open period north of the Queets River or
60 Chinook and 60 marked coho per vessel per open period south of the
Queets River. From August 22 through September 16, the fishery will be
open Friday through Tuesday with a landing and possession limit of 20
Chinook and 50 marked coho per vessel per open period north of the
Queets River or 20 Chinook and 50 marked coho per vessel per open
period south of the Queets River (C.1). Vessels in possession of salmon
north of the Queets River may not cross the Queets River line without
first notifying WDFW at 360-902-2739 with area fished, total Chinook,
coho, and halibut catch aboard, and destination. Vessels in possession
of salmon south of the Queets River may not cross the Queets River line
without first notifying WDFW at 360-902-2739 with area fished, total
Chinook, coho, and halibut catch aboard, and destination (C.6). When it
is projected that 14,250 Chinook have been landed overall, or 6,560
Chinook have been landed in the area between the U.S/Canada border and
the Queets River, inseason action modifying the open period to five
days per week and adding landing and possession limits will be
considered to ensure the guideline is not exceeded. No earlier than
September 1, if at least 5,000 marked coho remain on the quota,
inseason action may be considered to allow non-selective coho retention
(C.8). All salmon except no chum retention north of Cape Alava,
Washington in August and September (C.7). Chinook minimum size limit of
28 inches total length (B, C.1). All coho must be marked except as
noted above (C.8.d). See compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3). Mandatory Yelloweye Rockfish
Conservation Area, Cape Flattery and Columbia Control Zones, and
beginning August 9, Grays Harbor Control Zone Closed (C.5). Vessels
must land and deliver their fish within 24 hours of any closure of this
fishery. Vessels fishing or in possession of salmon while fishing north
of Leadbetter Point must land and deliver their fish within the area
and north of Leadbetter Point. Vessels fishing or in possession of
salmon while fishing south of Leadbetter Point must land and deliver
their fish within the area and south of Leadbetter Point, except that
Oregon permitted vessels may also land their fish in Garibaldi, Oregon.
Under state law, vessels must report their catch on a state fish
receiving ticket. 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 email 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.
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
April 1 through July 31, August 6 through 29;
September 3 through October 31 (C.9.a).
Seven days per week. All salmon except coho except as listed below
for September non-selective coho incidental retention (C.4, C.7).
Chinook minimum size limit of 28 inches total length (B, C.1). All
vessels fishing in the area must land their fish in the State of Oregon
(C.6). 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.
Beginning September 3, no more than 65 Chinook per vessel per
landing week (Wednesday through Tuesday).
Non-selective incidental coho retention
September 3 through the earlier of the quota or September 30,
retention of coho will be limited to no more than one coho for each
landed Chinook with a landing week limit of no more than 20 coho per
vessel if sufficient quota is available for transfer from the Cape
Falcon to Humbug Mt. non-selective recreational fishery (C.8.b). Oregon
State regulations require all fishers landing coho salmon from this
season to notify ODFW within one hour of delivery or prior to transport
away from the port of landing by calling 541-867-0300 Ext. 252.
Notification shall include vessel name and number, number of salmon by
species, port of landing and location of delivery, and estimated time
of delivery.
In 2015, the season will open March 15, all salmon except coho.
Chinook minimum size limit of 28 inches total length. Gear restrictions
same as in 2014. This opening may be modified following Council review
at its March 2015 meeting.
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
April 1 through May 31;
June 15 through earlier of June 30, or a 1,500 Chinook quota;
July 1 through earlier of July 31, or a 500 Chinook quota;
August 6 through earlier of August 29, or a 500 Chinook quota;
September 12 through earlier of September 27, or a 500 Chinook
quota (C.9.a).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 28 inches total length (B, C.1). Prior to June 1,
all fish caught in this area must be landed and delivered in the State
of Oregon. June 15 through August 29 landing and possession limit of 30
Chinook per vessel per day. September 12 through 27 landing and
possession limit of 20 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 of this
fishery, and prior to fishing outside of this area. State regulations
require fishers intending to transport and deliver their catch to other
locations after first landing in one of these ports notify ODFW prior
to transport away from the port of landing by calling 541-867-0300 Ext.
252 or sending notification via email to KMZOR.trollreport@state.or.us,
with vessel name and number, number of salmon by species, location of
delivery, and estimated time of delivery (C.6). See compliance
requirements (C.1) and gear restrictions and definitions (C.2, C.3).
In 2015, the season will open March 15 for all salmon except coho,
with a 28-inch Chinook minimum size limit (C.1). Gear restrictions same
as in 2014. This opening could be modified following Council review at
its March 2015 meeting.
[[Page 24586]]
--Oregon/California Border to Humboldt South Jetty (California KMZ)
September 12 through earlier of September 30, or 4,000 Chinook
quota (C.9.b). Five days per week, Friday through Tuesday. All salmon
except coho (C.4, C.7). Chinook minimum size limit of 27 inches total
length (B, C.1). Landing and possession limit of 20 Chinook per vessel
per day (C.8.g). All fish caught in this area must be landed within the
area and within 24 hours of any closure of the fishery and prior to
fishing outside the area (C.10). 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 Oregon/California border and Humbug Mountain 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 (C.6).
--Humboldt South Jetty to Horse Mountain
Closed.
--Horse Mountain to Point Arena (Fort Bragg)
June 19 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length (B, C.1). All fish must be
landed in California and offloaded within 24 hours of the August 29
closure (C.6). When the California KMZ fishery is open, all fish caught
in the area must be landed south of Horse Mountain (C.6). During
September, all fish must be landed north of Point Arena (C.6). See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
In 2015, the season will open April 16 through 30 for all salmon
except coho, with a 27-inch Chinook minimum size limit and the same
gear restrictions as in 2014. All fish caught in the area must be
landed in the area. This opening could be modified following Council
review at its March 2015 meeting.
--Point Arena to Pigeon Point (San Francisco)
May 1 through 31;
June 1 through 30;
July 15 through 31;
August 1 through 29;
September 1 through 30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length prior to September 1, 26
inches thereafter (B, C.1). All fish must be landed in California and
offloaded within 24 hours of the August 29 closure (C.6). During
September, all fish must be landed south of Point Arena (C.6). See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
Point Reyes to Point San Pedro (Fall Area Target Zone)
October 1 through 3, 6 through 10, and 13 through 15.
All salmon except coho (C.4, C.7). Chinook minimum size limit of 26
inches total length (B, C.1). All fish caught in this area must be
landed between Point Arena and Pigeon Point (C.6). See compliance
requirements (C.1) and gear restrictions and definitions (C.2, C.3).
--Pigeon Point to U.S./Mexico Border (Monterey)
May 1 through 31;
June 1 through 30;
July 15 through 31;
August 1 through 13 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook
minimum size limit of 27 inches total length (B, C.1). All fish must be
landed in California and offloaded within 24 hours of August 29 (C.6).
See compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3).
California State regulations require that all salmon be made
available to a California Department of Fish and Wildlife (CDFW)
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 CDFW, 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 OR/CA Border..... 28.0 21.5 16.0 12.0 None.
OR/CA Border to Humboldt South 27.0 20.5 .............. .............. None.
Jetty..........................
Horse Mountain to Point Arena... 27.0 20.5 .............. .............. None.
Point Arena to U.S./Mexico
Border:
Prior to Sept. 1............ 27.0 20.5 .............. .............. None.
Sept. 1 to Oct. 15.......... 26.0 19.5 .............. .............. None.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 20.5 in=52.1 cm, 19.5
in=49.5 cm, 16.0 in=40.6 cm, and 12.0 in=30.5 cm.
C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance With Minimum Size or Other Special Restrictions
All salmon on board a vessel must meet the minimum size, landing/
possession limit, or other special requirements for the area being
fished and the area in which they are landed if the area is open or has
been closed less than 96 hours for that species of salmon. Salmon may
be landed in an area that has been closed for a species of salmon 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 not be filleted prior to landing.
Any person who is required by applicable state law to report a
salmon landing state law must include on the state landing receipt for
that landing both the number and weight of salmon landed by species.
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.
[[Page 24587]]
b. Cape Falcon, Oregon, to the Oregon/California border: No more
than 4 spreads are allowed per line.
c. Oregon/California 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 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
and/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. Vessel Operation in Closed Areas With Salmon on Board
a. Except as provided under C.4.b below, it is unlawful for a
vessel to have troll or recreational gear in the water while in 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.
b. When Genetic Stock Identification (GSI) samples will be
collected in an area closed to commercial salmon fishing, the
scientific research permit holder shall notify NOAA Office of Law
Enforcement, USCG, CDFW, and Oregon State Patrol at least 24 hours
prior to sampling and provide the following information: the vessel
name, date, location, and time collection activities will be done. Any
vessel collecting GSI samples in a closed area shall not possess any
salmon other than those from which GSI samples are being collected.
Salmon caught for collection of GSI samples must be immediately
released in good condition after collection of samples.
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]55'36'' 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. 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 USCG 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 USCG, vessels fishing south of the
Oregon/California border must notify CDFW within one hour of leaving
the management area by calling 800-889-8346 and providing the same
information as reported to the USCG. 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. When halibut are caught and landed incidental to commercial salmon
fishing by an IPHC license holder, any person who is required to report
the salmon landing by applicable state law must include on the state
landing receipt for that landing both the number of halibut landed, and
the total dressed, head-on weight of halibut landed, in pounds, as well
as the number and species of salmon landed.
License applications for incidental harvest must be obtained from
the International Pacific Halibut Commission (IPHC) (phone: 206-634-
1838). Applicants must apply prior to mid-March 2015 for 2015 permits
(exact date to be set by the IPHC in early 2015). Incidental harvest is
authorized only during April, May, and June of the 2014 troll seasons
and after June 30 in 2014 if quota remains and if announced on the NMFS
hotline (phone: 1-800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW
will monitor landings. If the landings are projected to exceed the
29,671 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.
May 1, 2014, through December 31, 2014, and April 1-30, 2015,
license holders may land or possess no more than one Pacific halibut
per each four Chinook, except one Pacific halibut may be possessed or
landed without meeting the ratio requirement, and no more than 12
halibut may be possessed or landed per trip. Pacific halibut retained
must be no less than 32 inches in total length (with head on).
Incidental Pacific halibut catch regulations in the commercial
salmon
[[Page 24588]]
troll fishery adopted for 2014, prior to any 2014 inseason action, will
be in effect when incidental Pacific halibut retention opens on April
1, 2015, unless otherwise modified by inseason action at the March 2015
Council meeting.
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 Pacific coast
groundfish regulations (50 CFR 660.70(a)) in the North Coast subarea
(Washington marine area 3), with the following coordinates in the order
listed:
48[deg]18' N. lat.; 125[deg]18' W. long.;
48[deg]18' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 125[deg]18' W. long.;
and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.
C.8. Inseason Management
In addition to standard inseason actions or modifications already
noted under the season description, the following inseason guidance
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, if the
transfer would not result in exceeding preseason impact expectations on
any stocks.
b. If at least 35,000 coho are available for the recreational non-
selective coho salmon season quota between Cape Falcon and Humbug
Mountain (combined initial quota and impact neutral rollover from the
recreational selective coho fishery between Cape Falcon and the Oregon/
California Border) consideration will be made to transfer a portion of
the remaining coho that are in excess of those needed to meet the
recreational objectives to the commercial troll season between Cape
Falcon and Humbug Mountain. Landing week limits and coho per Chinook
ratios may be adjusted inseason.
c. 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 if the transfer would not result
in exceeding preseason impact expectations on any stocks.
d. NMFS may transfer fish between the recreational and commercial
fisheries north of Cape Falcon if there is agreement among the areas'
representatives on the Salmon Advisory Subpanel (SAS), and if the
transfer would not result in exceeding the preseason impact
expectations on any stocks.
e. At the March 2015 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2014).
f. If retention of unmarked coho is permitted by inseason action,
the allowable coho quota will be adjusted to ensure preseason projected
impacts on all stocks are 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 Fish and Game 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 2014 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 Queets River
May 16 through 17, May 23 through 24, and May 31 through June 13 or
a coastwide marked Chinook quota of 9,000 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose fin clip (C.1). Chinook
24-inch total length minimum size limit (B). See gear restrictions and
definitions (C.2, C.3). Inseason management may be used to sustain
season length and keep harvest within the overall Chinook recreational
TAC for north of Cape Falcon (C.5).
--Queets River to Leadbetter Point
May 31 through earlier of June 13 or a coastwide marked Chinook
quota of 9,000 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose fin clip (C.1). Chinook
24-inch total length minimum size limit (B). See gear restrictions and
definitions (C.2, C.3). Inseason management may be used to sustain
season length and keep harvest within the overall Chinook recreational
TAC for north of Cape Falcon (C.5).
--Leadbetter Point to Cape Falcon
May 31 through earlier of June 13 or a coastwide marked Chinook
quota of 9,000 (C.5).
Seven days per week. Two fish per day, all salmon except coho, all
Chinook must be marked with a healed adipose fin clip (C.1). Chinook
24-inch total length minimum size limit (B). See gear restrictions and
definitions (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 14 through earlier of September 21 or 19,220 marked coho
subarea quota with a subarea guideline of 7,000 Chinook (C.5).
Seven days per week. All salmon except no chum beginning August 1;
two fish per day. All coho must be marked with a healed adipose fin
clip (B, C.1). Beginning August 1, Chinook non-retention east of the
Bonilla-Tatoosh line (C.4.a) during Council managed ocean fishery. See
gear restrictions and definitions (C.2, C.3). Inseason management may
be used to sustain season length and keep harvest within the overall
Chinook and coho recreational TACs for north of Cape Falcon (C.5).
--Cape Alava to Queets River (La Push Subarea)
June 14 through earlier of September 21 or 4,750 marked coho
subarea quota with a subarea guideline of 2,350 Chinook (C.5).
September 27 through earlier of October 12 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. All coho must be
marked
[[Page 24589]]
with a healed adipose fin clip (B, C.1). See gear restrictions (C.2,
C.3). 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 14 through earlier of September 30 or 68,380 marked coho
subarea quota with a subarea guideline of 27,600 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 with a healed
adipose fin clip (B, C.1). See gear restrictions and definitions (C.2,
C.3). Grays Harbor Control Zone closed beginning August 11 (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 14 through earlier of September 30 or 92,400 marked coho
subarea quota with a subarea guideline of 13,100 Chinook (C.5).
Seven days per week. All salmon; two fish per day, no more than one
of which can be a Chinook (B, C.1). All coho must be marked with a
healed adipose fin clip (C.1). See gear restrictions and definitions
(C.2, C.3). Columbia Control Zone closed (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).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
March 15 through October 31 (C.6), except as provided below during
the all-salmon mark-selective and non-mark-selective coho fisheries.
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).
Non-mark-selective coho fishery: August 30 through the
earlier of September 30 or a landed catch of 20,000 non-mark-selective
coho quota (C.5).
All salmon, two fish per day (C.5).
The all salmon except coho season reopens the earlier of October 1
or attainment of the coho quota (C.5).
In 2015, 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).
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 or
206-526-6667 for specific dates) (C.3.b, C.4.d).
--Cape Falcon to Oregon/California Border
All-salmon mark-selective coho fishery: June 21 through earlier of
August 10 or a landed catch of 80,000 marked coho.
Seven days per week. All salmon, two fish per day. All retained
coho must be marked with a healed adipose fin clip (C.1). Chinook
minimum size limit of 24 inches total length (B). See gear restrictions
and definitions (C.2, C.3). Any remainder of the mark-selective coho
quota will be transferred on an impact neutral basis to the September
non-selective coho quota from Cape Falcon to Humbug Mountain (C.5). The
all salmon except coho season reopens the earlier of August 11 or
attainment of the 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 or
206-526-6667 for specific dates) (C.3.b, C.4.d).
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
May 10 through September 7, except as provided above during the
all-salmon mark-selective coho fishery (C.6).
All salmon except coho, except as noted above in the all-salmon
mark-selective coho fishery. Seven days per week, 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 10 through September 7 (C.6).
Seven days per week. All salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 24 inches total length (B). See
gear restrictions and definitions (C.2, C.3). Klamath Control Zone
closed in August (C.4.e). See California State regulations for
additional closures adjacent to the Smith, Eel, and Klamath Rivers.
--Horse Mountain to Point Arena (Fort Bragg)
April 5 through November 9.
Seven days per week. All salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 20 inches total length (B). See
gear restrictions and definitions (C.2, C.3).
In 2015, season opens April 4 for all salmon except coho, two fish
per day (C.1). Chinook minimum size limit of 20 inches total length
(B); and the same gear restrictions as in 2014 (C.2, C.3).
--Point Arena to Pigeon Point (San Francisco)
April 5 through November 9.
Open seven days per week. All salmon except coho, two fish per day
(C.1). Chinook minimum size limit of 24 inches total length through
June 30; 20 inches thereafter (B). See gear restrictions and
definitions (C.2, C.3).
In 2015, season opens April 4 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 2014 (C.2, C.3).
--Pigeon Point to U.S./Mexico Border (Monterey)
April 5 through October 5.
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 2015, season opens April 4 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 2014 (C.2, C.3). This opening
could be modified following Council review at its March 2015 meeting.
California State regulations require that all salmon be made
available to a CDFW 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 CDFW, 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 Humbug Mountain.................................. 24.0 16.0 None
Humbug Mt. to OR/CA Border...................................... 24.0 16.0 None
[[Page 24590]]
OR/CA Border to Horse Mountain.................................. 20.0 .............. 24.0
Horse Mountain to Point Arena................................... 20.0 .............. 20.0
Point Arena to Pigeon Point:
April 5 to June 30.......................................... 24.0 .............. 24.0
June 30 to November 9....................................... 20.0 .............. 20.0
Pigeon Point to U.S./Mexico Border.............................. 24.0 .............. 24.0
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, and 16.0in=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. Salmon may not be
filleted prior to landing.
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 Chinook and coho salmon for all
licensed and juvenile anglers aboard have 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 Mountain, 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: Off Oregon and Washington,
angling tackle consists of a single line that 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]24'37'' N. lat., 124[deg]44'37'' W. long.), then in a straight
line to Bonilla Point (48[deg]35'39'' N. lat., 124[deg]42'58'' 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]55'36'' 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
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 applies:
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 to help meet the recreational season duration
objectives (for each subarea) after conferring with
[[Page 24591]]
representatives of the affected ports and the Council's SAS
recreational representatives north of Cape Falcon, and if the transfer
would not result in exceeding preseason impact expectations on any
stocks.
c. Chinook and coho may be transferred between the recreational and
commercial fisheries north of Cape Falcon if there is agreement among
the representatives of the SAS, and if the transfer would not result in
exceeding preseason impact expectations on any stocks.
d. Fishery managers may consider inseason action modifying
regulations restricting retention of unmarked coho. To remain
consistent with preseason expectations, any inseason action shall
consider, if significant, the difference between observed and preseason
forecasted mark rates. Such a consideration may also include a change
in bag limit of two salmon, no more than one of which may be a coho.
e. Marked coho remaining from the Cape Falcon to Oregon/California
border recreational mark-selective coho quota may be transferred
inseason to the Cape Falcon to Humbug Mountain non-mark-selective
recreational fishery if the transfer would not result in exceeding
preseason impact expectations on any stocks.
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 2014 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
May 1 through the earlier of June 30 or 31,250 Chinook quota. All
salmon except coho. If the Chinook quota is exceeded, the excess will
be deducted from the later all-salmon season (C.5). See size limit (B)
and other restrictions (C).
July 1 through the earlier of September 15, or 31,250 preseason
Chinook quota (C.5), or 57,500 coho quota. All salmon. See size limit
(B) and other restrictions (C).
B. Minimum Size (Inches)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total Head-off Total Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon............ 24.0 18.0 16.0 12.0 None.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in=61.0 cm, 18.0 in=45.7 cm, 16.0in=40.6 cm, and 12.0 in=30.5 cm.
C. Special Requirements, Restrictions, and Exceptions
C.1. Tribe and Area Boundaries
All boundaries may be changed to include such other areas as may
hereafter be authorized by a Federal court for that tribe's treaty
fishery.
S'KLALLAM--Washington State Statistical Area 4B (All).
MAKAH--Washington State Statistical Area 4B and that portion of the
FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of
125[deg]44'00'' W. long.
QUILEUTE--That portion of the FMA between 48[deg]07'36'' N. lat.
(Sand Point) and 47[deg]31'42'' N. lat. (Queets River) and east of
125[deg]44'00'' W. long.
HOH--That portion of the FMA between 47[deg]54'18'' N. lat.
(Quillayute River) and 47[deg]21'00'' N. lat. (Quinault River) and east
of 125[deg]44'00'' W. long.
QUINAULT--That portion of the FMA between 47[deg]40'06'' N. lat.
(Destruction Island) and 46[deg]53'18'' N. lat. (Point Chehalis) and
east of 125[deg]44'00'' W. long.
C.2. Gear Restrictions
a. Single point, single shank, barbless hooks are required in all
fisheries.
b. No more than eight fixed lines per boat.
c. No more than four hand held lines per person in the Makah area
fishery (Washington State Statistical Area 4B and that portion of the
FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of
125[deg]44'00'' W. long.).
C.3. Quotas
a. The quotas include troll catches by the S'Klallam and Makah
tribes in Washington State Statistical Area 4B from May 1 through
September 15.
b. The Quileute Tribe will continue a ceremonial and subsistence
fishery during the time frame of September 15 through October 15 in the
same manner as in 2004 through 2013. Fish taken during this fishery are
to be counted against treaty troll quotas established for the 2014
season (estimated harvest during the October ceremonial and subsistence
fishery: 100 Chinook; 200 coho).
C.4. Area Closures
a. The area within a six nautical mile radius of the mouths of the
Queets River (47[deg]31'42'' N. lat.) and the Hoh River (47[deg]45'12''
N. lat.) will be closed to commercial fishing.
b. A closure within two nautical miles of the mouth of the Quinault
River (47[deg]21'00'' N. lat.) may be enacted by the Quinault Nation
and/or the State of Washington and will not adversely affect the
Secretary of Commerce's management regime.
C.5. 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 treaty-Indian ocean
troll harvest guideline north of Cape Falcon may be transferred to the
July through September harvest guideline on a fishery impact equivalent
basis.
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 April 4, 2014, NMFS published
a final rule (79 FR 18827) to implement the IPHC's recommendations, to
announce fishery regulations for U.S. waters off Alaska and fishery
regulations for treaty commercial and ceremonial and subsistence
fisheries, some regulations for non-treaty commercial fisheries for
U.S. waters off the West Coast, and approval of and implementation of
the Area 2A Pacific halibut Catch Sharing Plan and the Area 2A
management measures for 2014. 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
[[Page 24592]]
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 (IPHC)
(phone: 206-634-1838).
License applications for incidental harvest must be obtained from
the International Pacific Halibut Commission (IPHC) (phone: 206-634-
1838). Applicants must apply prior to mid-March 2015 for 2015 permits
(exact date to be set by the IPHC in early 2015). Incidental harvest is
authorized only during April, May, and June of the 2014 troll seasons
and after June 30 in 2014 if quota remains and if announced on the NMFS
hotline (phone: 1-800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW
will monitor landings. If the landings are projected to exceed the
29,671-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.
May 1, 2014, through December 31, 2014, and April 1-30, 2015,
license holders may land or possess no more than one Pacific halibut
per each four Chinook, except one Pacific halibut may be possessed or
landed without meeting the ratio requirement, and no more than 12
halibut may be possessed or landed per trip. Pacific halibut retained
must be no less than 32 inches in total length (with head on).
Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2014, prior to any 2014 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2015, unless otherwise modified by inseason action at
the March 2015 Council meeting.
NMFS and the Council request that salmon trollers voluntarily avoid
a ``C-shaped'' YRCA (also known as the Salmon Troll YRCA) in order to
protect yelloweye rockfish. Coordinates for the Salmon Troll YRCA are
defined at 50 CFR 660.70(a) in the North Coast subarea (Washington
marine area 3). 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...................... 48[deg]23'00'' N. lat.
Cape Alava, WA......................... 48[deg]10'00'' N. lat.
Queets River, WA....................... 47[deg]31'42'' N. lat.
Leadbetter Point, WA................... 46[deg]38'10'' N. lat.
Cape Falcon, OR........................ 45[deg]46'00'' N. lat.
Florence South Jetty, OR............... 44[deg]00'54'' N. lat.
Humbug Mountain, OR.................... 42[deg]40'30'' N. lat.
Oregon-California Border............... 42[deg]00'00'' N. lat.
Humboldt South Jetty, CA............... 40[deg]45'53'' N. lat.
Horse Mountain, CA..................... 40[deg]05'00'' N. lat.
Point Arena, CA........................ 38[deg]57'30'' N. lat.
Point Reyes, CA........................ 37[deg]59'44'' N. lat.
Point San Pedro, CA.................... 37[deg]35'40'' N. lat.
Pigeon Point, CA....................... 37[deg]11'00'' N. lat.
Point Sur, CA.......................... 36[deg]18'00'' N. lat.
Point Conception, CA................... 34[deg]27'00'' N. lat.
Section 6. Inseason Notice Procedures
Actual notice of inseason management actions will be provided by a
telephone hotline administered by the West Coast Region, NMFS, 1-800-
662-9825 or 206-526-6667, and by USCG 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 of
Pacific coast salmon stocks and is consistent with the Magnuson-Stevens
Act and other applicable law. 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.
The Assistant Administrator for Fisheries finds good cause under 5
U.S.C. 553(b)(3)(B), to waive the requirement for prior notice and
opportunity for public comment, as such procedures are impracticable
and contrary to the public interest.
The annual salmon management cycle begins May 1 and continues
through April 30 of the following year. May 1 was chosen because the
pre-May harvests constitute a relatively small portion of the annual
catch. The time frame of the preseason process for determining the
annual modifications to ocean salmon fishery management measures
depends on when the pertinent biological data are available. Salmon
stocks are managed to meet annual spawning escapement goals or specific
exploitation rates. Achieving either of these objectives requires
designing management measures that are appropriate for the ocean
abundance predicted for that year. These pre-season abundance
forecasts, which are derived from the previous year's observed spawning
escapement, vary substantially from year to year, and are not available
until January or 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 culminating with the April Council meeting at
which the Council adopts a recommendation that is forwarded to NMFS for
review, approval, and implementation of fishing regulations effective
on May 1.
Providing opportunity for prior notice and public comments on the
Council's recommended measures through a proposed and final rulemaking
process
[[Page 24593]]
would require 30 to 60 days in addition to the 2-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
benefit of information regarding current stock status. For the 2014
fishing regulations, the current stock status was not available to the
Council until February. Because a substantial amount of fishing occurs
during May and June, managing the fishery with measures developed using
the prior year's data could have significant adverse effects on the
managed stocks, including ESA-listed 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 2013). 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, 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 2013 management
measures will continue to apply in most areas. This would result in
excessive impacts to some salmon stocks, including KRFC and ESA-listed
California Coastal Chinook salmon.
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.
In addition, public comment is received and considered by the
Council and NMFS throughout the process of developing these management
measures. As described above, the Council takes comment at its March
and April meetings, and hears summaries of comments received at public
meetings held between the March and April meetings in each of the
coastal states. NMFS also invited comments in a notice published prior
to the March Council meeting, and considered comments received by the
Council through its representative on the Council. Thus, these measures
were developed with significant public input.
Based upon the above-described 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)(3)(B).
The Assistant Administrator for Fisheries 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 are 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. Delaying the effectiveness of these measures by 30
days 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 and the
requirements of the Magnuson-Stevens Act.
To enhance the fishing industry's notification of these new
measures, and to minimize the burden on the regulated community
required to comply with the new regulations, NMFS is announcing the new
measures over the telephone hotline used for inseason management
actions and is posting the regulations on its West Coast Region Web
site (https://www.westcoast.fisheries.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-of-information requirements subject
to the Paperwork Reduction Act (PRA), and which have been approved by
the Office of Management and Budget (OMB) under control number 0648-
0433. The public reporting burden for providing notifications if
landing area restrictions cannot be met is estimated to average 15
minutes per response. This estimate includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by
email 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 4, 2014.
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 2014 are
consistent with the biological opinions that found no jeopardy, and
with the reasonable and prudent alternatives in the jeopardy biological
opinions. 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 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 jeopardize SRKW. The 2014 salmon management measures are
consistent with the terms of that biological opinion.
This final rule was developed after meaningful consultation and
collaboration with the affected tribes. The tribal representative on
the Council made the motion for the regulations that apply to the
tribal fisheries.
[[Page 24594]]
Authority: 16 U.S.C. 773-773k; 1801 et seq.
Dated: April 28, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-10068 Filed 4-30-14; 8:45 am]
BILLING CODE 3510-22-P