Fisheries Off West Coast States; West Coast Salmon Fisheries; 2014 Management Measures, 24580-24594 [2014-10068]

Download as PDF 24580 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations antennas are used exclusively for fixed, point-to-point operations. tkelley on DSK3SPTVN1PROD with RULES Note to paragraph (a)(3): The Commission strongly recommends that parties employing U–NII devices to provide critical communications services should determine if there are any nearby Government radar systems that could affect their operation. (4) The maximum conducted output power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. (5) The maximum power spectral density is measured as a conducted emission by direct connection of a calibrated test instrument to the equipment under test. If the device cannot be connected directly, alternative techniques acceptable to the Commission may be used. Measurements in the 5.725–5.85 GHz band are made over a reference bandwidth of 500 kHz or the 26 dB emission bandwidth of the device, whichever is less. Measurements in the 5.15–5.25 GHz, 5.25–5.35 GHz, and the 5.47–5.725 GHz bands are made over a bandwidth of 1 MHz or the 26 dB emission bandwidth of the device, whichever is less. A narrower resolution bandwidth can be used, provided that the measured power is integrated over the full reference bandwidth. (b) Undesirable emission limits. Except as shown in paragraph (b)(7) of this section, the maximum emissions outside of the frequency bands of operation shall be attenuated in accordance with the following limits: (1) For transmitters operating in the 5.15–5.25 GHz band: All emissions outside of the 5.15–5.35 GHz band shall not exceed an e.i.r.p. of ¥27 dBm/MHz. (2) For transmitters operating in the 5.25–5.35 GHz band: All emissions outside of the 5.15–5.35 GHz band shall not exceed an e.i.r.p. of ¥27 dBm/MHz. (3) For transmitters operating in the 5.47–5.725 GHz band: All emissions outside of the 5.47–5.725 GHz band shall not exceed an e.i.r.p. of ¥27 dBm/ MHz. (4) For transmitters operating in the 5.725–5.85 GHz band: All emissions within the frequency range from the band edge to 10 MHz above or below the band edge shall not exceed an e.i.r.p. of ¥17 dBm/MHz; for frequencies 10 MHz or greater above or below the band edge, emissions shall not exceed an e.i.r.p. of ¥27 dBm/MHz. * * * * * (8) When measuring the emission limits, the nominal carrier frequency shall be adjusted as close to the upper VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 and lower frequency band edges as the design of the equipment permits. * * * * * (e) Within the 5.725–5.85 GHz band, the minimum 6 dB bandwidth of U–NII devices shall be at least 500 kHz. * * * * * (h) * * * (2) Radar Detection Function of Dynamic Frequency Selection (DFS). U– NII devices operating with any part of its 26 dB emission bandwidth in the 5.25–5.35 GHz and 5.47–5.725 GHz bands shall employ a DFS radar detection mechanism to detect the presence of radar systems and to avoid co-channel operation with radar systems. Operators shall only use equipment with a DFS mechanism that is turned on when operating in these bands. The device must sense for radar signals at 100 percent of its emission bandwidth. The minimum DFS detection threshold for devices with a maximum e.i.r.p. of 200 mW to 1 W is ¥64 dBm. For devices that operate with less than 200 mW e.i.r.p. and a Power Spectral Density of less than 10 dBm in a 1 MHz band, the minimum detection threshold is ¥62 dBm. The detection threshold is the received power averaged over 1 microsecond referenced to a 0 dBi antenna. For the initial channel setting, the manufacturers shall be permitted to provide for either random channel selection or manual channel selection. * * * * * (i) Device Security. All U–NII devices must contain security features to protect against modification of software by unauthorized parties. (1) Manufacturers must implement security features in any digitally modulated devices capable of operating in any of the U–NII bands, so that third parties are not able to reprogram the device to operate outside the parameters for which the device was certified. The software must prevent the user from operating the transmitter with operating frequencies, output power, modulation types or other radio frequency parameters outside those that were approved for the device. Manufacturers may use means including, but not limited to the use of a private network that allows only authenticated users to download software, electronic signatures in software or coding in hardware that is decoded by software to verify that new software can be legally loaded into a device to meet these requirements and must describe the methods in their application for equipment authorization. (2) Manufacturers must take steps to ensure that DFS functionality cannot be PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 disabled by the operator of the U–NII device. (j) Operator Filing Requirement: Before deploying an aggregate total of more than one thousand outdoor access points within the 5.15–5.25 GHz band, parties must submit a letter to the Commission acknowledging that, should harmful interference to licensed services in this band occur, they will be required to take corrective action. Corrective actions may include reducing power, turning off devices, changing frequency bands, and/or further reducing power radiated in the vertical direction. This material shall be submitted to Laboratory Division, Office of Engineering and Technology, Federal Communications Commission, 7435 Oakland Mills Road, Columbia, MD 21046. Attn: U–NII Coordination, or via Web site at https://www.fcc.gov/labhelp with the SUBJECT LINE: ‘‘U–NII–1 Filing’’. [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: E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 24581 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). E:\FR\FM\01MYR1.SGM 01MYR1 24582 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 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. E:\FR\FM\01MYR1.SGM 01MYR1 tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 24583 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 E:\FR\FM\01MYR1.SGM 01MYR1 tkelley on DSK3SPTVN1PROD with RULES 24584 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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 VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01MYR1.SGM 01MYR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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 VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 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. E:\FR\FM\01MYR1.SGM 01MYR1 24586 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations —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 tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 19:07 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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. E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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. tkelley on DSK3SPTVN1PROD with RULES 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. VerDate Mar<15>2010 19:07 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 24587 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 E:\FR\FM\01MYR1.SGM 01MYR1 24588 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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’ VerDate Mar<15>2010 16:24 Apr 30, 2014 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 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\01MYR1.SGM 01MYR1 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 .................................................................................................... VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 24589 E:\FR\FM\01MYR1.SGM 24.0 24.0 24.0 01MYR1 Coho Pink 16.0 16.0 16.0 None None None 24590 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. VerDate Mar<15>2010 16:24 Apr 30, 2014 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.); PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01MYR1.SGM 01MYR1 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. tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 19:07 Apr 30, 2014 Jkt 232001 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 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01MYR1.SGM 01MYR1 tkelley on DSK3SPTVN1PROD with RULES 24592 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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 VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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. PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01MYR1.SGM 01MYR1 tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 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 Frm 00067 Fmt 4700 Sfmt 4700 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. E:\FR\FM\01MYR1.SGM 01MYR1 24594 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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] tkelley on DSK3SPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 16:24 Apr 30, 2014 Jkt 232001 PO 00000 Frm 00068 Fmt 4700 Sfmt 9990 E:\FR\FM\01MYR1.SGM 01MYR1

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]


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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.

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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
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