Fisheries Off West Coast States; West Coast Salmon Fisheries; 2015 Management Measures, 25611-25625 [2015-10421]
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
and appropriate to carry out ICCAT
recommendations, and the regulations
as finalized appropriately carry out
ICCAT recommendations regarding the
North Atlantic swordfish stock while
meeting NMFS’s legal obligations and
management needs.
In the future, when negotiating
swordfish recommendations at ICCAT,
the United States will consider the state
of the domestic fishery at that time to
balance the needs of both U.S.
fishermen and the environment.
Comment 4: The U.S. fisheries are not
harvesting part of its swordfish quota
due to domestic regulations such as the
time/area closures for pelagic longline
gear. NMFS should reopen these areas
to fishermen who are using circle hooks
and following best practices. NMFS
should reinstate the 33 pound minimum
size for Atlantic swordfish.
Response: This rule addresses quota
specifications only; time/area closures
and other management measure are
beyond the scope of this action.
The final rule contains no changes
from the proposed rule, except for
minor landings updates based on more
recent 2014 landings reports.
rljohnson on DSK3VPTVN1PROD with RULES
Classification
Pursuant to the Magnuson-Stevens
Act, the NMFS Assistant Administrator
has determined that the final rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, the Atlantic Tunas Convention Act,
and other applicable law.
This final action is exempt from the
procedures of E.O. 12866 because this
action contains no implementing
regulations.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
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[FR Doc. 2015–10465 Filed 5–4–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 150316270–5270–01]
RIN 0648–XD843
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2015
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Through this final rule NMFS
establishes fishery management
measures for the 2015 ocean salmon
fisheries off Washington, Oregon, and
California and the 2016 salmon seasons
opening earlier than May 1, 2016.
Specific fishery management measures
vary by fishery and by area. The
measures establish fishing areas,
seasons, quotas, legal gear, recreational
fishing days and catch limits,
possession and landing restrictions, and
minimum lengths for salmon taken in
the U.S. exclusive economic zone (EEZ)
(3–200 NM) off Washington, Oregon,
and California. The management
measures are intended to prevent
overfishing and to apportion the ocean
harvest equitably among treaty Indian,
non-treaty commercial, and recreational
fisheries. The measures are also
intended to allow a portion of the
salmon runs to escape the ocean
fisheries in order to provide for
spawning escapement and 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 2015 ocean salmon
management measures.
DATES: This final rule is effective from
0001 hours Pacific Daylight Time, May
1, 2015, until the effective date of the
2016 management measures, as
published in the Federal Register.
ADDRESSES: Copies of the documents
cited in this document are available
from Dr. Donald O. McIsaac, Executive
SUMMARY:
Changes From the Proposed Rule
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Dated: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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Director, Pacific Fishery Management
Council, 7700 NE Ambassador Place,
Suite 101, Portland, OR 97220–1384,
and are posted on the Pacific Fishery
Management Council’s (Council’s) Web
site (www.pcouncil.org).
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
2015 and pre-May 2016 ocean salmon
fisheries that are implemented in this
final rule were recommended by the
Council at its April 10 to 16, 2015,
meeting.
Process Used To Establish 2015
Management Measures
The Council announced its annual
preseason management process for the
2015 ocean salmon fisheries in the
Federal Register on December 31, 2014
(79 FR 78805), and on the Council’s
Web site at (www.pcouncil.org). NMFS
published an additional notice of
opportunities to submit public
comments on the 2015 ocean salmon
fisheries in the Federal Register on
January 28, 2015 (80 FR 4547). 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
2015 ocean salmon fisheries. The
agendas for the March and April
Council meetings were published in the
Federal Register (80 FR 8628, February
18, 2015 and 80 FR 15752, March 25,
2015, 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
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advisors, and the public upon their
completion. The first of the reports,
‘‘Review of 2014 Ocean Salmon
Fisheries,’’ was prepared in February
when the scientific information
necessary for crafting management
measures for the 2015 and pre-May 2016
ocean salmon fisheries first became
available. The first report summarizes
biological and socio-economic data for
the 2014 ocean salmon fisheries and
assesses how well the Council’s 2014
management objectives were met. The
second report, ‘‘Preseason Report I
Stock Abundance Analysis and
Environmental Assessment Part 1 for
2015 Ocean Salmon Fishery
Regulations’’ (PRE I), provides the 2015
salmon stock abundance projections and
analyzes the impacts on the stocks and
Council management goals if the 2014
regulations and regulatory procedures
were applied to the projected 2015 stock
abundances. The completion of PRE I is
the initial step in evaluating the full
suite of preseason alternatives.
Following completion of the first two
reports, the Council met in Vancouver,
WA from March 6 to 12, 2015, to
develop 2015 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 2015 Ocean
Salmon Fishery Regulations’’ (PRE II),
which analyzes the effects of the
proposed 2015 management
alternatives.
Public hearings, sponsored by the
Council, to receive testimony on the
proposed alternatives were held on
March 30, 2015, in Westport, WA and
Coos Bay, OR; and on March 31, 2015,
in Fort Bragg, 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 10 to 16,
2015, in Rohnert Park, CA to adopt its
final 2015 salmon management
recommendations. Following the April
Council meeting, the Council’s STT and
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staff economist prepared a fourth report,
‘‘Preseason Report III Analysis of
Council-Adopted Management
Measures for 2015 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
transmitted the recommended
management measures to NMFS,
published them 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).
Resource Status
Stocks of Concern
The need to meet Endangered Species
Act (ESA) consultation requirements
and obligations of the Pacific Salmon
Treaty (PST) between the U.S. and
Canada for several stocks will shape
salmon fisheries in 2015, and four
stocks will constrain fishing in 2015.
Fisheries south of Cape Falcon, OR
are limited in 2015 primarily by the
status of ESA-listed Sacramento River
winter Chinook salmon (SRWC) and
California Coastal Chinook salmon
(CCC). Fisheries north of Cape Falcon
are limited primarily by the status of
ESA-listed Lower Columbia River (LCR)
Chinook salmon, and Puget Sound
Chinook salmon, and by Queets River
coho, which are not ESA-listed. Also
limiting on fisheries north of Cape
Falcon are Thompson River coho from
Canada, which are managed according
to the PST. Not limiting in 2015, but
worth mentioning is ESA-listed Lower
Columbia River natural coho (LCR coho)
for which NMFS issued a new biological
opinion in 2015. At the start of the
preseason planning process for the 2015
management season, NMFS provided a
letter to the Council, dated March 3,
2015, summarizing limits to impacts on
ESA-listed species for 2015, based on
existing biological opinions and 2015
abundance information, 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
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management measures for 2015 were
designed to avoid exceeding these
limitations.
Sacramento River winter Chinook
salmon (SRWC): In 2010, NMFS
consulted under ESA section 7 and
provided guidance to the Council
regarding the effects of Council area
fisheries on SRWC, ESA-listed as
endangered. NMFS completed a
biological opinion that includes a
reasonable and prudent alternative
(RPA) to avoid jeopardizing the
continued existence of this
evolutionarily significant unit (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
(ABM) framework. In 2012, NMFS
implemented this ABM framework
which supplements the above
management restrictions with maximum
allowable impact rates that apply when
abundance is low, based on the threeyear geometric mean spawning
escapement of SRWC. Using the
methodology specified in the ABM
framework, the age-3 impact rate on
SRWC in 2015 fisheries south of Point
Arena recommended by NMFS would
be limited to a maximum of 19.0
percent. Conservation measures for
SRWC will constrain 2015 salmon
fisheries south of Cape Falcon.
California Coastal Chinook salmon
(CCC): 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. Conservation measures
for CCC will constrain 2015 salmon
fisheries south of Cape Falcon.
Lower Columbia River Chinook
salmon (LCR Chinook): In 2012, NMFS
consulted under ESA section 7 and
issued 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
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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 ABM
framework to set annual exploitation
rates for LCR tule Chinook salmon
below Bonneville Dam. Applying the
ABM framework to the 2015 preseason
abundance forecast, the LCR tule
exploitation rate is limited to a
maximum of 41 percent. In 2015, LCR
Chinook will not constrain salmon
fisheries.
Lower Columbia River natural coho
(LCR coho): In 2015, 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 analyzed the use of
a harvest matrix to manage impacts to
LCR coho. Under the matrix the
allowable harvest in a given year
depends on indicators of marine
survival and parental escapement to
spawning. In 2015, the marine survival
indicator is in the ‘‘high’’ category,
while parental escapement is in the
‘‘normal’’ category. Under these
circumstances, ocean salmon fisheries
under the Council’s jurisdiction in 2015,
and commercial and recreational
salmon fisheries in the mainstem
Columbia River below Bonneville Dam,
including select area fisheries (e.g.,
Youngs Bay), must be managed subject
to a total exploitation rate limit on LCR
coho not to exceed 23 percent. In 2015,
LCR coho will not constrain salmon
fisheries.
Thompson River coho: 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.
Meeting PST and Salmon FMP
conservation requirements for
Thompson River coho will constrain
2015 salmon fisheries north of Cape
Falcon.
Puget Sound Chinook salmon:
Impacts on threatened Puget Sound
Chinook from Council-managed
fisheries are addressed through a 2004
biological opinion. Generally, these
impacts are quite low and well within
the range contemplated in the 2004
opinion. However, because Puget Sound
Chinook are also impacted by fisheries
in Puget Sound and associated
freshwater fisheries (collectively
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referred to as ‘‘inside’’ fisheries), the
Council and NMFS consider the impacts
of Council-area and inside fisheries on
Puget Sound Chinook together. The
State of Washington and Indian tribes
with treaty rights to fish for salmon in
Puget Sound have previously agreed on
conservation objectives for each stock of
salmon included in the Puget Sound
Chinook ESU, and NMFS has
determined in biological opinions
covering Puget Sound fisheries in recent
years that fisheries with impacts that do
not exceed these conservation objectives
are not likely to jeopardize the
continued existence of the ESU. For
purposes of determining whether the
requirements of the ESA are met for
Puget Sound Chinook, the Council and
NMFS consider whether the proposed
Council-area fisheries, taken together
with Puget Sound and freshwater
fisheries, will result in exceeding the
conservation objectives for each stock
within the ESU. The conservation
objectives are described in NMFS’
March 3, 2015 letter to the Council
outlining the ESA requirements for
2015. In 2015, Puget Sound Chinook
salmon will constrain salmon fisheries
north of Cape Falcon, to provide
sufficient escapement to support inside
fisheries.
Queets River coho: Queets River coho
are not ESA-listed, but are important to
in-river tribal fisheries on the
Washington coast. Queets River coho
are forecast to be less abundant in 2015
than in 2014. In 2015, Queets River
coho will constrain salmon fisheries
north of Cape Falcon, to provide
sufficient escapement to support inriver tribal fisheries.
Annual Catch Limits and Status
Determination Criteria
Annual Catch Limits (ACLs) are set
for two Chinook salmon stocks,
Sacramento River fall Chinook (SRFC)
and KRFC, and one coho stock, Willapa
Bay natural coho. The Chinook salmon
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 consultations or
hatchery goals. Willapa Bay natural
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coho is the only coho stock for which
an ACL is set, as the other coho stocks
in the FMP are either ESA-listed,
hatchery produced, or managed under
the PST.
ACLs for salmon stocks are
escapement-based, which means they
establish a number of adults that must
escape the fisheries to return to the
spawning grounds. ACLs are set based
on the annual abundance projection and
a fishing rate reduced to account for
scientific uncertainty. The abundance
forecasts for 2015 are described in more
detail below in the ‘‘Management
Measures for 2015 Fisheries’’ section of
this final rule. For SRFC in 2015, the
overfishing limit (OFL) is SOFL =
651,985 (projected abundance)
multiplied by 1¥FMSY (1¥0.78) or
143,437 returning spawners. SABC is
651,985 multiplied by 1¥FABC (1¥0.70)
(FMSY reduced for scientific uncertainty
= 0.70) or 195,596. The SACL is set equal
to SABC. For KRFC in 2015, SOFL is
99,102 (abundance projection)
multiplied by 1¥FMSY (1¥0.71), or
28,739 returning spawners. SABC is
99,102 multiplied by 1¥FABC (1¥0.68)
(FMSY reduced for scientific uncertainty
= 0.68) or 31,713 returning spawners.
SACL is set equal to SABC. For Willapa
Bay natural coho in 2015, the
overfishing limit (OFL) is SOFL = 42,884
(projected abundance) multiplied by
1¥FMSY (1¥0.74) or 11,150 returning
spawners. SABC is 42,884 multiplied by
1¥FABC (1¥0.71) (FMSY reduced for
scientific uncertainty = 0.71) or 12,436.
SACL is set equal to SABC.
As explained in more detail above
under ‘‘Stocks of Concern,’’ fisheries
north and south of Cape Falcon, are
constrained by impact limits necessary
to protect ESA-listed salmon stocks
including SRWC, CCC, and Puget Sound
coho, as well as Queets River coho
which is not ESA-listed, and Canadian
Thompson River coho. For 2015,
projected abundance of the three stocks
with ACLs (SRFC, KRFC, and Willapa
Bay natural coho), in combination with
the constraints for ESA-listed and nonESA-listed stocks, are expected to result
in escapements greater than required to
meet the ACLs for all three stocks with
defined ACLs.
Public Comments
The Council invited written
comments on developing 2015 salmon
management measures in their notice
announcing public meetings and
hearings (79 FR 78805, December 31,
2014). At its March meeting, the Council
adopted three alternatives for 2015
salmon management measures having a
range of quotas, season structure, and
impacts, from the least restrictive in
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Alternative I to the most restrictive in
Alternative III. 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
several written comments directly. The
three public hearings were attended by
a total of 94 people; 26 people provided
oral comments. Comments came from
individual fishers, fishing associations,
fish buyers, and processors. Written and
oral comments addressed the 2015
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
2015 meeting and were considered by
the Council, which includes a
representative from NMFS, in
developing the recommended
management measures transmitted to
NMFS on April 24, 2015. In addition to
comments collected at the public
hearings and those submitted directly to
the Council, several people provided
oral comments at the April 2015
Council meeting. 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 (80 FR 4547, January 28, 2015). No
comments were submitted via
www.regulations.gov.
Comments on alternatives for fisheries
north of Cape Falcon. For fisheries
north of Cape Falcon, Alternative I
quota levels were favored by two
commercial and two recreational fishery
commenters at the public hearing in
Westport, WA. Some commenters
expressed concern about how weak
stock management and Puget Sound
fisheries impact ocean salmon fisheries.
Comments on alternatives for fisheries
south of Cape Falcon. Most comments
received in writing, at public hearings,
and in public comments at the April
2015 Council meeting addressed
fisheries south of Cape Falcon and
specifically measures proposed to
protect SWRC in light of drought and
unfavorable ocean conditions.
Alternative III in particular included
management measures, including
closing some fall fisheries south of Cape
Falcon, that would reduce the impacts
on SWRC below the level required by
the reasonable and prudent alternative
in NMFS’ biological opinion. Most
comments early in the process opposed
this alternative or expressed preference
for other alternatives. Alternative I was
supported by six commercial and seven
recreational fishery commenters that
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attended public hearings. Eight
commercial fishery commenters at the
public hearings supported a
modification of Alternative II that was
proposed by fishermen’s marketing
association; one commenter opposed the
proposal. Nine commenters at the
public hearings opposed the closure of
fall fisheries, particularly south of Point
Arena to protect SRWC, proposed in
Alternative III, while three commenters
from the commercial fishery sector
expressed concern about the impact on
September fisheries on future salmon
production due to California’s drought
and warm ocean conditions. Of written
comments, from fishing groups and
individuals, most expressed concern
over how fisheries management
alternatives would address limiting
fishery impacts to endangered SRWC,
several stated that they did not support
closing fall fisheries. Public comments
at the April 2015 Council meeting also
expressed concern over SRWC, but
likely based on new information
provided by the California Department
of Fish and Wildlife (CDFW) on time
and area vulnerability of SRWC to
commercial and recreational fisheries,
comments received at the meeting
expressed support for constraining fall
fisheries to limit impacts to SRWC. In
particular, some commenters who had
previously opposed Alternative III
supported the management measures
ultimately adopted by the Council in
comments provided prior to or at the
April Council meeting.
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
by one commenter north of Cape Falcon
and one commenter south of Cape
Falcon.
The Council, including the NMFS
representative, took all of these
comments into consideration. The
Council’s final recommendation
generally includes aspects of all three
alternatives, while taking into account
the best available scientific information
and ensuring that fisheries are
consistent with ESA consultation
standards, ACLs, PST obligations, and
tribal fishing rights. These management
tools assist the Council in meeting
impact limits on weak stocks. The
Council adopted alternative I for
incidental halibut retention, this
alternative is consistent with retention
limits adopted for 2014 salmon fisheries
and April 2015 salmon fisheries (79 FR
24580, May 1, 2014).
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Management Measures for 2015
Fisheries
The Council-recommended ocean
harvest levels and management
measures for the 2015 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, through this final
rule, approves and implements the
Council’s recommendations.
North of Cape Falcon, the 2015
management measures for non-Indian
commercial troll and recreational
fisheries have increased quotas for
Chinook salmon and decreased quotas
for coho salmon, compared to 2014.
This is due primarily to the fact that
forecasts for Chinook stocks north of
Cape Falcon are generally higher than in
2014, and forecasts for coho are
generally lower. 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 2015. As noted previously,
Puget Sound Chinook are somewhat
constraining on the 2015 fisheries in
order to allow sufficient numbers of fish
to reach inside fisheries. Impacts in
Alaskan and Canadian fisheries on
salmon stocks originating north of Cape
Falcon are expected to increase slightly
for coho in 2015 compared with 2014.
However, there is uncertainty regarding
impacts of northern fisheries on
Chinook salmon, as the Pacific Salmon
Commission’s Chinook Technical
Committee (CTC) did not reach
consensus on adopting a new CTC
Chinook model calibration that is used
to provide impacts for northern fisheries
to the Fishery Regulation Assessment
Model (FRAM). To address this
uncertainty, the Council relied on the
CTC’s preliminary calibration, as this is
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currently the best available information
regarding likely northern fishery
impacts. This resulted in slightly lower
impacts from northern fisheries than in
2014. With respect to coho, North of
Cape Falcon fisheries are limited in
2015 by the need to protect coho salmon
from the Thompson River in Canada.
ESA consultation standards for
threatened LCR coho and Oregon Coast
natural coho also apply to these
fisheries but these are not limiting in
2015. Washington coastal and Puget
Sound Chinook generally migrate to the
far north and are not greatly 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. Ocean fisheries are also
structured to provide for in-river
fisheries on Queets River coho. North of
Cape Alava, WA, the Council
recommended a provision prohibiting
retention of chum salmon in the salmon
fisheries during August and September
to protect ESA listed Hood Canal
summer chum. The Council has
recommended such a prohibition since
2002 (67 FR 30616, May 7, 2002).
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 2015 is above the 2014
projection. Under the management
measures in this final rule, and
including anticipated in-river fishery
impacts, spawning escapement for SRFC
is projected at 341,017, well above the
SACL for this stock. Projected abundance
for KRFC in 2015 is much lower than
the very strong projections in 2012 and
2013, but higher than in 2014.
Regardless, the commercial fishery that
impacts KRFC will be constrained by
the CCC consultation standard that
limits the forecast KRFC age-4 ocean
harvest rate to a maximum of 16
percent. Under the management
measures in this final rule, and
including anticipated in-river fishery
impacts, spawning escapement for
KRFC is projected at 40,700, again well
above the SACL for the stock.
As discussed above in ‘‘Stocks of
Concern,’’ NMFS’ 2012 RPA for SRWC,
together with projected abundance for
2015, limits Council-area fishery
impacts to SRWC to 19.0 percent. In
deciding on the recommended
management measures, the Council
additionally considered information on
the impacts of ongoing drought on
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California salmon stocks, particularly
SRWC, including estimated freshwater
mortality of 95 percent of the 2014
SRWC brood year juveniles, information
related to warm ocean conditions in
2015, information developed by CDFW
on time and area vulnerability of SRWC
to commercial and recreational
fisheries, and public testimony on
proposed season structure. Based on
this information, the Council adopted
management measures that limit age-3
impact rate on SRWC to 17.5 percent. In
response to the information presented
by CDFW on the time and area
vulnerability of SRWC, the final
management measures include specific
limits on the fishing seasons south of
Pigeon Point.
The treaty-Indian commercial troll
fishery quota for 2015 is 60,000 Chinook
salmon in ocean management areas and
Washington State Statistical Area 4B
combined. This quota is lower than the
62,500 Chinook salmon quota in 2014,
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 30,000 Chinook
salmon, and an all-salmon season
beginning July 1 with a 30,000 Chinook
salmon sub-quota. The coho quota for
the treaty-Indian troll fishery in ocean
management areas, including
Washington State Statistical Area 4B, for
the July-September period is 42,500
coho, lower than in 2014.
The Council is recommending one
new provisions for 2015 fisheries, based
on the concurrence of its Enforcement
Consultants. Previously, all salmon on
board a vessel were required 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.
Further, salmon were permitted to be
landed in an area that has been closed
for a species of salmon more than 96
hours only if they meet the minimum
size, landing/possession limit, or other
special requirements for the area in
which they were caught. In 2015 the
area closure requirements are reduced to
from 96 to 48 hours.
Management Measures for 2016
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 2016 fishing seasons that
open earlier than May 1. The Council
recommended, and NMFS concurs, that
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25615
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
2016 as indicated in the Season
Description section of this document. At
the March 2016 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
2015 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
2015 and, as specified, for 2016.
Section 1. Commercial Management
Measures for 2015 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
40,200 Chinook, no more than 9,000 of
which may be caught in the area
between the U.S./Canada border and the
Queets River and no more than 15,000
may be caught in the area between
Leadbetter Point and Cape Falcon.
Seven days per week with a landing and
possession limit of 60 Chinook per
vessel per trip from the U.S./Canada
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border to the Queets River (C.1). All
salmon except coho (C.4, C.7). Chinook
minimum size limit of 28 inches total
length (B). 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.
See compliance requirements and gear
restrictions and definitions (C.2, C.3).
When it is projected that 29,250
Chinook have been landed overall, or
6,750 Chinook have been landed in the
area between the U.S./Canada border
and the Queets River, or 11,250 Chinook
have been landed in the area between
Leadbetter Point and Cape Falcon,
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 the Oregon
Department of Fish and Wildlife
(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 (C.8).
July 1 through earlier of September 22
or attainment of the quota of 26,800
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15:13 May 04, 2015
Jkt 235001
Chinook, no more than 11,000 of which
may be caught in the area between the
U.S./Canada border and the Queets
River, or 19,200 marked coho (C.8.d).
July 1 through 7, then Friday through
Tuesday, July 10 through September 22
with a landing and possession limit of
50 Chinook and 50 coho per vessel per
open period (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. When it is projected that
19,500 Chinook have been landed
overall, or 8,250 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
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
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 (C.8).
South of Cape Falcon, OR
—Cape Falcon to Humbug Mountain
April 1 through August 27;
September 2 through September 30
(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). All vessels fishing in the
area must land their fish in the State of
Oregon. See gear restrictions and
definitions (C.2, C.3) and Oregon State
regulations for a description of special
regulations at the mouth of Tillamook
Bay.
Beginning September 2, no more than
60 Chinook per vessel per landing week
(Thursday through Wednesday).
In 2016, the season will open March
15, all salmon except coho. Chinook
minimum size limit of 28 inches total
length. Gear restrictions same as in
2015. This opening could be modified
following Council review at its March
2016 meeting
—Humbug Mountain to Oregon/
California Border (Oregon KMZ)
April 1 through May 31;
June 1 through earlier of June 30, or
a 1,800 Chinook quota;
July 1 through earlier of July 31, or a
1,000 Chinook quota;
August 1 through earlier of August 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 1
through August 27, single daily landing
and possession limit of 30 Chinook per
vessel per day (C.8.f). 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. 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.
Oregon State regulations require fishers
landing salmon from any quota
managed season within this area to
notify ODFW within one hour of
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delivery or prior to transport away from
the port of landing by either calling
541–867–0300 Ext. 252 or sending
notification via email to
KMZOR.trollreport@state.or.us.
Notification shall include vessel name
and number, number of salmon by
species, port of landing and location of
delivery, and estimated time of delivery.
See compliance requirements (C.1) and
gear restrictions and definitions (C.2,
C.3).
In 2016, the season will open March
15 for all salmon except coho, with a 28
inch Chinook minimum size limit. This
opening could be modified following
Council review at its March 2016
meeting.
—Oregon/California Border to
Humboldt South Jetty (California KMZ)
September 11 through earlier of
September 30, or 3,000 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 28 inches total length (B, C.1).
Landing and possession limit of 20
Chinook per vessel per day (C.8.f). 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.
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).
—Horse Mountain to Point Arena (Fort
Bragg)
May 1 through 31;
June 15 through 30;
July 12 through 31;
August 1 through 26;
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. All salmon caught in
California prior to September 1 must be
landed and offloaded no later than 11:59
p.m., August 30 (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 2016, 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 2015. All fish caught in the area must
be landed in the area. This opening
could be modified following Council
review at its March 2016 meeting.
—Pigeon Point to Point Sur (Monterey
North)
May 1 through 31;
June 7 through 30;
July 8 through 31;
August 1 through 15 (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. All salmon caught in
California prior to September 1 must be
landed and offloaded no later than 11:59
p.m., August 30 (C.6). See compliance
requirements (C.1) and gear restrictions
and definitions (C.2, C.3).
—Point Sur to U.S./Mexico Border
(Monterey South)
May 1 through 31;
June 7 through 30;
July 8 through 31 (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. All salmon caught in
California prior to September 1 must be
landed and offloaded no later than 11:59
p.m., August 30 (C.6). See compliance
requirements (C.1) and gear restrictions
and definitions (C.2, C.3).
California State regulations require 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).
—Point Arena to Pigeon Point (San
Francisco)
May 1 through 31;
June 7 through 30;
July 8 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. All salmon caught
in California prior to September 1 must
be landed and offloaded no later than
11:59 p.m., August 30 (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 2, 5 through 9, and
12 through 15.
B. Minimum Size (Inches) (See C.1)
Chinook
Coho
Area (when open)
Pink
rljohnson on DSK3VPTVN1PROD with RULES
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 Pigeon Point
Prior to August 30 ....................................................................
September 1 to October 15 .....................................................
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Head-off
Total length
Head-off
28.0
28.0
28.0
27.0
21.5
21.5
21.5
20.5
16.0
—
—
—
12.0
—
—
—
None.
None.
None.
None.
27.0
26.0
20.5
19.5
—
—
—
—
None.
None.
Sfmt 4700
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
Chinook
Coho
Area (when open)
Pink
Total length
Pigeon Point to U.S./Mexico Border ...............................................
Head-off
27.0
Total length
20.5
—
Head-off
—
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. 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 48 hours for that species of
salmon. Salmon may be landed in an
area that has been closed for a species
of salmon more than 48 hours only if
they meet the minimum size, landing/
possession limit, or other special
requirements for the area in which they
were caught. Salmon may not be filleted
prior to landing.
Any person who is required to report
a salmon landing by applicable 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 be kept on board the
vessel for 90 days or more after landing
to account for all previous salmon
landings.
rljohnson on DSK3VPTVN1PROD with RULES
C.2. Gear Restrictions
a. Salmon may be taken only by hook
and line using single point, single
shank, barbless hooks.
b. Cape Falcon, Oregon, to the
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.
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15:13 May 04, 2015
Jkt 235001
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. 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.
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.).
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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
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.
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rljohnson on DSK3VPTVN1PROD with RULES
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 2016 for 2016 permits (exact
date to be set by the IPHC in early 2016).
Incidental harvest is authorized only
during April, May, and June of the 2015
troll seasons and after June 30 in 2015
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
IPHC’s 29,035 pound preseason
allocation or the total Area 2A nonIndian commercial halibut allocation,
NMFS will take inseason action to
prohibit retention of halibut in the nonIndian salmon troll fishery.
May 1, 2015, through December 31,
2015, and April 1–30, 2016, 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 2015, prior to
any 2015 inseason action, will be in
effect when incidental Pacific halibut
retention opens on April 1, 2016, unless
otherwise modified by inseason action
at the March 2016 Council meeting.
a. ‘‘C-shaped’’ yelloweye rockfish
conservation area (YRCA) is an area to
be voluntarily avoided for salmon
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trolling. NMFS and the Council request
salmon trollers voluntarily avoid this
area in order to protect yelloweye
rockfish. The area is defined in Pacific
Council Halibut Catch Sharing Plan in
the North Coast subarea (Washington
marine area 3), with the following
coordinates in the order listed:
48°18′ N. lat.; 125°18′ W. long.;
48°18′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 124°59′ W. long.;
48°11′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 125°11′ W. long.;
48°04′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 124°59′ W. long.;
48°00′ N. lat.; 125°18′ W. long.;
and connecting back to 48°18′ N. lat.;
125°18′ W. long.
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. 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.
c. 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.
d. At the March 2016 meeting, the
Council will consider inseason
recommendations for special regulations
for any experimental fisheries
(proposals must meet Council protocol
and be received in November 2015).
e. 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.
f. 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.
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25619
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 2015 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 15 through 16, May 22 through
23, and May 30 through June 12 or a
coastwide marked Chinook quota of
10,000 (C.5).
Seven days per week. All salmon
except coho, two fish per day. 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 30 through earlier of June 12 or
a coastwide marked Chinook quota of
10,000 (C.5)
Seven days per week. All salmon
except coho, two fish per day. 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 30 through earlier of June 12 or
a coastwide marked Chinook quota of
10,000 (C.5).
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Seven days per week. All salmon
except coho, two fish per day. 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 13 through earlier of September
30 or 14,850 marked coho subarea quota
with a subarea guideline of 8,400
Chinook (C.5).
Seven days per week. All salmon
except no chum beginning August 1;
two fish per day plus two additional
pink. All coho must be marked with a
healed adipose fin clip (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).
rljohnson on DSK3VPTVN1PROD with RULES
—Cape Alava to Queets River (La Push
Subarea)
June 13 through earlier of September
30 or 3,610 marked coho subarea quota
with a subarea guideline of 2,600
Chinook (C.5).
October 1 through earlier of October
11 or 100 marked coho quota or 100
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 plus two additional pink.
All coho must be marked with a healed
adipose fin clip (C.1). See gear
restrictions and definitions (C.2, C.3).
Inseason management may be used to
sustain season length and keep harvest
within the overall Chinook and coho
recreational TACs for north of Cape
Falcon (C.5).
—Queets River to Leadbetter Point
(Westport Subarea)
June 13 through earlier of September
30 or 52,840 marked coho subarea quota
with a subarea guideline of 27,900
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
(C.1). See gear restrictions and
definitions (C.2, C.3). Grays Harbor
Control Zone closed beginning August
11 (C.4.b). Inseason management may be
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Jkt 235001
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 13 through earlier of September
30 or 79,400 marked coho subarea quota
with a subarea guideline of 15,000
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
(C.1). See gear restrictions and
definitions (C.2, C.3). Columbia Control
Zone closed (C.4.c). Inseason
management may be used to sustain
season length and keep harvest within
the overall Chinook and coho
recreational TACs for north of Cape
Falcon (C.5).
South of Cape Falcon, OR
—Cape Falcon to Humbug Mountain
March 15 through October 31 (C.6),
except as provided below during the allsalmon mark-selective and September
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:
September 4 through the earlier of
September 30 or a landed catch of
12,500 non-mark-selective coho quota
(C.5).
Seven days per week. 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 2016, 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 27 through earlier of
August 9 or a landed catch of 55,000
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).
PO 00000
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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 10 or attainment of
the coho quota.
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 1 through September 7 (C.6).
Seven days per week. All salmon
except coho, except as noted above in
the all-salmon mark-selective coho
fishery; 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 1 through September 7 (C.6).
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).
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 4 through November 8 (C.6).
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 2016, season opens April 2 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 2015 (C.2, C.3).
—Point Arena to Pigeon Point (San
Francisco)
April 4 through October 31 (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 through April 30, 20
inches thereafter (B). See gear
restrictions and definitions (C.2, C.3).
In 2016, season opens April 2 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 2015 (C.2, C.3).
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—Pigeon Point to Point Sur (Monterey
North)
—Point Sur to U.S./Mexico Border
(Monterey South)
April 4 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 through May 31, 20
inches thereafter (B). See gear
restrictions and definitions (C.2, C.3).
In 2016, season opens April 2 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 2015 (C.2, C.3).
April 4 through July 19 (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 through May 31, 20
inches thereafter (B). See gear
restrictions and definitions (C.2, C.3).
In 2016, season opens April 2 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 2015 (C.2, C.3).
Area (when open)
25621
California State regulations require 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 Code of Regulations Title 14
Section 1.73).
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 ............................................................................................................
OR/CA Border to Horse Mountain ......................................................................................................
Horse Mountain to Point Arena ...........................................................................................................
Point Arena to Pigeon Point:
Through April 30 ...........................................................................................................................
After April 30 ................................................................................................................................
Pigeon Point to U.S./Mexico Border:
Through May 31 ...........................................................................................................................
After May 31 .................................................................................................................................
Coho
Pink
24.0
24.0
24.0
20.0
20.0
16.0
16.0
16.0
........................
........................
None.
None.
None.
20.0.
20.0.
24.0
20.0
........................
........................
24.0.
20.0.
24.0
20.0
........................
........................
24.0.
20.0.
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, and 16.0in=40.6 cm.
C. 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).
rljohnson on DSK3VPTVN1PROD with RULES
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
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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
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Fmt 4700
Sfmt 4700
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
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#4 (46°13′35″ N. lat., 124°06′50″ W.
long.) and the green lighted Buoy #7
(46°15′09″ N. lat., 124°06′16″ W. long.);
on the east, by the Buoy #10 line which
bears north/south at 357° true from the
south jetty at 46°14′00″ N. lat.,
124°03′07″ W. long. to its intersection
with the north jetty; on the north, by a
line running northeast/southwest
between the green lighted Buoy #7 to
the tip of the north jetty (46°15′48″ N.
lat., 124°05′20″ W. long.) and then along
the north jetty to the point of
intersection with the Buoy #10 line; and
on the south, by a line running
northeast/southwest between the red
lighted Buoy #4 and tip of the south
jetty (46°14′03″ N. lat., 124°04′05″ W.
long.), and then along the south jetty to
the point of intersection with the Buoy
#10 line.
d. Stonewall Bank yelloweye rockfish
conservation area—The area 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
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.
Section 3. Treaty Indian Management
Measures for 2015 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 30,000 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 30,000 preseason
Chinook quota (C.5), or 42,599 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
Total
Head-off
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. Requirements, Restrictions, and
Exceptions
rljohnson on DSK3VPTVN1PROD with RULES
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)
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and 47°31′42″ N. lat. (Queets River) and
east of 125°44′00″ W. long.
HOH—That portion of the FMA
between 47°54′18″ N. lat. (Quillayute
River) and 47°21′00″ N. lat. (Quinault
River) and east of 125°44′00″ W. long.
QUINAULT—That portion of the
FMA between 47°40′06″ N. lat.
(Destruction Island) and 46°53′18″ N.
lat. (Point Chehalis) and east of
125°44′00″ W. long.
C.2. Gear Restrictions
a. Single point, single shank, barbless
hooks are required in all fisheries.
b. No more than eight fixed lines per
boat.
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Sfmt 4700
c. No more than four hand held lines
per person in the Makah area fishery
(Washington State Statistical Area 4B
and that portion of the FMA north of
48°02′15″ N. lat. (Norwegian Memorial)
and east of 125°44′00″ W. long.).
C.3. Quotas
a. The quotas include troll catches by
the S’Klallam and Makah tribes in
Washington State Statistical Area 4B
from May 1 through September 15.
b. The Quileute Tribe will continue a
ceremonial and subsistence fishery
during the time frame of September 15
through October 15 in the same manner
as in 2004 through 2014. Fish taken
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during this fishery are to be counted
against treaty troll quotas established for
the 2015 season (estimated harvest
during the October ceremonial and
subsistence fishery: 20 Chinook; 40
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.
rljohnson on DSK3VPTVN1PROD with RULES
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 March 17, 2015,
NMFS published a final rule (80 FR
13771) 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 2015. The regulations and
management measures provide that
vessels participating in the salmon troll
fishery in Area 2A (all waters off the
States of Washington, Oregon, and
California), which have obtained the
appropriate IPHC license, may retain
halibut caught incidentally during
authorized periods in conformance with
provisions published with the annual
salmon management measures. A
salmon troller may participate in the
halibut incidental catch fishery during
the salmon troll season or in the
directed commercial fishery targeting
halibut, but not both.
The following measures have been
approved by the IPHC, and
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15:13 May 04, 2015
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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). Applicants must apply prior to
mid-March 2016 for 2016 permits (exact
date to be set by the IPHC in early 2016).
Incidental harvest is authorized only
during April, May, and June of the 2015
troll seasons and after June 30 in 2015
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
29,035 pound preseason allocation or
the total Area 2A non-Indian
commercial halibut allocation, NMFS
will take inseason action to prohibit
retention of halibut in the non-Indian
salmon troll fishery.
May 1, 2015, through December 31,
2015, and April 1–30, 2016, 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 2015, prior to
any 2015 inseason action, will be in
effect when incidental Pacific halibut
retention opens on April 1, 2016, unless
otherwise modified by inseason action
at the March 2016 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
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.
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25623
Geographical landmarks referenced in
this document are at the following
locations:
Cape Flattery, WA 48°23′00″ N. lat.
Cape Alava, WA 48°10′00″ N. lat.
Queets River, WA 47°31′42″ N. lat.
Leadbetter Point, WA 46°38′10″ N. lat.
Cape Falcon, OR 45°46′00″ N. lat.
Florence South Jetty, OR 44°00′54″ N.
lat.
Humbug Mountain, OR 42°40′30″ N.
lat.
Oregon-California Border 42°00′00″ N.
lat.
Humboldt South Jetty, CA 40°45′53″
N. lat.
Horse Mountain, CA 40°05′00″ N. lat.
Point Arena, CA 38°57′30″ N. lat.
Point Reyes, CA 37°59′44″ N. lat.
Point San Pedro, CA 37°35′40″ N. lat.
Pigeon Point, CA 37°11′00″ N. lat.
Point Sur, CA 36°18′00″ N. lat.
Point Conception, CA 34°27′00″ N. lat.
Section 6. Inseason Notice Procedures
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 published
in 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 final rule is not significant under
Executive Order 12866.
The Assistant Administrator for
Fisheries finds good cause under 5
U.S.C. 553(b)(B), to waive the
requirement for prior notice and
opportunity for public comment, as
such procedures are impracticable and
contrary to the public interest.
The annual salmon management cycle
begins May 1 and continues through
April 30 of the following year. May 1
was chosen because the pre-May
harvests constitute a relatively small
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
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
would require 30 to 60 days in addition
to the two-month period required for
development of the regulations.
Delaying implementation of annual
fishing regulations, which are based on
the current stock abundance projections,
for an additional 60 days would require
that fishing regulations for May and
June be set in the previous year, without
the benefit of information regarding
current stock status. For the 2015
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.,
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15:13 May 04, 2015
Jkt 235001
on average, less than 5 percent of
commercial and recreational harvest
occurred prior to May 1 during the years
2001 through 2014). 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 2014 management measures
will continue to apply in most areas.
This would result in excessive impacts
to some salmon stocks, including
exceeding the Endangered Species Act
(ESA) consultation standard for Lower
Columbia River natural coho and
Oregon Coast natural coho, as well as
the exploitation rate limit under the
Pacific Salmon Treaty (PST) for
Canada’s Interior Fraser (Thompson
River) coho.
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
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Fmt 4700
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in April and before the commencement
of the ocean salmon fishing year on May
1, NMFS has concluded it is
impracticable and contrary to the public
interest to provide an opportunity for
prior notice and public comment under
5 U.S.C. 553(b)(B).
The Assistant Administrator for
Fisheries 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.
Because prior notice and an
opportunity for public comment are not
required to be provided for these
portions of this rule by 5 U.S.C. 553, or
any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
not applicable. Accordingly, no
Regulatory Flexibility Analysis is
required for this portion of the rule and
none has been prepared.
This action contains collection-ofinformation requirements subject to the
Paperwork Reduction Act (PRA), and
which have been approved by the Office
of Management and Budget (OMB)
under control number 0648–0433. The
public reporting burden for providing
notifications if landing area restrictions
cannot be met is estimated to average 15
minutes per response. This estimate
includes the time for reviewing
instructions, searching existing data
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
NMFS has current ESA biological
opinions that cover fishing under these
regulations on all listed salmon species.
NMFS reiterated their consultation
standards for all ESA listed salmon and
steelhead species in their annual
Guidance letter to the Council dated
March 3, 2015. 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 2015 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 2015 salmon
management measures are consistent
with the terms of that biological
opinion.
This final rule was developed after
meaningful and collaboration with the
affected tribes. The tribal representative
on the Council made the motion for the
regulations that apply to the tribal
fisheries.
rljohnson on DSK3VPTVN1PROD with RULES
Authority: 16 U.S.C. 773–773k; 1801 et
seq.
Dated: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–10421 Filed 5–1–15; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XD682
Fisheries of the Exclusive Economic
Zone Off Alaska; Small Vessel
Exemptions; License Limitation
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Agency decision.
AGENCY:
The National Marine
Fisheries Service (NMFS) announces the
approval of Amendment 108 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI FMP), Amendment 100 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP), and Amendment 46 to the
Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner
Crabs (Crab FMP). These amendments
correct text omissions in the BSAI FMP,
the GOA FMP, and the Crab FMP. These
amendments make the fishery
management plan (FMP) texts that
establish vessel length limits for small
vessels exempted from the license
limitation program (LLP) in the Bering
Sea and Aleutian Islands Management
Area (BSAI) groundfish and king and
Tanner crab fisheries, and the Gulf of
Alaska (GOA) groundfish fisheries,
consistent with the original intent of the
LLP, current operations in the fisheries,
and Federal regulations. This action
promotes the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
FMP, and other applicable laws.
DATES: The amendment was approved
on April 27, 2015.
ADDRESSES: Electronic copies of
Amendment 108 to the BSAI FMP,
Amendment 100 to the GOA FMP,
Amendment 46 to the Crab FMP, and
the analysis prepared for this action are
available from the Alaska Region NMFS
Web site at https://
alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Rachel Baker, 907–586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit proposed amendments
SUMMARY:
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Fmt 4700
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25625
to a fishery management plan to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce (Secretary). The MagnusonStevens Act also requires that, upon
receiving a fishery management plan
amendment, NMFS immediately
publish in the Federal Register a notice
that the amendment is available for
public review and comment.
The notice of availability for
Amendment 108 to the BSAI FMP,
Amendment 100 to the GOA FMP, and
Amendment 46 to the Crab FMP was
published in the Federal Register on
February 12, 2015 (80 FR 7816), with a
60-day comment period that ended on
April 13, 2015. NMFS received no
comments on Amendment 108 to the
BSAI FMP, Amendment 100 to the GOA
FMP, and Amendment 46 to the Crab
FMP.
NMFS determined that Amendment
108 to the BSAI FMP, Amendment 100
to the GOA FMP, and Amendment 46 to
the Crab FMP are consistent with the
Magnuson-Stevens Act and other
applicable laws, and the Secretary
approved Amendment 108 to the BSAI
FMP, Amendment 100 to the GOA FMP,
and Amendment 46 to the Crab FMP on
April 27, 2015. The February 12, 2015,
notice of availability contains additional
information on this action. No changes
to Federal regulations are necessary to
implement Amendment 108 to the BSAI
FMP, Amendment 100 to the GOA FMP,
and Amendment 46 to the Crab FMP.
Amendment 108 amends Table ES–2
and Section 3.3.1 of the BSAI FMP;
Amendment 100 amends Table ES–2
and Section 3.3.1 of the GOA FMP; and
Amendment 46 amends Section 8.1.4.2
of the Crab FMP. Specifically, these
FMP amendments add ‘‘or equal to’’ to
the vessel length limits for small vessels
that are exempt from the LLP in the
BSAI groundfish and king and Tanner
crab fisheries and GOA groundfish
fisheries. The amendments have the
effect of adding vessels 26 ft (7.9 m)
LOA in the GOA and vessels 32 ft
(9.8 m) LOA in the BSAI, including
BSAI Crab, to the LLP exemption. These
additions are necessary for consistency
with Federal regulations that exempt
from the LLP vessels that do ‘‘not
exceed 26 ft (7.9 m) LOA’’ in the GOA
and vessels that do ‘‘not exceed 32 ft
(9.8 m) LOA’’ in the BSAI. Additional
information can be found in the notice
of availability for Amendment 108 to
the BSAI FMP, Amendment 100 to the
GOA FMP, and Amendment 46 to the
Crab FMP (80 FR 7816, February 12,
2015) and the analysis prepared for this
action (see ADDRESSES).
Since the implementation of the LLP
by Amendment 39 to the BSAI FMP,
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Agencies
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25611-25625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10421]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 150316270-5270-01]
RIN 0648-XD843
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2015 Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Through this final rule NMFS establishes fishery management
measures for the 2015 ocean salmon fisheries off Washington, Oregon,
and California and the 2016 salmon seasons opening earlier than May 1,
2016. Specific fishery management measures vary by fishery and by area.
The measures establish fishing areas, seasons, quotas, legal gear,
recreational fishing days and catch limits, possession and landing
restrictions, and minimum lengths for salmon taken in the U.S.
exclusive economic zone (EEZ) (3-200 NM) off Washington, Oregon, and
California. The management measures are intended to prevent overfishing
and to apportion the ocean harvest equitably among treaty Indian, non-
treaty commercial, and recreational fisheries. The measures are also
intended to allow a portion of the salmon runs to escape the ocean
fisheries in order to provide for spawning escapement and 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 2015 ocean
salmon management measures.
DATES: This final rule is effective from 0001 hours Pacific Daylight
Time, May 1, 2015, until the effective date of the 2016 management
measures, as published in the Federal Register.
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 101, Portland, OR
97220-1384, and are posted on the Pacific Fishery Management Council's
(Council's) Web site (www.pcouncil.org).
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 2015 and pre-May 2016 ocean salmon
fisheries that are implemented in this final rule were recommended by
the Council at its April 10 to 16, 2015, meeting.
Process Used To Establish 2015 Management Measures
The Council announced its annual preseason management process for
the 2015 ocean salmon fisheries in the Federal Register on December 31,
2014 (79 FR 78805), and on the Council's Web site at
(www.pcouncil.org). NMFS published an additional notice of
opportunities to submit public comments on the 2015 ocean salmon
fisheries in the Federal Register on January 28, 2015 (80 FR 4547).
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 2015 ocean salmon
fisheries. The agendas for the March and April Council meetings were
published in the Federal Register (80 FR 8628, February 18, 2015 and 80
FR 15752, March 25, 2015, 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
[[Page 25612]]
advisors, and the public upon their completion. The first of the
reports, ``Review of 2014 Ocean Salmon Fisheries,'' was prepared in
February when the scientific information necessary for crafting
management measures for the 2015 and pre-May 2016 ocean salmon
fisheries first became available. The first report summarizes
biological and socio-economic data for the 2014 ocean salmon fisheries
and assesses how well the Council's 2014 management objectives were
met. The second report, ``Preseason Report I Stock Abundance Analysis
and Environmental Assessment Part 1 for 2015 Ocean Salmon Fishery
Regulations'' (PRE I), provides the 2015 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2014 regulations and regulatory procedures were
applied to the projected 2015 stock abundances. The completion of PRE I
is the initial step in evaluating the full suite of preseason
alternatives.
Following completion of the first two reports, the Council met in
Vancouver, WA from March 6 to 12, 2015, to develop 2015 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 2015 Ocean Salmon
Fishery Regulations'' (PRE II), which analyzes the effects of the
proposed 2015 management alternatives.
Public hearings, sponsored by the Council, to receive testimony on
the proposed alternatives were held on March 30, 2015, in Westport, WA
and Coos Bay, OR; and on March 31, 2015, in Fort Bragg, 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 10 to 16, 2015, in Rohnert Park, CA to
adopt its final 2015 salmon management 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 2015 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 transmitted the
recommended management measures to NMFS, published them 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).
Resource Status
Stocks of Concern
The need to meet Endangered Species Act (ESA) consultation
requirements and obligations of the Pacific Salmon Treaty (PST) between
the U.S. and Canada for several stocks will shape salmon fisheries in
2015, and four stocks will constrain fishing in 2015.
Fisheries south of Cape Falcon, OR are limited in 2015 primarily by
the status of ESA-listed Sacramento River winter Chinook salmon (SRWC)
and California Coastal Chinook salmon (CCC). Fisheries north of Cape
Falcon are limited primarily by the status of ESA-listed Lower Columbia
River (LCR) Chinook salmon, and Puget Sound Chinook salmon, and by
Queets River coho, which are not ESA-listed. Also limiting on fisheries
north of Cape Falcon are Thompson River coho from Canada, which are
managed according to the PST. Not limiting in 2015, but worth
mentioning is ESA-listed Lower Columbia River natural coho (LCR coho)
for which NMFS issued a new biological opinion in 2015. At the start of
the preseason planning process for the 2015 management season, NMFS
provided a letter to the Council, dated March 3, 2015, summarizing
limits to impacts on ESA-listed species for 2015, based on existing
biological opinions and 2015 abundance information, 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 2015 were designed to avoid exceeding these
limitations.
Sacramento River winter Chinook salmon (SRWC): In 2010, NMFS
consulted under ESA section 7 and provided guidance to the Council
regarding the effects of Council area fisheries on SRWC, ESA-listed as
endangered. NMFS completed a biological opinion that includes a
reasonable and prudent alternative (RPA) to avoid jeopardizing the
continued existence of this evolutionarily significant unit (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 (ABM) framework. In 2012, NMFS
implemented this ABM framework which supplements the above management
restrictions with maximum allowable impact rates that apply when
abundance is low, based on the three-year geometric mean spawning
escapement of SRWC. Using the methodology specified in the ABM
framework, the age-3 impact rate on SRWC in 2015 fisheries south of
Point Arena recommended by NMFS would be limited to a maximum of 19.0
percent. Conservation measures for SRWC will constrain 2015 salmon
fisheries south of Cape Falcon.
California Coastal Chinook salmon (CCC): 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. Conservation measures for CCC will
constrain 2015 salmon fisheries south of Cape Falcon.
Lower Columbia River Chinook salmon (LCR Chinook): In 2012, NMFS
consulted under ESA section 7 and issued 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
[[Page 25613]]
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 ABM
framework to set annual exploitation rates for LCR tule Chinook salmon
below Bonneville Dam. Applying the ABM framework to the 2015 preseason
abundance forecast, the LCR tule exploitation rate is limited to a
maximum of 41 percent. In 2015, LCR Chinook will not constrain salmon
fisheries.
Lower Columbia River natural coho (LCR coho): In 2015, 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 analyzed the use of a harvest
matrix to manage impacts to LCR coho. Under the matrix the allowable
harvest in a given year depends on indicators of marine survival and
parental escapement to spawning. In 2015, the marine survival indicator
is in the ``high'' category, while parental escapement is in the
``normal'' category. Under these circumstances, ocean salmon fisheries
under the Council's jurisdiction in 2015, and commercial and
recreational salmon fisheries in the mainstem Columbia River below
Bonneville Dam, including select area fisheries (e.g., Youngs Bay),
must be managed subject to a total exploitation rate limit on LCR coho
not to exceed 23 percent. In 2015, LCR coho will not constrain salmon
fisheries.
Thompson River coho: 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. Meeting PST and Salmon FMP conservation requirements for
Thompson River coho will constrain 2015 salmon fisheries north of Cape
Falcon.
Puget Sound Chinook salmon: Impacts on threatened Puget Sound
Chinook from Council-managed fisheries are addressed through a 2004
biological opinion. Generally, these impacts are quite low and well
within the range contemplated in the 2004 opinion. However, because
Puget Sound Chinook are also impacted by fisheries in Puget Sound and
associated freshwater fisheries (collectively referred to as ``inside''
fisheries), the Council and NMFS consider the impacts of Council-area
and inside fisheries on Puget Sound Chinook together. The State of
Washington and Indian tribes with treaty rights to fish for salmon in
Puget Sound have previously agreed on conservation objectives for each
stock of salmon included in the Puget Sound Chinook ESU, and NMFS has
determined in biological opinions covering Puget Sound fisheries in
recent years that fisheries with impacts that do not exceed these
conservation objectives are not likely to jeopardize the continued
existence of the ESU. For purposes of determining whether the
requirements of the ESA are met for Puget Sound Chinook, the Council
and NMFS consider whether the proposed Council-area fisheries, taken
together with Puget Sound and freshwater fisheries, will result in
exceeding the conservation objectives for each stock within the ESU.
The conservation objectives are described in NMFS' March 3, 2015 letter
to the Council outlining the ESA requirements for 2015. In 2015, Puget
Sound Chinook salmon will constrain salmon fisheries north of Cape
Falcon, to provide sufficient escapement to support inside fisheries.
Queets River coho: Queets River coho are not ESA-listed, but are
important to in-river tribal fisheries on the Washington coast. Queets
River coho are forecast to be less abundant in 2015 than in 2014. In
2015, Queets River coho will constrain salmon fisheries north of Cape
Falcon, to provide sufficient escapement to support in-river tribal
fisheries.
Annual Catch Limits and Status Determination Criteria
Annual Catch Limits (ACLs) are set for two Chinook salmon stocks,
Sacramento River fall Chinook (SRFC) and KRFC, and one coho stock,
Willapa Bay natural coho. The Chinook salmon 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 consultations or hatchery goals. Willapa
Bay natural coho is the only coho stock for which an ACL is set, as the
other coho stocks in the FMP are either ESA-listed, hatchery produced,
or managed under the PST.
ACLs for salmon stocks are escapement-based, which means they
establish a number of adults that must escape the fisheries to return
to the spawning grounds. ACLs are set based on the annual abundance
projection and a fishing rate reduced to account for scientific
uncertainty. The abundance forecasts for 2015 are described in more
detail below in the ``Management Measures for 2015 Fisheries'' section
of this final rule. For SRFC in 2015, the overfishing limit (OFL) is
SOFL = 651,985 (projected abundance) multiplied by 1-
FMSY (1-0.78) or 143,437 returning spawners. SABC
is 651,985 multiplied by 1-FABC (1-0.70) (FMSY
reduced for scientific uncertainty = 0.70) or 195,596. The
SACL is set equal to SABC. For KRFC in 2015,
SOFL is 99,102 (abundance projection) multiplied by 1-
FMSY (1-0.71), or 28,739 returning spawners. SABC
is 99,102 multiplied by 1-FABC (1-0.68) (FMSY
reduced for scientific uncertainty = 0.68) or 31,713 returning
spawners. SACL is set equal to SABC. For Willapa
Bay natural coho in 2015, the overfishing limit (OFL) is
SOFL = 42,884 (projected abundance) multiplied by 1-
FMSY (1-0.74) or 11,150 returning spawners. SABC
is 42,884 multiplied by 1-FABC (1-0.71) (FMSY
reduced for scientific uncertainty = 0.71) or 12,436. SACL
is set equal to SABC.
As explained in more detail above under ``Stocks of Concern,''
fisheries north and south of Cape Falcon, are constrained by impact
limits necessary to protect ESA-listed salmon stocks including SRWC,
CCC, and Puget Sound coho, as well as Queets River coho which is not
ESA-listed, and Canadian Thompson River coho. For 2015, projected
abundance of the three stocks with ACLs (SRFC, KRFC, and Willapa Bay
natural coho), in combination with the constraints for ESA-listed and
non-ESA-listed stocks, are expected to result in escapements greater
than required to meet the ACLs for all three stocks with defined ACLs.
Public Comments
The Council invited written comments on developing 2015 salmon
management measures in their notice announcing public meetings and
hearings (79 FR 78805, December 31, 2014). At its March meeting, the
Council adopted three alternatives for 2015 salmon management measures
having a range of quotas, season structure, and impacts, from the least
restrictive in
[[Page 25614]]
Alternative I to the most restrictive in Alternative III. 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 several
written comments directly. The three public hearings were attended by a
total of 94 people; 26 people provided oral comments. Comments came
from individual fishers, fishing associations, fish buyers, and
processors. Written and oral comments addressed the 2015 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
2015 meeting and were considered by the Council, which includes a
representative from NMFS, in developing the recommended management
measures transmitted to NMFS on April 24, 2015. In addition to comments
collected at the public hearings and those submitted directly to the
Council, several people provided oral comments at the April 2015
Council meeting. 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 (80 FR 4547, January 28,
2015). No comments were submitted via www.regulations.gov.
Comments on alternatives for fisheries north of Cape Falcon. For
fisheries north of Cape Falcon, Alternative I quota levels were favored
by two commercial and two recreational fishery commenters at the public
hearing in Westport, WA. Some commenters expressed concern about how
weak stock management and Puget Sound fisheries impact ocean salmon
fisheries.
Comments on alternatives for fisheries south of Cape Falcon. Most
comments received in writing, at public hearings, and in public
comments at the April 2015 Council meeting addressed fisheries south of
Cape Falcon and specifically measures proposed to protect SWRC in light
of drought and unfavorable ocean conditions. Alternative III in
particular included management measures, including closing some fall
fisheries south of Cape Falcon, that would reduce the impacts on SWRC
below the level required by the reasonable and prudent alternative in
NMFS' biological opinion. Most comments early in the process opposed
this alternative or expressed preference for other alternatives.
Alternative I was supported by six commercial and seven recreational
fishery commenters that attended public hearings. Eight commercial
fishery commenters at the public hearings supported a modification of
Alternative II that was proposed by fishermen's marketing association;
one commenter opposed the proposal. Nine commenters at the public
hearings opposed the closure of fall fisheries, particularly south of
Point Arena to protect SRWC, proposed in Alternative III, while three
commenters from the commercial fishery sector expressed concern about
the impact on September fisheries on future salmon production due to
California's drought and warm ocean conditions. Of written comments,
from fishing groups and individuals, most expressed concern over how
fisheries management alternatives would address limiting fishery
impacts to endangered SRWC, several stated that they did not support
closing fall fisheries. Public comments at the April 2015 Council
meeting also expressed concern over SRWC, but likely based on new
information provided by the California Department of Fish and Wildlife
(CDFW) on time and area vulnerability of SRWC to commercial and
recreational fisheries, comments received at the meeting expressed
support for constraining fall fisheries to limit impacts to SRWC. In
particular, some commenters who had previously opposed Alternative III
supported the management measures ultimately adopted by the Council in
comments provided prior to or at the April Council meeting.
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 by
one commenter north of Cape Falcon and one commenter south of Cape
Falcon.
The Council, including the NMFS representative, took all of these
comments into consideration. The Council's final recommendation
generally includes aspects of all three alternatives, while taking into
account the best available scientific information and ensuring that
fisheries are consistent with ESA consultation standards, ACLs, PST
obligations, and tribal fishing rights. These management tools assist
the Council in meeting impact limits on weak stocks. The Council
adopted alternative I for incidental halibut retention, this
alternative is consistent with retention limits adopted for 2014 salmon
fisheries and April 2015 salmon fisheries (79 FR 24580, May 1, 2014).
Management Measures for 2015 Fisheries
The Council-recommended ocean harvest levels and management
measures for the 2015 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, through this final rule, approves and implements the
Council's recommendations.
North of Cape Falcon, the 2015 management measures for non-Indian
commercial troll and recreational fisheries have increased quotas for
Chinook salmon and decreased quotas for coho salmon, compared to 2014.
This is due primarily to the fact that forecasts for Chinook stocks
north of Cape Falcon are generally higher than in 2014, and forecasts
for coho are generally lower. 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 2015. As
noted previously, Puget Sound Chinook are somewhat constraining on the
2015 fisheries in order to allow sufficient numbers of fish to reach
inside fisheries. Impacts in Alaskan and Canadian fisheries on salmon
stocks originating north of Cape Falcon are expected to increase
slightly for coho in 2015 compared with 2014. However, there is
uncertainty regarding impacts of northern fisheries on Chinook salmon,
as the Pacific Salmon Commission's Chinook Technical Committee (CTC)
did not reach consensus on adopting a new CTC Chinook model calibration
that is used to provide impacts for northern fisheries to the Fishery
Regulation Assessment Model (FRAM). To address this uncertainty, the
Council relied on the CTC's preliminary calibration, as this is
[[Page 25615]]
currently the best available information regarding likely northern
fishery impacts. This resulted in slightly lower impacts from northern
fisheries than in 2014. With respect to coho, North of Cape Falcon
fisheries are limited in 2015 by the need to protect coho salmon from
the Thompson River in Canada. ESA consultation standards for threatened
LCR coho and Oregon Coast natural coho also apply to these fisheries
but these are not limiting in 2015. Washington coastal and Puget Sound
Chinook generally migrate to the far north and are not greatly 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. Ocean
fisheries are also structured to provide for in-river fisheries on
Queets River coho. North of Cape Alava, WA, the Council recommended a
provision prohibiting retention of chum salmon in the salmon fisheries
during August and September to protect ESA listed Hood Canal summer
chum. The Council has recommended such a prohibition since 2002 (67 FR
30616, May 7, 2002).
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 2015 is above the 2014 projection. Under
the management measures in this final rule, and including anticipated
in-river fishery impacts, spawning escapement for SRFC is projected at
341,017, well above the SACL for this stock. Projected
abundance for KRFC in 2015 is much lower than the very strong
projections in 2012 and 2013, but higher than in 2014. Regardless, the
commercial fishery that impacts KRFC will be constrained by the CCC
consultation standard that limits the forecast KRFC age-4 ocean harvest
rate to a maximum of 16 percent. Under the management measures in this
final rule, and including anticipated in-river fishery impacts,
spawning escapement for KRFC is projected at 40,700, again well above
the SACL for the stock.
As discussed above in ``Stocks of Concern,'' NMFS' 2012 RPA for
SRWC, together with projected abundance for 2015, limits Council-area
fishery impacts to SRWC to 19.0 percent. In deciding on the recommended
management measures, the Council additionally considered information on
the impacts of ongoing drought on California salmon stocks,
particularly SRWC, including estimated freshwater mortality of 95
percent of the 2014 SRWC brood year juveniles, information related to
warm ocean conditions in 2015, information developed by CDFW on time
and area vulnerability of SRWC to commercial and recreational
fisheries, and public testimony on proposed season structure. Based on
this information, the Council adopted management measures that limit
age-3 impact rate on SRWC to 17.5 percent. In response to the
information presented by CDFW on the time and area vulnerability of
SRWC, the final management measures include specific limits on the
fishing seasons south of Pigeon Point.
The treaty-Indian commercial troll fishery quota for 2015 is 60,000
Chinook salmon in ocean management areas and Washington State
Statistical Area 4B combined. This quota is lower than the 62,500
Chinook salmon quota in 2014, 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
30,000 Chinook salmon, and an all-salmon season beginning July 1 with a
30,000 Chinook salmon sub-quota. The coho quota for the treaty-Indian
troll fishery in ocean management areas, including Washington State
Statistical Area 4B, for the July-September period is 42,500 coho,
lower than in 2014.
The Council is recommending one new provisions for 2015 fisheries,
based on the concurrence of its Enforcement Consultants. Previously,
all salmon on board a vessel were required 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.
Further, salmon were permitted to be landed in an area that has been
closed for a species of salmon more than 96 hours only if they meet the
minimum size, landing/possession limit, or other special requirements
for the area in which they were caught. In 2015 the area closure
requirements are reduced to from 96 to 48 hours.
Management Measures for 2016 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 2016 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 2016 as indicated in the Season Description
section of this document. At the March 2016 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 2015 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 2015 and, as specified,
for 2016.
Section 1. Commercial Management Measures for 2015 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 40,200 Chinook, no more than
9,000 of which may be caught in the area between the U.S./Canada border
and the Queets River and no more than 15,000 may be caught in the area
between Leadbetter Point and Cape Falcon. Seven days per week with a
landing and possession limit of 60 Chinook per vessel per trip from the
U.S./Canada
[[Page 25616]]
border to the Queets River (C.1). All salmon except coho (C.4, C.7).
Chinook minimum size limit of 28 inches total length (B). 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. See compliance requirements
and gear restrictions and definitions (C.2, C.3). When it is projected
that 29,250 Chinook have been landed overall, or 6,750 Chinook have
been landed in the area between the U.S./Canada border and the Queets
River, or 11,250 Chinook have been landed in the area between
Leadbetter Point and Cape Falcon, 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 the Oregon Department of Fish and Wildlife (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 (C.8).
July 1 through earlier of September 22 or attainment of the quota
of 26,800 Chinook, no more than 11,000 of which may be caught in the
area between the U.S./Canada border and the Queets River, or 19,200
marked coho (C.8.d). July 1 through 7, then Friday through Tuesday,
July 10 through September 22 with a landing and possession limit of 50
Chinook and 50 coho per vessel per open period (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. When it is projected that 19,500 Chinook have been landed
overall, or 8,250 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 (C.8).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
April 1 through August 27;
September 2 through September 30 (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). All vessels
fishing in the area must land their fish in the State of Oregon. See
gear restrictions and definitions (C.2, C.3) and Oregon State
regulations for a description of special regulations at the mouth of
Tillamook Bay.
Beginning September 2, no more than 60 Chinook per vessel per
landing week (Thursday through Wednesday).
In 2016, the season will open March 15, all salmon except coho.
Chinook minimum size limit of 28 inches total length. Gear restrictions
same as in 2015. This opening could be modified following Council
review at its March 2016 meeting
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
April 1 through May 31;
June 1 through earlier of June 30, or a 1,800 Chinook quota;
July 1 through earlier of July 31, or a 1,000 Chinook quota;
August 1 through earlier of August 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 1 through August 27, single daily landing and
possession limit of 30 Chinook per vessel per day (C.8.f). 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. 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. Oregon State
regulations require fishers landing salmon from any quota managed
season within this area to notify ODFW within one hour of
[[Page 25617]]
delivery or prior to transport away from the port of landing by either
calling 541-867-0300 Ext. 252 or sending notification via email to
KMZOR.trollreport@state.or.us. Notification shall include vessel name
and number, number of salmon by species, port of landing and location
of delivery, and estimated time of delivery. See compliance
requirements (C.1) and gear restrictions and definitions (C.2, C.3).
In 2016, the season will open March 15 for all salmon except coho,
with a 28 inch Chinook minimum size limit. This opening could be
modified following Council review at its March 2016 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
September 11 through earlier of September 30, or 3,000 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 28 inches total
length (B, C.1). Landing and possession limit of 20 Chinook per vessel
per day (C.8.f). 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)
May 1 through 31;
June 15 through 30;
July 12 through 31;
August 1 through 26;
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. All salmon caught in California prior to
September 1 must be landed and offloaded no later than 11:59 p.m.,
August 30 (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 2016, 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 2015. All fish caught in the area must be
landed in the area. This opening could be modified following Council
review at its March 2016 meeting.
--Point Arena to Pigeon Point (San Francisco)
May 1 through 31;
June 7 through 30;
July 8 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. All
salmon caught in California prior to September 1 must be landed and
offloaded no later than 11:59 p.m., August 30 (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 2, 5 through 9, and 12 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 Point Sur (Monterey North)
May 1 through 31;
June 7 through 30;
July 8 through 31;
August 1 through 15 (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. All salmon caught in California prior to
September 1 must be landed and offloaded no later than 11:59 p.m.,
August 30 (C.6). See compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
--Point Sur to U.S./Mexico Border (Monterey South)
May 1 through 31;
June 7 through 30;
July 8 through 31 (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. All salmon caught in California prior to
September 1 must be landed and offloaded no later than 11:59 p.m.,
August 30 (C.6). See compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
California State regulations require 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 (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 -- -- None.
OR/CA Border to Humboldt South 28.0 21.5 -- -- None.
Jetty.
Horse Mountain to Point Arena.... 27.0 20.5 -- -- None.
Point Arena to Pigeon Point
Prior to August 30........... 27.0 20.5 -- -- None.
September 1 to October 15.... 26.0 19.5 -- -- None.
[[Page 25618]]
Pigeon Point to U.S./Mexico 27.0 20.5 -- -- None.
Border.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 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. 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 48 hours for that species of salmon. Salmon may
be landed in an area that has been closed for a species of salmon more
than 48 hours only if they meet the minimum size, landing/possession
limit, or other special requirements for the area in which they were
caught. Salmon may not be filleted prior to landing.
Any person who is required to report a salmon landing by applicable
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 be kept on board the vessel for
90 days or more after landing to account for all previous salmon
landings.
C.2. Gear Restrictions
a. Salmon may be taken only by hook and line using single point,
single shank, barbless hooks.
b. Cape Falcon, Oregon, to the 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.
[[Page 25619]]
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 2016 for 2016 permits
(exact date to be set by the IPHC in early 2016). Incidental harvest is
authorized only during April, May, and June of the 2015 troll seasons
and after June 30 in 2015 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
IPHC's 29,035 pound preseason allocation or the total Area 2A non-
Indian commercial halibut allocation, NMFS will take inseason action to
prohibit retention of halibut in the non-Indian salmon troll fishery.
May 1, 2015, through December 31, 2015, and April 1-30, 2016,
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 2015, prior to any 2015 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2016, unless otherwise modified by inseason action at
the March 2016 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 Council
Halibut Catch Sharing Plan in the North Coast subarea (Washington
marine area 3), with the following coordinates in the order listed:
48[deg]18' N. lat.; 125[deg]18' W. long.;
48[deg]18' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 125[deg]18' W. long.;
and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.
C.8. Inseason Management
In addition to standard inseason actions or modifications already
noted under the season description, the following inseason guidance
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. 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.
c. 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.
d. At the March 2016 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2015).
e. 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.
f. 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 2015 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 15 through 16, May 22 through 23, and May 30 through June 12 or
a coastwide marked Chinook quota of 10,000 (C.5).
Seven days per week. All salmon except coho, two fish per day. 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 30 through earlier of June 12 or a coastwide marked Chinook
quota of 10,000 (C.5)
Seven days per week. All salmon except coho, two fish per day. 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 30 through earlier of June 12 or a coastwide marked Chinook
quota of 10,000 (C.5).
[[Page 25620]]
Seven days per week. All salmon except coho, two fish per day. 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 13 through earlier of September 30 or 14,850 marked coho
subarea quota with a subarea guideline of 8,400 Chinook (C.5).
Seven days per week. All salmon except no chum beginning August 1;
two fish per day plus two additional pink. All coho must be marked with
a healed adipose fin clip (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 13 through earlier of September 30 or 3,610 marked coho
subarea quota with a subarea guideline of 2,600 Chinook (C.5).
October 1 through earlier of October 11 or 100 marked coho quota or
100 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 plus two
additional pink. All coho must be marked with a healed adipose fin clip
(C.1). See gear restrictions and definitions (C.2, C.3). Inseason
management may be used to sustain season length and keep harvest within
the overall Chinook and coho recreational TACs for north of Cape Falcon
(C.5).
--Queets River to Leadbetter Point (Westport Subarea)
June 13 through earlier of September 30 or 52,840 marked coho
subarea quota with a subarea guideline of 27,900 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 (C.1). See gear restrictions and definitions (C.2,
C.3). Grays Harbor Control Zone closed beginning August 11 (C.4.b).
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 13 through earlier of September 30 or 79,400 marked coho
subarea quota with a subarea guideline of 15,000 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 (C.1). See gear restrictions and definitions (C.2,
C.3). Columbia Control Zone closed (C.4.c). Inseason management may be
used to sustain season length and keep harvest within the overall
Chinook and coho recreational TACs for north of Cape Falcon (C.5).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
March 15 through October 31 (C.6), except as provided below during
the all-salmon mark-selective and September 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: September 4 through the
earlier of September 30 or a landed catch of 12,500 non-mark-selective
coho quota (C.5).
Seven days per week. 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 2016, 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 27 through earlier of
August 9 or a landed catch of 55,000 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 10 or
attainment of the coho quota.
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 1 through September 7 (C.6).
Seven days per week. All salmon except coho, except as noted above
in the all-salmon mark-selective coho fishery; 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 1 through September 7 (C.6).
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). 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 4 through November 8 (C.6).
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 2016, season opens April 2 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 2015 (C.2, C.3).
--Point Arena to Pigeon Point (San Francisco)
April 4 through October 31 (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 through
April 30, 20 inches thereafter (B). See gear restrictions and
definitions (C.2, C.3).
In 2016, season opens April 2 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 2015 (C.2, C.3).
[[Page 25621]]
--Pigeon Point to Point Sur (Monterey North)
April 4 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 through May
31, 20 inches thereafter (B). See gear restrictions and definitions
(C.2, C.3).
In 2016, season opens April 2 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 2015 (C.2, C.3).
--Point Sur to U.S./Mexico Border (Monterey South)
April 4 through July 19 (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 through May
31, 20 inches thereafter (B). See gear restrictions and definitions
(C.2, C.3).
In 2016, season opens April 2 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 2015 (C.2, C.3).
California State regulations require 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
Code of Regulations Title 14 Section 1.73).
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.
OR/CA Border to Horse Mountain................. 20.0 .............. 20.0.
Horse Mountain to Point Arena.................. 20.0 .............. 20.0.
Point Arena to Pigeon Point:
Through April 30........................... 24.0 .............. 24.0.
After April 30............................. 20.0 .............. 20.0.
Pigeon Point to U.S./Mexico Border:
Through May 31............................. 24.0 .............. 24.0.
After May 31............................... 20.0 .............. 20.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, and 16.0in=40.6 cm.
C. 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
[[Page 25622]]
#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 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 2015 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 30,000 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 30,000 preseason
Chinook quota (C.5), or 42,599 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. 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 2014. Fish taken
[[Page 25623]]
during this fishery are to be counted against treaty troll quotas
established for the 2015 season (estimated harvest during the October
ceremonial and subsistence fishery: 20 Chinook; 40 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 March 17, 2015, NMFS published
a final rule (80 FR 13771) 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 2015. The regulations and management measures
provide that vessels participating in the salmon troll fishery in Area
2A (all waters off the States of Washington, Oregon, and California),
which have obtained the appropriate IPHC license, may retain halibut
caught incidentally during authorized periods in conformance with
provisions published with the annual salmon management measures. A
salmon troller may participate in the halibut incidental catch fishery
during the salmon troll season or in the directed commercial fishery
targeting halibut, but not both.
The following measures have been approved by the IPHC, and
implemented by NMFS. During authorized periods, the operator of a
vessel that has been issued an incidental halibut harvest license may
retain Pacific halibut caught incidentally in Area 2A while trolling
for salmon. Halibut retained must be no less than 32 inches (81.28 cm)
in total length, measured from the tip of the lower jaw with the mouth
closed to the extreme end of the middle of the tail, and must be landed
with the head on.
License applications for incidental harvest must be obtained from
the International Pacific Halibut Commission (IPHC) (phone: 206-634-
1838). Applicants must apply prior to mid-March 2016 for 2016 permits
(exact date to be set by the IPHC in early 2016). Incidental harvest is
authorized only during April, May, and June of the 2015 troll seasons
and after June 30 in 2015 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
29,035 pound preseason allocation or the total Area 2A non-Indian
commercial halibut allocation, NMFS will take inseason action to
prohibit retention of halibut in the non-Indian salmon troll fishery.
May 1, 2015, through December 31, 2015, and April 1-30, 2016,
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 2015, prior to any 2015 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2016, unless otherwise modified by inseason action at
the March 2016 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
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 published in 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 final rule is not significant under Executive Order 12866.
The Assistant Administrator for Fisheries finds good cause under 5
U.S.C. 553(b)(B), to waive the requirement for prior notice and
opportunity for public comment, as such procedures are impracticable
and contrary to the public interest.
The annual salmon management cycle begins May 1 and continues
through April 30 of the following year. May 1 was chosen because the
pre-May harvests constitute a relatively small
[[Page 25624]]
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 would require 30 to 60 days in addition to the two-month period
required for development of the regulations. Delaying implementation of
annual fishing regulations, which are based on the current stock
abundance projections, for an additional 60 days would require that
fishing regulations for May and June be set in the previous year,
without the benefit of information regarding current stock status. For
the 2015 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 2014). 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 2014 management
measures will continue to apply in most areas. This would result in
excessive impacts to some salmon stocks, including exceeding the
Endangered Species Act (ESA) consultation standard for Lower Columbia
River natural coho and Oregon Coast natural coho, as well as the
exploitation rate limit under the Pacific Salmon Treaty (PST) for
Canada's Interior Fraser (Thompson River) coho.
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)(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.
Because prior notice and an opportunity for public comment are not
required to be provided for these portions of this rule by 5 U.S.C.
553, or any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is required for this portion of the
rule and none has been prepared.
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
[[Page 25625]]
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
NMFS has current ESA biological opinions that cover fishing under
these regulations on all listed salmon species. NMFS reiterated their
consultation standards for all ESA listed salmon and steelhead species
in their annual Guidance letter to the Council dated March 3, 2015.
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 2015 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 2015 salmon management measures are
consistent with the terms of that biological opinion.
This final rule was developed after meaningful and collaboration
with the affected tribes. The tribal representative on the Council made
the motion for the regulations that apply to the tribal fisheries.
Authority: 16 U.S.C. 773-773k; 1801 et seq.
Dated: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-10421 Filed 5-1-15; 8:45 am]
BILLING CODE 3510-22-P