Fisheries Off West Coast States; West Coast Salmon Fisheries; 2018 Management Measures and a Temporary Rule, 19005-19019 [2018-09164]
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
implemented, as specified in paragraph
(a)(5)(i)(E) of this section, consistent
with the Administrative Procedure Act.
The AM areas for ocean pout are
defined in paragraph (a)(5)(i)(E)(4) of
this section, connected in the order
listed by rhumb lines, unless otherwise
noted. Vessels fishing with trawl gear in
these areas may only use a haddock
separator trawl, as specified in
§ 648.85(a)(3)(iii)(A); a Ruhle trawl, as
specified in § 648.85(b)(6)(iv)(J)(3); a
rope separator trawl, as specified in
§ 648.84(e); or any other gear approved
consistent with the process defined in
§ 648.85(b)(6).
*
*
*
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*
(iv) * * *
(C) 2018 fishing year threshold for
implementing the Atlantic sea scallop
fishery AM for SNE/MA yellowtail
flounder. For the 2018 fishing year, if
the scallop fishery catch exceeds its
SNE/MA yellowtail flounder sub-ACL
specified in paragraph (a)(4) of this
section, and total catch exceeds the
overall ACL for that stock, then the
applicable scallop fishery AM will take
effect, as specified in § 648.64 of the
Atlantic sea scallop regulations.
Beginning in fishing year 2019, the
threshold for implementing scallop
fishery AMs for SNE/MA yellowtail
flounder listed in paragraph (a)(5)(iv)(A)
of this section will be in effect.
*
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[FR Doc. 2018–09148 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170831849–8404–01]
RIN 0648–BH22
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2018
Management Measures and a
Temporary Rule
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; and a temporary rule
for emergency action.
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AGENCY:
Through this final rule, NMFS
establishes fishery management
measures for the 2018 ocean salmon
fisheries off Washington, Oregon, and
California and the 2019 salmon seasons
opening earlier than May 1, 2019. The
temporary rule for emergency action
SUMMARY:
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(emergency rule), under the MagnusonStevens Fishery Conservation and
Management Act (MSA), implements
the 2018 annual management measures
for the West Coast ocean salmon
fisheries for the area from the U.S./
Canada border to Cape Falcon, OR, from
May 1, 2018, through October 28, 2018.
The emergency rule is required because
allocation of coho harvest between
recreational and commercial fisheries
will not be consistent with the
allocation schedule specified in the
Pacific Coast Salmon Fishery
Management Plan (FMP) in order to
limit fishery impacts on Queets and
Grays Harbor coho and meet
conservation and management
objectives. The fishery management
measures for the area from Cape Falcon,
OR, to the U.S./Mexico border are
consistent with the FMP and are
implemented through a final rule.
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 nautical miles (nmi)) 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).
DATES: The final rule covering fisheries
south of Cape Falcon, OR, is effective
from 0001 hours Pacific Daylight Time
(PDT), May 1, 2018, until the effective
date of the 2019 management measures,
which will be published in the Federal
Register. The temporary rule covering
fisheries north of Cape Falcon, OR, is
effective from 0001 hours PDT, May 1,
2018, through 2400 hours PDT, October
28, 2018, or the attainment of the
specific quotas listed below in section
two of this rule.
ADDRESSES: The documents cited in this
document are available on the Pacific
Fishery Management Council’s
(Council’s) website (www.pcouncil.org).
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at (206) 526–4323.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ
off Washington, Oregon, and California
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19005
are managed under a ‘‘framework’’ 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 FMP, by notification in the
Federal Register. 50 CFR 660.408, in
addition to the FMP, governs the
establishment of annual management
measures.
The management measures for the
2018 and pre-May 2019 ocean salmon
fisheries that are implemented in this
final rule were recommended by the
Council at its April 5 to 11, 2018,
meeting.
Process Used To Establish 2018
Management Measures
The Council announced its annual
preseason management process for the
2018 ocean salmon fisheries in the
Federal Register on December 27, 2017
(82 FR 61268), and on the Council’s
website at www.pcouncil.org. NMFS
published an additional notice of
opportunities to submit public
comments on the 2018 ocean salmon
fisheries in the Federal Register on
January 23, 2018 (83 FR 3133). 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 the
development of the 2018 ocean salmon
fisheries. The agendas for the March and
April Council meetings were published
in the Federal Register (83 FR 7457,
February 21, 2018, and 83 FR 11991,
March 19, 2018, respectively) and
posted on the Council’s website prior to
the actual meetings.
In accordance with the 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 made
available on the Council’s website upon
their completion. The first of the
reports, ‘‘Review of 2017 Ocean Salmon
Fisheries,’’ was prepared in February
when the first increment of scientific
information necessary for crafting
management measures for the 2018 and
pre-May 2019 ocean salmon fisheries
became available. The first report
summarizes biological and socioeconomic data for the 2017 ocean
salmon fisheries and assesses the
performance of the fisheries with
respect to the Council’s 2017
management objectives. The second
report, ‘‘Preseason Report I Stock
Abundance Analysis and Environmental
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Assessment Part 1 for 2018 Ocean
Salmon Fishery Regulations’’ (PRE I),
provides the 2018 salmon stock
abundance projections and analyzes the
impacts on the stocks and Council
management goals if the 2017
regulations and regulatory procedures
were applied to the projected 2018 stock
abundances. The completion of PRE I is
the initial step in developing and
evaluating the full suite of preseason
alternatives.
Following completion of the first two
reports, the Council met in Rohnert
Park, CA, from March 7 to 14, 2018, to
develop 2018 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 ensure that stocks
of coho and Chinook salmon with low
abundance meet conservation goals, 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 2018 Ocean
Salmon Fishery Regulations’’ (PRE II),
which analyzes the effects of the
proposed 2018 management
alternatives.
The Council sponsored public
hearings to receive testimony on the
proposed alternatives on March 26,
2018, in Westport, WA, and Coos Bay,
OR; and on March 27, 2018, in Salinas,
CA. The States of Washington, Oregon,
and California sponsored meetings in
various fora 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
and electronic submissions via
www.regulations.gov.
The Council met from April 5 to 11,
2018, in Portland, OR, to adopt its final
2018 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 2018 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,
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published them in its newsletter, and
posted them on the Council website
(www.pcouncil.org).
National Environmental Policy Act
(NEPA)
The environmental assessment (EA)
for this action comprises the Council’s
documents described above (PRE I, PRE
II, and PRE III), providing analysis of
environmental and socioeconomic
effects under NEPA. The EA and its
related Finding of No Significant Impact
are posted on the NMFS West Coast
Region website
(www.westcoast.fisheries.noaa.gov).
Resource Status
Stocks of Concern
The FMP requires that the fisheries be
shaped to meet escapement-based
Annual Catch Limits (ACLs),
Endangered Species Act (ESA)
consultation requirements, obligations
of the Pacific Salmon Treaty (PST)
between the U.S. and Canada, and other
conservation objectives detailed in the
FMP. Because the ocean salmon
fisheries are mixed-stock fisheries, this
requires ‘‘weak stock’’ management to
avoid exceeding limits for the stocks
with the most constraining limits.
Abundance forecasts for individual
salmon stocks can vary significantly
from one year to the next; therefore, the
stocks that constrain the fishery in one
year may differ from those that
constrain the fishery in the next. For
2018, limits for six stocks are the most
constraining on the fisheries; these are
described below.
Fisheries south of Cape Falcon, OR,
are limited in 2018 primarily by
conservation concerns for Klamath
River fall-run Chinook salmon (KRFC)
and Sacramento River fall-run Chinook
salmon (SRFC); both stocks meet the
FMP criteria for being overfished,
although NMFS has not made a
determination at this time. Fisheries
north of Cape Falcon are limited
primarily by the low abundance forecast
for Queets and Grays Harbor coho
which are managed subject to
provisions of the Pacific Salmon Treaty
as well as those specified in the
Council’s FMP. The Queets coho stock,
as well as Juan de Fuca and Snohomish
coho stocks, meets the FMP criteria for
being overfished; although again, NMFS
has not made a determination at this
time. Additionally, collective fisheries
impacts on the tule component of the
ESA-listed Lower Columbia River
Chinook salmon evolutionarily
significant unit (ESU) and Puget Sound
Chinook salmon ESU are limiting
primarily to fisheries north of Cape
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Falcon. The limitations imposed in
order to protect these stocks are
described below. The alternatives and
the Council’s recommended
management measures for 2018 were
designed to avoid exceeding these
limitations.
Klamath River fall-run Chinook
salmon (KRFC): Abundance for this nonESA-listed stock in recent years has
been historically low, and it currently
meets the FMP’s status determination
criteria (SDC) for an overfished
condition based on spawning
escapement in 2015, 2016, and 2017.
The FMP defines ‘‘overfished’’ status in
terms of a three-year geometric mean
escapement level and whether it is
below the minimum stock size
threshold. Forecast abundance for KRFC
in 2017 was the lowest on record.
Forecast abundance for KRFC in 2018 is
improved from 2017, and fisheries will
be managed to meet the FMP
conservation objective, a maximum
sustainable yield spawning escapement
goal (SMSY) of 40,700 natural area
spawners. Fisheries south of Cape
Falcon, particularly in the Klamath
Management Zone (KMZ) from Humbug
Mountain, OR to Humboldt South Jetty,
CA will be somewhat constrained to
meet this goal, but less so than in 2017
when there was a complete closure of
commercial and recreational ocean
salmon fishing in the KMZ.
Sacramento River fall-run Chinook
salmon (SRFC): SRFC is not an ESAlisted stock; however, abundance for
this stock in recent years has been low.
In 2017, spawning escapement was 33
percent of what was forecast. The stock
currently meets the FMP’s SDC for an
overfished condition based on
escapements in 2015, 2016, and 2017.
Abundance forecast for SRFC in 2018 is
nearly identical to the forecast in 2017.
However, preseason abundance
forecasts for SRFC have tended to be
optimistic in recent years, when
compared to postseason abundance
estimates. For example, in 2017 the
preseason forecast for SRFC abundance
was 230,700, whereas the postseason
estimate was 139,997. In order to be
conservative given the frequent upward
bias in the abundance forecasts and the
fact that SRFC meet the FMP criteria for
overfished, the Council has
recommended fisheries to achieve a
spawning escapement of 151,000, the
mid-point of the FMP Conservation
Objective range (122,000 to 180,000
natural and hatchery adult spawners).
Meeting this risk averse spawning
escapement goal will constrain fisheries
south of Cape Falcon in 2018.
Queets coho: Queets coho are
managed in Council-area and northern
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fisheries subject to the provisions of the
PST. The 2018 abundance forecast for
this non-ESA-listed stock is low; 7,000
fish compared to a 2008–2017 average of
16,620 fish. The stock currently meets
the FMP’s criteria for an overfished
condition based on escapements in
2014, 2015, and 2016 (the three most
recent years for which escapement data
are available). The FMP’s conservation
objective for Queets coho is an SMSY
spawning escapement of 5,800 fish after
ocean and in-river fishery impacts.
Under the criteria of the PST’s Southern
Coho Management Plan, Queets coho
abundance is in the ‘‘low’’ category in
2018 and subject to a total exploitation
rate limit of 20 percent. The Council has
recommended fisheries that will meet
both the FMP’s escapement requirement
and the PST exploitation rate limit.
Meeting the conservation and
management objectives for Queets coho
will constrain fisheries north of Cape
Falcon.
Grays Harbor coho: Grays Harbor
coho is another non-ESA-listed stock
that, like Queets coho, is managed in
Council-area and northern fisheries
subject to provisions of the PST. The
forecast abundance for Grays Harbor
coho places this stock in the ‘‘low’’
category under the PST, which limits
the exploitation rate to 20 percent. The
U.S. Commissioner that represents
Washington State informed the
Canadian Chair of the Pacific Salmon
Commission that we anticipate a total
exploitation rate of 20.7 percent for
Grays Harbor coho and, given the small
deviation from the 20 percent limit,
recommended that we not invoke the
provisions of PST Chapter Five,
Paragraph 11(c) that involve the
Southern Panel. The Canadian Chair did
not object to the recommendation. The
result is that the action is in compliance
with provisions of the PST.
The FMP also includes a conservation
objective for Grays Harbor coho—a
spawning escapement of 35,400 fish.
Although the Council’s
recommendations would allow for an
ocean escapement of 40,500 Grays
Harbor coho, the conservation objective
in the FMP is for a spawning
escapement that accounts for in-river
fishery impacts. The FMP provides
flexibility in setting the annual
spawning escapement for several
Washington coho stocks, provided there
is agreement between the Washington
Department of Fish and Wildlife
(WDFW) and the treaty tribes, under the
provisions of U.S. v Washington. Based
on agreement between those parties, the
Council adopted a 2018 spawning
escapement target of 33,700 Grays
Harbor coho to allow for limited harvest
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opportunity in ocean and in-river
fisheries directed at other higherabundance stocks. Meeting the
conservation and management
objectives for Grays Harbor coho will
constrain fisheries, primarily north of
Cape Falcon.
Lower Columbia River Chinook
salmon (LCR Chinook)—ESA-listed
Threatened: 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 proposed action
analyzed in 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-run component, a ‘‘farnorth’’ migrating bright component, and
a component of north migrating tules.
The bright and tule components both
have fall-run timing. Unlike the springrun or bright populations of the ESU,
LCR tule populations are caught in large
numbers in Council fisheries, as well as
fisheries to the north and in the
Columbia River. Therefore, this
component of the ESU is the one most
likely to constrain Council fisheries in
the area north of Cape Falcon, Oregon.
Consistent with the proposed action for
the 2012 biological opinion, NMFS and
the Council use an abundance-based
management (ABM) framework to set
annual exploitation rates for LCR tule
Chinook salmon below Bonneville Dam.
Applying the ABM framework to the
2018 preseason abundance forecast, the
LCR tule exploitation rate is limited to
a maximum of 38 percent. In 2018, LCR
Chinook will primarily constrain
salmon fisheries north of Cape Falcon.
Puget Sound Chinook—ESA-listed
Threatened: Impacts on threatened
Puget Sound Chinook from Councilmanaged 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
usually consider the impacts of Councilarea and inside fisheries on Puget
Sound Chinook together, and they base
their analysis of the combined impacts
on a package of Puget Sound fisheries to
which the State of Washington and
Indian tribes with treaty rights to fish in
Puget Sound have agreed through a
negotiation process that runs concurrent
with the Council’s salmon season
planning process. In 2018, fisheries
north of Cape Falcon will be
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constrained to avoid jeopardy to several
populations within the Puget Sound
Chinook salmon ESU, when combined
with inside fisheries.
Sacramento River winter-run Chinook
salmon (SRWC)—ESA-listed
Endangered: The endangered SRWC
ESU is one of NMFS’ Species in the
Spotlight, eight species that are among
the most at risk of extinction in the near
future. Impacts on SRWC from Councilmanaged fisheries are addressed
through a set of management measures
analyzed in NMFS’ 2018 biological
opinion and approved by NMFS,
including a new harvest control rule
recommended by the Council for
limiting impacts on SRWC based on
projected abundance. The harvest
control rule was developed through the
Council process over two years. NMFS
published a final rule to approve the
Council’s recommendation (83 FR
18233, April 26, 2018). The SRWC
management measures include
management-area-specific fishing
season openings and closures and
minimum size limits for both
commercial and recreational fisheries,
these restrictions were included in a
2012 Reasonable and Prudent
Alternative NMFS issued for the fishery.
The new harvest control rule establishes
an allowable age-three impact rate based
on the forecast of age-three SRWC
escapement absent fishing. The forecast
of the age-three escapement absent
fishing is based on juvenile survival
rates spanning outmigration in
freshwater and early ocean residence.
The forecast of SRWC age-three
escapement absent fishing in 2018 is
1,594. Application of the harvest control
rule results in a maximum age-three
impact rate of 14.4 percent for the area
south of Point Arena in 2018. However,
constraints in place for SRFC will limit
impacts to SRWC to 8.5 percent;
therefore, SRWC will not constrain
fisheries south of Cape Falcon in 2018.
Annual Catch Limits and Status
Determination Criteria
Annual Catch Limits (ACLs) are set
for two Chinook salmon stocks, 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 subject to
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provisions of the PST between the U.S.
and 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 potential spawner
abundance forecast and a fishing rate
reduced to account for scientific
uncertainty. For SRFC in 2018, the
overfishing limit (OFL) is SOFL =
229,432 (potential spawner abundance
forecast) multiplied by 1¥FMSY
(1¥0.78) or 50,475 returning spawners
(FMSY is the fishing mortality rate that
would result in maximum sustainable
yield¥MSY). SABC is 229,432
multiplied by 1¥FABC (1¥0.70) (FMSY
reduced for scientific uncertainty =
0.70) or 68,830. The SACL is set equal to
SABC, i.e., 68,830 spawners. The adopted
management measures provide for a
projected SRFC spawning escapement of
151,000. For KRFC in 2018, SOFL is
59,733 (potential spawner abundance
forecast) multiplied by 1¥FMSY
(1¥0.71), or 17,323 returning spawners.
SABC is 59,733 multiplied by 1¥FABC
(1¥0.68) (FMSY reduced for scientific
uncertainty = 0.68) or 19,115 returning
spawners. SACL is set equal to SABC, i.e.,
19,115 spawners. The adopted
management measures provide for a
projected KRFC spawning escapement
of 40,700. For Willapa Bay natural coho
in 2018, SOFL = 20,645 (potential
spawner abundance forecast) multiplied
by 1¥FMSY (1¥0.74) or 5,368 returning
spawners. SABC is 20,645 multiplied by
1¥FABC (1¥0.70) (FMSY reduced for
scientific uncertainty = 0.70) or 6,194.
SACL is set equal to SABC, i.e., 6,194
spawners. The adopted management
measures provide for a projected
Willapa Bay natural coho ocean
escapement of 19,000.
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 LCR and Puget Sound
Chinook salmon, as well as four salmon
stocks that are not ESA-listed. For 2018,
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
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in escapements greater than required to
meet the ACLs for all three stocks with
defined ACLs.
Emergency Rule
The Council’s final recommendation
for the ocean salmon fishing seasons
that commence May 1, 2018, deviates
from the FMP specifically with regard to
the FMP’s allocation schedule for coho
harvest in the area north of Cape Falcon,
between commercial and recreational
fisheries. The total allowable catch
(TAC) of coho in non-treaty commercial
and recreational fisheries north of Cape
Falcon is 47,600 marked coho in 2018.
At that TAC level, the FMP allocates 25
percent (16 percent marked coho
equivalent) of coho to the commercial
fishery and 75 percent (84 percent
marked coho equivalent) of coho to the
recreational fishery. To limit fishery
impacts on coho consistent with the
adopted spawning escapement and
exploitation rates described above, the
Council recommended the following
allocations of marked coho TAC: 12
percent commercial and 88 percent
recreational. Recreational fisheries are
more dependent on coho, while
commercial fisheries are more
dependent on Chinook salmon.
Additionally, in mark-selective
fisheries, recreational fisheries have a
lower impact rate than commercial
fisheries due to lower hook and release
mortality. This deviation from the FMP
allocation schedule should provide
fishing opportunity on abundant stocks
while limiting fishery impacts on
Queets coho.
The Council considered three
alternative fishery management schemes
for the fisheries north of Cape Falcon;
one of the three alternatives was
inconsistent with the FMP coho
allocation schedule. Alternative I would
have limited the commercial fishery to
12 percent of the north of Falcon
marked coho TAC, inconsistent with the
FMP allocation schedule between
commercial and recreational fisheries;
Alternatives II and III would have been
consistent with the FMP coho allocation
schedule. The Council’s state and tribal
representatives, and industry advisory
committee, supported consideration of
these three alternatives. The Council’s
final recommended management
measures are within the range of the
three alternatives in terms of impacts to
coho and they meet the FMP
conservation objectives. The Council
voted unanimously to adopt these
measures, and members spoke about the
need to conserve Queets and Grays
Harbor coho while providing harvest
opportunity on abundant stocks to
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provide economic benefit to fishery
dependent communities.
The proposed fisheries are designed
to minimize impacts on Queets and
Grays Harbor coho and are not expected
to jeopardize the capacity of the fishery
to produce maximum sustainable yield
on a continuing basis. The FMP defines
overfishing and overfished status for
these stocks. No coho stock would be
subject to overfishing under the
proposed management measures. Queets
coho currently meet the FMP’s SDC for
an overfished condition based on
escapements in 2014, 2015, and 2016.
Escapement for Queets coho is not yet
available for 2017; however, fisheries in
2017 were managed similar to the
Council’s proposed 2018 fisheries, to
conserve fishery impacts to Queets and
other coho stocks.
The temporary rule for emergency
action implements the 2018 annual
management measures for the West
Coast ocean salmon fisheries for the area
from the U.S./Canada border to Cape
Falcon, OR, for 180 days, from May 1,
2018, through October 28, 2018 (16
U.S.C. 1855(c)).
Public Comments
The Council invited written
comments on developing 2018 salmon
management measures in their notice
announcing public meetings and
hearings (82 FR 61268, December 27,
2017). At its March meeting, the Council
adopted three alternatives for 2018
salmon management measures having a
range of quotas, season structure, and
impacts, from the least restrictive in
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 229 people; 80 people
provided oral comments. Comments
came from individual fishers, fishing
associations, fish buyers, and
processors. Written and oral comments
addressed the 2018 management
alternatives described in PRE II, and
generally expressed preferences for a
specific alternative or for particular
season structures as well as concern
over economic impacts of restricting
fisheries for conservation of weak
stocks. All comments were included in
the Council’s briefing book for their
April 2018 meeting and were
considered by the Council, which
includes a representative from NMFS, in
developing the recommended
management measures transmitted to
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NMFS on April 19, 2018. In addition to
comments collected at the public
hearings and those submitted directly to
the Council, several people provided
oral comments at the April 2018
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 notice (83 FR
3133, January 23, 2018). Twenty
comments were submitted via
www.regulations.gov; of these, two were
relevant to the 2018 ocean salmon
fishery.
Comments on alternatives for fisheries
north of Cape Falcon. For fisheries
north of Cape Falcon, Alternative I was
favored by most commercial and
recreational fishery commenters at the
public hearing in Westport, WA. A
variety of modifications to the
alternatives were presented, most
designed to maximize fishing
opportunity or extend the season in
both commercial and recreational
fisheries.
Comments on alternatives for fisheries
south of Cape Falcon. Comments
supporting a particular alternative south
of Cape Falcon varied with geographic
location of the meeting or commenter.
Those attending the meeting in Coos
Bay, OR, largely favored Alternative I
for both commercial and recreational
fisheries, while those attending the
meeting in Salinas, CA, did not express
support for any of the commercial
fishery alternatives and the few
attendees who expressed a preference
for any of the recreational alternatives
favored Alternative I. Comments on
fisheries south of Cape Falcon largely
focused on the economic consequences
of continuing constrained fisheries.
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. The alternatives included:
(1) A range of trip limits for halibut
possession and landing, (2) two
alternatives for the ratio of halibut to
Chinook salmon landed in a trip, and (3)
the number of halibut that could be
retained prior to catching any Chinook
salmon. There were a few comments
received on halibut and these focused
on the ability to access the full halibut
allocation as Chinook salmon landing
limits will be constrained in many areas
(severely constrained salmon fisheries
in 2016 resulted in the commercial fleet
being unable to access all of the
incidental halibut allocation available).
Comments from treaty tribe
representatives. At its March and April
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
meetings, the Council heard testimony
from members of several treaty tribes;
additional comments were submitted in
writing. There was strong concern about
environmental conditions in the
Klamath and Trinity Rivers that are
deleterious to salmon survival,
including promoting increased rates of
infection by the parasite Ceratonova
shasta. Comments were made on the
need for sufficient spawning
escapement in the Columbia River Basin
and in support of successful artificial
propogation and reintroduction efforts
implemented there by the tribes.
Comments were made on the reserved
treaty rights of tribes to fish and
frustration with insufficient salmon for
tribal needs.
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 impact limits for ESA–
listed stocks, ACLs, PST obligations,
and tribal fishing rights. These
management tools assist the Council in
meeting impact limits on weak stocks.
The Council adopted an alternative for
incidental halibut retention that is
within the range of the alternatives
considered, including a per trip landing
limit that is lower than was adopted for
2017 salmon fisheries (82 FR 19631,
April 28, 2017).
Management Measures for 2018
Fisheries
The Council’s recommended ocean
harvest levels and management
measures for the 2018 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 to be responsive to
the goals of the FMP, the requirements
of the resource, and the socioeconomic
factors affecting resource users. The
recommendations are consistent with
the requirements of the MSA, 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
are consistent with the proposed actions
analyzed in NMFS’ ESA consultations
for those ESA-listed salmon species that
may be affected by Council fisheries.
Accordingly, NMFS, through this final
rule and temporary rule, approves and
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19009
implements the Council’s
recommendations.
North of Cape Falcon, 2018
management measures for non-Indian
commercial troll and recreational
fisheries have decreased quotas for
Chinook salmon compared to 2017, and
coho quotas are the same as in 2017.
Quotas for the 2018 treaty-Indian
commercial troll fishery North of Cape
Falcon are 40,000 Chinook salmon and
12,500 coho in ocean management areas
and Washington State Statistical Area
4B combined. These quotas are
unchanged from 2017. The treaty-Indian
commercial fisheries include a May and
June fishery with a quota of 16,000
Chinook, and a July and August fishery,
with quotas of 24,000 Chinook and
12,500 coho.
Recreational fisheries south of Cape
Falcon will be directed primarily at
Chinook salmon and are shaped to meet
conservation and management goals for
KRFC and SRFC spawning escapement.
Commercial fisheries south of Cape
Falcon will be directed at Chinook and
have no coho retention.
Management Measures for 2019
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 2019 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
2019 as indicated in the ‘‘Season
Description’’ section of this document.
At the March 2019 meeting, NMFS may
take inseason action, if recommended
by the Council or the states, 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 ocean
salmon fishery. Open seasons and days
are described in Sections 1, 2, and 3 of
the 2018 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
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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,
approved, and implemented here for
2018 and, as specified, for 2019.
Section 1. Commercial Management
Measures for 2018 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
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North of Cape Falcon, OR
—U.S./Canada Border to Cape Falcon
May 1 through the earlier of June 30 or
16,500 Chinook, no more than 5,200
of which may be caught in the area
between the U.S./Canada border and
the Queets River and no more than
4,600 of which may be caught in the
area between Leadbetter Point and
Cape Falcon (C.8). Open seven days
per week (C.1). All salmon except
coho may be retained (C.4, C.7).
Chinook minimum size limit of 28
inches total length (B). See
compliance requirements (C.1) and
gear restrictions and definitions (C.2,
C.3). Chinook landing and possession
limits per vessel per landing week
(Thursday through Wednesday) are in
place:
U.S./Canada border to the Queets River:
50 Chinook;
Queets River to Leadbetter Point: 100
Chinook;
Leadbetter Point to Cape Falcon: 50
Chinook (C.1, C.6).
When it is projected that
approximately 60 percent of the overall
Chinook guideline has been landed, or
approximately 60 percent of the
Chinook subarea guideline has been
landed in the area between the U.S./
Canada border and the Queets River, or
approximately 60 percent of the
Chinook subarea guideline has been
landed in the area between Leadbetter
Point and Cape Falcon, inseason action
will be considered to ensure the
guideline is not exceeded.
July 1 through the earlier of
September 19 or 11,000 Chinook or
5,600 coho, no more than 4,600 Chinook
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
may be caught in the area between the
U.S./Canada border and the Queets
River, and no more than 1,300 Chinook
may be caught in the area between
Leadbetter Point and Cape Falcon (C.8).
Open seven days per week. All salmon
may be retained, except no chum
retention north of Cape Alava,
Washington, in August and September
(C.4, C.7). Chinook minimum size limit
of 28 inches total length. Coho
minimum size limit of 16 inches total
length (B, C.1). All coho must be marked
with a healed adipose fin clip (C.8.e).
See compliance requirements (C.1) and
gear restrictions and definitions (C.2,
C.3). In the area between the U.S./
Canada border and the Queets River and
the area between Leadbetter Point and
Cape Falcon, a landing and possession
limit of 50 Chinook per vessel per
landing week (Thursday through
Wednesday) will be in place (C.1, C.6).
Landing and possession limit of 10 coho
per vessel per landing week (C.1). When
it is projected that approximately 60
percent of the overall Chinook guideline
has been landed, or approximately 60
percent of the Chinook subarea
guideline has been landed in the area
between the U.S./Canada border and the
Queets River, or approximately 60
percent of the Chinook subarea
guideline has been landed in the area
between Leadbetter Point and Cape
Falcon, inseason action will be
considered to ensure the guideline is
not exceeded.
For all commercial troll fisheries
north of Cape Falcon: Mandatory closed
areas include: Salmon Troll Yelloweye
Rockfish Conservation Area (YRCA),
Cape Flattery and Columbia Control
Zones, and, beginning August 13, Grays
Harbor Control Zone (C.5). Vessels must
land and deliver their salmon 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
all species of 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 all species of fish
within the area and south of Leadbetter
Point, except that Oregon permitted
vessels may also land all species of fish
in Garibaldi, OR. 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, WA, and
Cape Falcon, OR, must notify Oregon
Department of Fish and Wildlife
(ODFW) within one hour of delivery or
prior to transport away from the port of
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Fmt 4700
Sfmt 4700
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). Vessels in
possession of salmon north of the
Queets River may not cross the Queets
River line without first notifying WDFW
at (360) 249–1215 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) 249–1215 with area fished, total
Chinook, coho, and halibut catch
aboard, and destination.
South of Cape Falcon, OR
—Cape Falcon to Humbug Mountain
May 4–14, and 19–31;
June 4–12, and 16–30;
July 5–12, and 16–31;
August 3–7, 13–17, and 25–29;
September 1–October 31 (C.9.a).
Open seven days per week. All
salmon except coho may be retained
(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 1, no more than 50 Chinook
allowed per vessel per landing week
(Thursday through Wednesday); and
only open shoreward of the 40 fathom
management line beginning October 1.
In 2019, the season will open March
15 for all salmon except coho. Chinook
minimum size limit of 28 inches total
length. Gear restrictions same as in
2018. This opening could be modified
following Council review at its March
2019 meeting.
—Humbug Mountain to Oregon/
California Border (Oregon KMZ)
May 4–14, and 19–31;
June 4–12, and 16–30, or a 1,500
Chinook quota;
July 5–12, and 16–31, or a 2,000
Chinook quota;
August 3–7, 13–17, and 25–29, or a 500
Chinook quota; (C.9.a).
Open seven days per week. All
salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit
of 28 inches total length (B, C.1). See
compliance requirements (C.1) and gear
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restrictions and definitions (C.2, C.3).
Prior to June 1, all salmon caught in this
area must be landed and delivered in
the state of Oregon. June 4 through
August 29 weekly landing and
possession limit of 50 Chinook per
vessel per landing week (Thursday
through Wednesday). Any remaining
portion of a monthly Chinook quota
may be transferred inseason on an
impact neutral basis to the next open
quota period (C.8.b). All vessels fishing
in this area from June through August
must land and deliver all salmon within
this area or into Port Orford, within 24
hours of any closure of this fishery, and
prior to fishing outside of this area. For
all quota managed seasons, Oregon state
regulations require fishers to notify
ODFW within one hour of landing and
prior to transport away from the port of
landing by calling (541) 867–0300
extension 252 or sending notification
via email to kmzor.trollreport@
state.or.us, with vessel name and
number, number of salmon by species,
location of delivery, and estimated time
of delivery. In 2019, the season will
open March 15 for all salmon except
coho. Chinook minimum size limit of 28
inches total length. Gear restrictions
same as in 2018. This opening could be
modified following Council review at its
March 2019 meeting.
—Oregon/California Border to
Humboldt South Jetty (California KMZ)
May 1 through the earlier of May 29, or
a 3,600 Chinook quota;
June 1 through the earlier of June 30, or
a 4,000 Chinook quota;
July 1 through the earlier of July 31, or
a 4,000 Chinook quota;
August 3 through the earlier of August
31, or a 4,000 Chinook quota (C.9.b).
Open five days per week (Friday
through Tuesday). All salmon except
coho may be retained (C.4, C.7).
Chinook minimum size limit of 26
inches total length (B, C.1). Landing and
possession limit of 20 Chinook per
vessel per day (C.8.f). Any remaining
portion of a monthly Chinook quota
may be transferred inseason on an
impact neutral basis to the next open
quota period (C.8.g). See compliance
requirements (C.1) and gear restrictions
and definitions (C.2, C.3). 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). Klamath
Control Zone closed (C.5.e). See
California State regulations for
additional closures adjacent to the
Smith and Klamath Rivers.
—Humboldt South Jetty to Horse Mt.
Closed.
For all commercial fisheries south of
Cape Falcon: 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, OR,
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).
—Horse Mt. to Point Arena (Fort Bragg)
July 26–31;
August 3–29;
September 1–30 (C.9.b).
Open seven days per week. All
salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit
of 26 inches total length (B, C.1). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
All salmon must be landed in
California. All salmon caught in the area
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 until the California KMZ
fishery has been closed for at least 24
hours (C.6). During September, all fish
must be landed north of Point Arena
(C.6). In 2019, the season will open
April 16–30 for all salmon except coho,
with a 27 inch Chinook minimum size
limit and the same gear restrictions as
in 2018. All salmon caught in the area
must be landed in the area. This
opening could be modified following
Council review at its March 2019
meeting.
—Point Arena to Pigeon Point (San
Francisco)
July 26–31;
August 3–29;
September 1–30 (C.9.b).
Open seven days per week. All
salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit
of 26 inches total length (B, C.1). See
Jkt 244001
October 1–5 and 8–12.
Open five days per week, Monday
through Friday. All salmon except coho
may be retained (C.4, C.7). Chinook
minimum size limit of 26 inches total
length (B, C.1). All salmon caught in
this area must be landed between Point
Arena and Pigeon Point (C.6). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
—Pigeon Point to U.S./Mexico Border
(Monterey)
May 1–7;
June 19–30 (C.9.b).
Open seven days per week. All
salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit
of 26 inches total length (B, C.1). See
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
All fish must be landed in California.
All salmon caught in the area must be
landed and offloaded no later than 11:59
p.m., July 15 (C.6). When the California
KMZ fishery is open, all fish caught in
the area must be landed south of Horse
Mountain until the California KMZ
fishery has been closed for at least 24
hours (C.6).
For all commercial troll fisheries in
California: California State regulations
require all salmon be made available to
a California Department of Fish and
Wildlife (CDFW) representative for
sampling immediately at port of
landing. Any person in possession of a
salmon with a missing adipose fin, upon
request by an authorized agent or
employee of the CDFW, shall
immediately relinquish the head of the
salmon to the state (California Fish and
Game Code § 8226).
B. Minimum Size (Inches) (See C.1)
Coho
Pink
Total length
North of Cape Falcon, OR ..................................................
Cape Falcon to Humbug Mountain .....................................
16:12 Apr 30, 2018
—Point Reyes to Point San Pedro (Fall
Area Target Zone)
Chinook
Area
(when open)
VerDate Sep<11>2014
compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
All salmon must be landed in
California. All salmon caught in the area
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 until the California KMZ
fishery has been closed for at least 24
hours (C.6). During September, all fish
must be landed south of Point Arena
(C.6).
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Head-off
28.0
28.0
Fmt 4700
Sfmt 4700
21.5
21.5
Total length
Head-off
16
........................
12
........................
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Chinook
Area
(when open)
Coho
Pink
Total length
Humbug Mountain to OR/CA border ...................................
OR/CA border to Humboldt South Jetty ..............................
Horse Mountain to Point Arena ...........................................
Point Arena to Pigeon Point ................................................
Pigeon Point to U.S./Mexico border ....................................
Head-off
28.0
26.0
26.0
26.0
26.0
21.5
19.5
19.5
19.5
19.5
Total length
Head-off
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
None.
26.
26.
26.
26.
Metric equivalents: 28.0 in = 71.1 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 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.
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C.3. Gear Definitions
Trolling defined: Fishing from a boat
or floating device that is making way by
means of a source of power, other than
drifting by means of the prevailing
water current or weather conditions.
Troll fishing gear defined: One or
more lines that drag hooks behind a
moving fishing vessel engaged in
trolling. 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
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16:12 Apr 30, 2018
Jkt 244001
intentionally disengaged from the vessel
at any time during the fishing operation.
Spread defined: A single leader
connected to an individual lure and/or
bait.
Circle hook defined: A hook with a
generally circular shape and a point
which turns inward, pointing directly to
the shank at a 90′ angle.
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, WDFW,
and Oregon State Police 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. Salmon Troll YRCA (50 CFR
660.70(c))—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.
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c. Grays Harbor Control Zone—The
area defined by a line drawn from the
Westport Lighthouse (46°53′18″ N lat.,
124°07′01″ W long.) to Buoy #2
(46°52′42″ N lat., 124°12′42″ W long.) to
Buoy #3 (46°55′00″ N lat., 124°14′48″ W
long.) to the Grays Harbor north jetty
(46°55′36″ N lat., 124°10′51″ W long.).
d. Columbia Control Zone—An area at
the Columbia River mouth, bounded on
the west by a line running northeast/
southwest between the red lighted Buoy
#4 (46°13′35″ N lat., 124°06′50″ W long.)
and the green lighted Buoy #7
(46°15′09″ N lat., 124°06′16″ W long.);
on the east, by the Buoy #10 line which
bears north/south at 357° true from the
south jetty at 46°14′00″ N lat.,
124°03′07″ W long. to its intersection
with the north jetty; on the north, by a
line running northeast/southwest
between the 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 6 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).
f. Waypoints for the 40 fathom
regulatory line from Cape Falcon to
Humbug Mountain (50 CFR 660.71(k)).
(12) 45°46.00′ N lat., 124°04.49′ W long.;
(13) 45°44.34′ N lat., 124°05.09′ W long.;
(14) 45°40.64′ N lat., 124°04.90′ W long.;
(15) 45°33.00′ N lat., 124°04.46′ W long.;
(16) 45°32.27′ N lat., 124°04.74′ W long.;
(17) 45°29.26′ N lat., 124°04.22′ W long.;
(18) 45°20.25′ N lat., 124°04.67′ W long.;
(19) 45°19.99′ N lat., 124°04.62′ W long.;
(20) 45°17.50′ N lat., 124°04.91′ W long.;
(21) 45°11.29′ N lat., 124°05.20′ W long.;
(22) 45°05.80′ N lat., 124°05.40′ W long.;
(23) 45°05.08′ N lat., 124°05.93′ W long.;
(24) 45°03.83′ N lat., 124°06.47′ W long.;
(25) 45°01.70′ N lat., 124°06.53′ W long.;
(26) 44°58.75′ N lat., 124°07.14′ W long.;
(27) 44°51.28′ N lat., 124°10.21′ W long.;
(28) 44°49.49′ N lat., 124°10.90′ W long.;
(29) 44°44.96′ N lat., 124°14.39′ W long.;
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(30) 44°43.44′ N lat., 124°14.78′ W long.;
(31) 44°42.26′ N lat., 124°13.81′ W long.;
(32) 44°41.68′ N lat., 124°15.38′ W long.;
(33) 44°34.87′ N lat., 124°15.80′ W long.;
(34) 44°33.74′ N lat., 124°14.44′ W long.;
(35) 44°27.66′ N lat., 124°16.99′ W long.;
(36) 44°19.13′ N lat., 124°19.22′ W long.;
(37) 44°15.35′ N lat., 124°17.38′ W long.;
(38) 44°14.38′ N lat., 124°17.78′ W long.;
(39) 44°12.80′ N lat., 124°17.18′ W long.;
(40) 44°09.23′ N lat., 124°15.96′ W long.;
(41) 44°08.38′ N lat., 124°16.79′ W long.;
(42) 44°08.30′ N lat., 124°16.75′ W long.;
(43) 44°01.18′ N lat., 124°15.42′ W long.;
(44) 43°51.61′ N lat., 124°14.68′ W long.;
(45) 43°42.66′ N lat., 124°15.46′ W long.;
(46) 43°40.49′ N lat., 124°15.74′ W long.;
(47) 43°38.77′ N lat., 124°15.64′ W long.;
(48) 43°34.52′ N lat., 124°16.73′ W long.;
(49) 43°28.82′ N lat., 124°19.52′ W long.;
(50) 43°23.91′ N lat., 124°24.28′ W long.;
(51) 43°20.83′ N lat., 124°26.63′ W long.;
(52) 43°17.96′ N lat., 124°28.81′ W long.;
(53) 43°16.75′ N lat., 124°28.42′ W long.;
(54) 43°13.97′ N lat., 124°31.99′ W long.;
(55) 43°13.72′ N lat., 124°33.25′ W long.;
(56) 43°12.26′ N lat., 124°34.16′ W long.;
(57) 43°10.96′ N lat., 124°32.33′ W long.;
(58) 43°05.65′ N lat., 124°31.52′ W long.;
(59) 42°59.66′ N lat., 124°32.58′ W long.;
(60) 42°54.97′ N lat., 124°36.99′ W long.;
(61) 42°53.81′ N lat., 124°38.57′ W long.;
(62) 42°50.00′ N lat., 124°39.68′ W long.;
(63) 42°49.13′ N lat., 124°39.70′ W long.;
(64) 42°46.47′ N lat., 124°38.89′ W long.;
(65) 42°45.74′ N lat., 124°38.86′ W long.;
(66) 42°44.79′ N lat., 124°37.96′ W long.;
(67) 42°45.01′ N lat., 124°36.39′ W long.;
(68) 42°44.14′ N lat., 124°35.17′ W long.;
(69) 42°42.14′ N lat., 124°32.82′ W long.;
(70) 42°40.50′ N lat., 124°31.98′ W long.
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 number of
salmon (by species) on board, the
estimated time of arrival, and the
specific reason the vessel is not able to
meet special management area landing
restrictions.
In addition to contacting the USCG,
vessels fishing south of the Oregon/
California border must notify CDFW
within one hour of leaving the
management area by calling (800) 889–
8346 and providing the same
information as reported to the USCG.
All salmon must be offloaded within 24
hours of reaching port.
C.7. Incidental Halibut Harvest
During authorized periods, the
operator of a vessel that has been issued
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an incidental halibut harvest license by
the International Pacific Halibut
Commission (IPHC) may retain Pacific
halibut caught incidentally in Area 2A
while trolling for salmon. Halibut
retained must be no less than 32 inches
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 IPHC
(phone: 206–634–1838). Applicants
must apply prior to mid-March 2019 for
2019 permits (exact date to be set by the
IPHC in early 2019). Incidental harvest
is authorized only during April, May,
and June of the 2018 troll seasons and
after June 30 in 2018 if quota remains
and if announced on the NMFS hotline
(phone: (800) 662–9825 or (206) 526–
6667). WDFW, ODFW, and CDFW will
monitor landings. If the landings are
projected to exceed the IPHC’s 35,620
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, 2018, until the end of the 2018
salmon troll season, and April 1–30,
2019, license holders may land or
possess no more than one Pacific
halibut per each two Chinook, except
one Pacific halibut may be possessed or
landed without meeting the ratio
requirement, and no more than 25
halibut may be possessed or landed per
trip. Pacific halibut retained must be no
less than 32 inches in total length (with
head on). IPHC license holders must
comply with all applicable IPHC
regulations.
Incidental Pacific halibut catch
regulations in the commercial salmon
troll fishery adopted for 2018, prior to
any 2018 inseason action, will be in
effect when incidental Pacific halibut
retention opens on April 1, 2019, unless
otherwise modified by inseason action
at the March 2019 Council meeting.
a. ‘‘C-shaped’’ YRCA is an area to be
voluntarily avoided for salmon trolling.
NMFS and the Council request salmon
trollers voluntarily avoid this area in
order to protect yelloweye rockfish. The
area is defined in the Pacific Council
Halibut Catch Sharing Plan in the North
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19013
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 or
July non-Indian commercial troll quotas
in the Oregon KMZ may be transferred
to the Chinook quota for the next open
quota period if the transfer would not
result in exceeding preseason impact
expectations on any stocks.
c. NMFS may transfer salmon
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
preseason impact expectations on any
stocks.
d. At the March 2019 meeting, the
Council will consider inseason
recommendations for special regulations
for any experimental fisheries
(proposals must meet Council protocol
and be received in November 2018).
e. If retention of unmarked coho
(adipose fin intact) is permitted by
inseason action, the allowable coho
quota will be adjusted to ensure
preseason projected impacts on all
stocks is not exceeded.
f. Landing limits may be modified
inseason to sustain season length and
keep harvest within overall quotas.
g. Chinook remaining from the
remaining May, June, and/or July nonIndian commercial troll quotas in the
California 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.9. State Waters Fisheries
Consistent with Council management
objectives:
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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 KMZ for the Ocean
Salmon Season Shall Be That Area From
Humbug Mountain, Oregon, to Horse
Mountain, California.
with a subarea guideline of 13,100
Chinook (C.5).
Open five days per week (Sunday
through Thursday). All salmon may be
retained; two salmon per day, no more
than one of which may 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 13 (C.4.b).
—Leadbetter Point to Cape Falcon
(Columbia River Subarea)
A. Season Description
June 23 through earlier of September
3 or 21,000 marked coho subarea quota
with a subarea guideline of 8,000
Chinook (C.5).
Open seven days per week. All
salmon may be retained; two salmon per
day, no more than one of which may 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).
For all recreational fisheries north of
Cape Falcon: Inseason management may
be used to sustain season length and
keep harvest within the overall Chinook
and coho recreational TACs for north of
Cape Falcon (C.5).
North of Cape Falcon, OR
South of Cape Falcon, OR
—U.S./Canada border to Cape Alava
(Neah Bay Subarea)
—Cape Falcon to Humbug Mountain.
Section 2. Recreational Management
Measures for 2018 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.
June 23 through earlier of September
3 or 4,370 marked coho subarea quota
with a subarea guideline of 4,900
Chinook (C.5).
Open seven days per week. All
salmon may be retained, except no
chum beginning August 1; two salmon
per day, no more than one of which may
be a Chinook. All coho must be marked
with a healed adipose fin clip (C.1).
Beginning August 1, Chinook nonretention east of the Bonilla-Tatoosh
line (C.4.a) during Council managed
ocean fishery. See gear restrictions and
definitions (C.2, C.3).
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—Cape Alava to Queets River (La Push
Subarea)
June 23 through earlier of September
3 or 1,090 marked coho subarea quota
with a subarea guideline of 1,500
Chinook (C.5).
Open seven days per week. All
salmon may be retained, two salmon per
day. All coho must be marked with a
healed adipose fin clip (C.1). See gear
restrictions and definitions (C.2, C.3).
—Queets River to Leadbetter Point
(Westport Subarea)
July 1 through earlier of September 3
or 15,540 marked coho subarea quota
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Jkt 244001
March 15 through October 31 (C.6),
except as provided below during the
mark-selective coho fishery and the
non-mark-selective coho fishery (C.5).
Open seven days per week. All
salmon except coho may be retained;
two salmon per day (C.1). Chinook
minimum size limit of 24 inches total
length (B). See gear restrictions and
definitions (C.2, C.3). October 1–31: The
fishery is only open shoreward of the 40
fathom management line.
In 2019, the season will open March
15 for all salmon except coho; two
salmon per day (C.1). Chinook
minimum size limit of 24 inches total
length (B); and the same gear
restrictions as in 2018 (C.2, C.3). This
opening could be modified following
Council review at the March 2019
Council meeting.
—Cape Falcon to Humbug Mountain
Mark-selective coho fishery: June 30
through the earlier of September 3, or a
landed catch of 35,000 marked coho
(C.6). Open seven days per week. All
salmon may be retained, except all
retained coho must be marked with a
healed adipose fin clip, two salmon per
day (C.1). See minimum size limits (B).
See gear restrictions and definitions
(C.2, C.3, C.5.e).
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Non-mark-selective coho fishery:
September 7–8, and each Friday through
Saturday thereafter through the earlier
of September 29 or a landed catch of a
3,500 non-mark-selective coho quota
(C.6). Open days may be modified
inseason. All salmon may be retained,
two salmon per day (C.1). See minimum
size limits (B). See gear restrictions and
definitions (C.2, C.3).
—Humbug Mountain to Oregon/
California border (Oregon KMZ)
May 19–August 26 (C.6).
Open seven days per week. All
salmon except coho may be retained,
two salmon per day (C.1). Chinook
minimum size limit of 24 inches total
length (B). See gear restrictions and
definitions (C.2, C.3).
For recreational fisheries from Cape
Falcon to Humbug Mountain: Fishing in
the Stonewall Bank YRCA restricted to
trolling only on days the all depth
recreational halibut fishery is open (call
the halibut fishing hotline (800) 662–
9825 for specific dates) (C.3.b, C.4.d).
—Oregon/California Border to Horse
Mountain (California KMZ)
June 1–September 3 (C.6).
Open seven days per week. All
salmon except coho may be retained,
two salmon 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)
June 17–October 31 (C.6).
Open seven days per week. All
salmon except coho may be retained;
two salmon per day (C.1). Chinook
minimum size limit of 20 inches total
length (B). See gear restrictions and
definitions (C.2, C.3).
In 2019, season opens April 6 for all
salmon except coho, two salmon per
day (C.1). Chinook minimum size limit
of 20 inches total length (B); and the
same gear restrictions as in 2018 (C.2,
C.3). This opening could be modified
following Council review at the March
2019 Council meeting.
—Point Arena to Pigeon Point (San
Francisco)
June 17–October 31 (C.6).
Open seven days per week. All
salmon except coho may be retained,
two salmon per day (C.1). Chinook
minimum size limit of 20 inches total
length (B). See gear restrictions and
definitions (C.2, C.3).
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In 2019, season opens April 6 for all
salmon except coho; two salmon per
day (C.1). Chinook minimum size limit
of 24 inches total length (B); and the
same gear restrictions as in 2018 (C.2,
C.3). This opening could be modified
following Council review at the March
2019 Council meeting.
—Pigeon Point to U.S./Mexico border
(Monterey)
April 7–July 2 (C.6).
Open seven days per week. All
salmon except coho may be retained;
two salmon per day (C.1). Chinook
minimum size limit of 24 inches total
length (B). See gear restrictions and
definitions (C.2, C.3).
In 2019, season opens April 6 for all
salmon except coho; two salmon per
day (C.1). Chinook minimum size limit
of 24 inches total length (B); and the
same gear restrictions as in 2018 (C.2,
C.3). This opening could be modified
following Council review at the March
2019 Council meeting.
California State regulations require all
salmon be made available to a CDFW
Area
(when open)
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 ........................................................................................................
Pigeon Point to U.S./Mexico border ............................................................................................
24.0
24.0
24.0
20.0
20.0
20.0
24.0
Coho
16.0
16.0
16.0
........................
........................
........................
........................
Pink
None.
None.
None.
20.0.
20.0.
20.0.
24.0.
Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, and 16.0 in = 40.6 cm.
C. Requirements, Definitions,
Restrictions, or Exceptions
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C.1. Compliance With Minimum Size
and Other Special Restrictions
All salmon on board a vessel must
meet the minimum size or other special
requirements for the area being fished
and the area in which they are landed
if that area is open. Salmon may be
landed in an area that is closed only if
they meet the minimum size or other
special requirements for the area in
which they were caught. 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.
b. Horse Mountain, California, to
Point Conception, California: Single
point, single shank, barbless circle
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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
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prevailing water current or weather
conditions.
c. Circle hook defined: A hook with
a generally circular shape and a point
which turns inward, pointing directly to
the shank at a 90° angle.
C.4. Control Zone Definitions
a. The Bonilla-Tatoosh Line: A line
running from the western end of Cape
Flattery to Tatoosh Island Lighthouse
(48°23′30″ N lat., 124°44′12″ W long.) to
the buoy adjacent to Duntze Rock
(48°24′37″ N lat., 124°44′37″ W long.),
then in a straight line to Bonilla Point
(48°35′39″ N lat., 124°42′58″ W long.) on
Vancouver Island, British Columbia.
b. Grays Harbor Control Zone—The
area defined by a line drawn from the
Westport Lighthouse (46°53′18″ N lat.,
124°07′01″ W long.) to Buoy #2
(46°52′42″ N lat., 124°12′42″ W long.) to
Buoy #3 (46°55′00″ N lat., 124°14′48″ W
long.) to the Grays Harbor north jetty
(46°55′36″ N lat., 124°10′51″ W long.).
c. Columbia Control Zone: An area at
the Columbia River mouth, bounded on
the west by a line running northeast/
southwest between the red lighted Buoy
#4 (46°13′35″ N lat., 124°06′50″ W long.)
and the green lighted Buoy #7
(46°15′09″ N lat., 124°06′16″ W long.);
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
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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 YRCA: 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 6 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).
f. Waypoints for the 40 fathom
regulatory line from Cape Falcon to
Humbug Mountain (50 CFR 660.71(k)).
(12) 45°46.00′ N lat., 124°04.49′ W long.;
(13) 45°44.34′ N lat., 124°05.09′ W long.;
(14) 45°40.64′ N lat., 124°04.90′ W long.;
(15) 45°33.00′ N lat., 124°04.46′ W long.;
(16) 45°32.27′ N lat., 124°04.74′ W long.;
(17) 45°29.26′ N lat., 124°04.22′ W long.;
(18) 45°20.25′ N lat., 124°04.67′ W long.;
(19) 45°19.99′ N lat., 124°04.62′ W long.;
(20) 45°17.50′ N lat., 124°04.91′ W long.;
(21) 45°11.29′ N lat., 124°05.20′ W long.;
(22) 45°05.80′ N lat., 124°05.40′ W long.;
(23) 45°05.08′ N lat., 124°05.93′ W long.;
(24) 45°03.83′ N lat., 124°06.47′ W long.;
(25) 45°01.70′ N lat., 124°06.53′ W long.;
(26) 44°58.75′ N lat., 124°07.14′ W long.;
(27) 44°51.28′ N lat., 124°10.21′ W long.;
(28) 44°49.49′ N lat., 124°10.90′ W long.;
(29) 44°44.96′ N lat., 124°14.39′ W long.;
(30) 44°43.44′ N lat., 124°14.78′ W long.;
(31) 44°42.26′ N lat., 124°13.81′ W long.;
(32) 44°41.68′ N lat., 124°15.38′ W long.;
(33) 44°34.87′ N lat., 124°15.80′ W long.;
(34) 44°33.74′ N lat., 124°14.44′ W long.;
(35) 44°27.66′ N lat., 124°16.99′ W long.;
(36) 44°19.13′ N lat., 124°19.22′ W long.;
(37) 44°15.35′ N lat., 124°17.38′ W long.;
(38) 44°14.38′ N lat., 124°17.78′ W long.;
(39) 44°12.80′ N lat., 124°17.18′ W long.;
(40) 44°09.23′ N lat., 124°15.96′ W long.;
(41) 44°08.38′ N lat., 124°16.79′ W long.;
(42) 44°08.30′ N lat., 124°16.75′ W long.;
(43) 44°01.18′ N lat., 124°15.42′ W long.;
(44) 43°51.61′ N lat., 124°14.68′ W long.;
(45) 43°42.66′ N lat., 124°15.46′ W long.;
(46) 43°40.49′ N lat., 124°15.74′ W long.;
(47) 43°38.77′ N lat., 124°15.64′ W long.;
(48) 43°34.52′ N lat., 124°16.73′ W long.;
(49) 43°28.82′ N lat., 124°19.52′ W long.;
(50) 43°23.91′ N lat., 124°24.28′ W long.;
(51) 43°20.83′ N lat., 124°26.63′ W long.;
(52) 43°17.96′ N lat., 124°28.81′ W long.;
(53) 43°16.75′ N lat., 124°28.42′ W long.;
(54) 43°13.97′ N lat., 124°31.99′ W long.;
(55) 43°13.72′ N lat., 124°33.25′ W long.;
(56) 43°12.26′ N lat., 124°34.16′ W long.;
(57) 43°10.96′ N lat., 124°32.33′ W long.;
(58) 43°05.65′ N lat., 124°31.52′ W long.;
(59) 42°59.66′ N lat., 124°32.58′ W long.;
(60) 42°54.97′ N lat., 124°36.99′ W long.;
(61) 42°53.81′ N lat., 124°38.57′ W long.;
(62) 42°50.00′ N lat., 124°39.68′ W long.;
(63) 42°49.13′ N lat., 124°39.70′ W long.;
(64) 42°46.47′ N lat., 124°38.89′ W long.;
(65) 42°45.74′ N lat., 124°38.86′ W long.;
(66) 42°44.79′ N lat., 124°37.96′ W long.;
(67) 42°45.01′ N lat., 124°36.39′ W long.;
(68) 42°44.14′ N lat., 124°35.17′ W long.;
(69) 42°42.14′ N lat., 124°32.82′ W long.;
(70) 42°40.50′ N lat., 124°31.98′ W long.
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, or 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
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 2018 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 16,000 Chinook quota.
All salmon may be retained 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 24,000 Chinook quota
(C.5), or 12,500 coho quota.
All salmon. See size limit (B) and
other restrictions (C).
B. Minimum Size (Inches)
Chinook
Area
(when open)
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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
(adipose fin intact) coho. To remain
consistent with preseason expectations,
any inseason action shall consider, if
significant, the difference between
observed and preseason forecasted
(adipose-clipped) 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 Humbug Mountain
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.
Coho
Pink
Total length
North of Cape Falcon .........................................................
Head-off
24.0
Total length
18.0
16.0
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0 in = 40.6 cm, 12.0 in = 30.5 cm.
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C. Requirements, Restrictions, and
Exceptions
Federal District Court for the Western
District of Washington).
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 (defined to include
those waters of Puget Sound easterly of
a line projected from the Bonilla Point
Light on Vancouver Island to the
Tatoosh Island light, thence to the most
westerly point on Cape Flattery and
westerly of a line projected true north
from the fishing boundary marker at the
mouth of the Sekiu River [WAC 220–
301–030]).
MAKAH—Washington State
Statistical Area 4B and that portion of
the fishery management area (FMA)
north of 48°02′15″ N lat. (Norwegian
Memorial) and east of 125°44′00″ W
long.
QUILEUTE—A polygon commencing
at Cape Alava, located at latitude
48°10′00″ north, longitude 124°43′56.9″
west; then proceeding west
approximately forty nautical miles at
that latitude to a northwestern point
located at latitude 48°10′00″ north,
longitude 125°44′00″ west; then
proceeding in a southeasterly direction
mirroring the coastline at a distance no
farther than 40 nmi from the mainland
Pacific coast shoreline at any line of
latitude, to a southwestern point at
latitude 47°31′42″ north, longitude
125°20′26″ west; then proceeding east
along that line of latitude to the Pacific
coast shoreline at latitude 47°31′42″
north, longitude 124°21′9.0″ west (per
court order dated March 5, 2018,
Federal District Court for the Western
District of Washington).
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—A polygon commencing
at the Pacific coast shoreline near
Destruction Island, located at latitude
47°40′06″ north, longitude
124°23′51.362″ west; then proceeding
west approximately 30 nmi at that
latitude to a northwestern point located
at latitude 47°40′06″ north, longitude
125°08′30″ west; then proceeding in a
southeasterly direction mirroring the
coastline no farther than 30 nmi from
the mainland Pacific coast shoreline at
any line of latitude southwestern point
at latitude 46°53′18″ north, longitude
124°53′53″ west; then proceeding east
along that line of latitude to the Pacific
coast shoreline at latitude 46°53′18″
north, longitude 124°7′36.6″ west (per
court order dated March 5, 2018,
C.2. Gear Restrictions
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Jkt 244001
a. Single point, single shank, barbless
hooks are required in all fisheries.
b. No more than eight fixed lines per
boat.
c. No more than four hand held lines
per person in the Makah area fishery
(Washington State Statistical Area 4B
and that portion of the FMA north of
48°02′15″ N lat. (Norwegian Memorial)
and east of 125°44′00″ W long.).
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 October 1
through October 15 in the same manner
as in 2004–2015. Fish taken during this
fishery are to be counted against treaty
troll quotas established for the 2018
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.
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 9, 2018,
NMFS published a final rule
announcing the IPHC’s regulations,
including season dates, management
measures, and Catch Sharing Plans for
the U.S. waters off of Alaska (83 FR
10390). On March 26, 2018, NMFS
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19017
published an interim final rule
implementing Area 2A (U.S. West
Coast) catch limits (83 FR 13080) and a
separate final rule approving and
implementing the Area 2A Pacific
halibut Catch Sharing Plan and
management measures for 2018 (83 FR
13090). The Area 2A Catch Sharing
Plan, in combination with the IPHC
regulations, provides that vessels
participating in the salmon troll fishery
in Area 2A, 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 IPHC
(phone: 206–634–1838). Applicants
must apply prior to mid-March 2019 for
2019 permits (exact date to be set by the
IPHC in early 2019). Incidental harvest
is authorized only during April, May,
and June of the 2018 troll seasons and
after June 30 in 2018 if quota remains
and if announced on the NMFS hotline
(phone: (800) 662–9825 or (206) 526–
6667). WDFW, ODFW, and CDFW will
monitor landings. If the landings are
projected to exceed the 35,620 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, 2018, through December 31,
2018, and April 1–30, 2019, license
holders may land or possess no more
than one Pacific halibut per each two
Chinook, except one Pacific halibut may
be possessed or landed without meeting
the ratio requirement, and no more than
35 halibut may be possessed or landed
per trip. Pacific halibut retained must be
no less than 32 inches in total length
(with head on). IPHC license holders
must comply with all applicable IPHC
regulations.
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
Incidental Pacific halibut catch
regulations in the commercial salmon
troll fishery adopted for 2018, prior to
any 2018 inseason action, will be in
effect when incidental Pacific halibut
retention opens on April 1, 2019, unless
otherwise modified by inseason action
at the March 2019 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 ........
Cape Alava, WA ...........
Queets River, WA ........
Leadbetter Point, WA ..
Cape Falcon, OR ..........
Florence South Jetty,
OR.
Humbug Mountain, OR
Oregon-California border.
Humboldt South Jetty,
CA.
Horse Mountain, CA ....
Point Arena, CA ...........
Point Reyes, CA ...........
Point San Pedro, CA ....
Pigeon Point, CA ..........
Point Sur, CA ...............
Point Conception, CA ..
48°23′00″
48°10′00″
47°31′42″
46°38′10″
45°46′00″
44°00′54″
N
N
N
N
N
N
lat.
lat.
lat.
lat.
lat.
lat.
42°40′30″ N lat.
42°00′00″ N lat.
40°45′53″ N lat.
40°05′00″
38°57′30″
37°59′44″
37°35′40″
37°11′00″
36°18′00″
34°27′00″
N
N
N
N
N
N
N
lat.
lat.
lat.
lat.
lat.
lat.
lat.
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Section 6. Inseason Notice Procedures
Notice of inseason management
actions will be provided by a telephone
hotline administered by the West Coast
Region, NMFS, (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
USCG broadcasts for current
information for the area in which they
are fishing.
VerDate Sep<11>2014
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Classification
This final rule is necessary for
conservation and management of Pacific
coast salmon stocks and is consistent
with the MSA 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 has been determined to
be not significant for purposes of
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 would be impracticable
and contrary to the public interest.
The annual salmon management cycle
begins May 1 and continues through
April 30 of the following year. May 1
was chosen because the pre-May
harvests constitute a relatively small
portion of the annual catch. The time
frame of the preseason process for
determining the annual modifications to
ocean salmon fishery management
measures depends on when the
pertinent biological data are available.
Salmon stocks are managed to meet
annual spawning escapement goals or
specific exploitation rates. Achieving
either of these objectives requires
designing management measures that
are appropriate for the ocean abundance
predicted for that year. These pre-season
abundance forecasts, which are derived
from previous years’ 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 two-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
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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 abundance. For the 2018
fishing regulations, the current stock
abundance 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 2017). 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, salmon fisheries will not open as
scheduled, or would open based on
2017 management measures which do
not account for 2018 abundance
projections without inseason action by
NMFS. This would result in lost fishing
opportunity, negative economic
impacts, potential harm to stocks at low
abundance and ESA-listed stocks, and
confusion for the public as the state
fisheries adopt concurrent regulations
that conform to the Federal management
measures.
Overall, the annual population
dynamics of the various salmon stocks
require managers to adjust the season
structure of the West Coast salmon
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
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thereby undermining the purpose of this
agency action.
In addition, these measures were
developed with significant public input.
Public comment was received and
considered by the Council and NMFS
throughout the process of developing
these management measures. As
described above, the Council took
comment at its March and April
meetings, and heard 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.
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
were not available until February and
management measures were not
finalized until mid-April. These
measures are essential to conserve
threatened and endangered ocean
salmon stocks as well as potentially
overfished 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 MSA.
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
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hotline used for inseason management
actions and is posting the regulations on
its West Coast Region website (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 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 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
current information collection approval
expires on August 30, 2020. The public
reporting burden for providing
notifications if landing area restrictions
cannot be met is estimated to average 15
minutes per response. This estimate
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
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 provided guidance on the impact
limits for all ESA-listed salmon and
steelhead species, given annual
abundance projections, in our annual
guidance letter to the Council dated
March 6, 2018, but noted that further
guidance might be provided at the April
meeting that would account for the year
specific circumstances. NMFS did
provide an update to its guidance at the
April meeting for six Puget Sound
management units. The management
PO 00000
Frm 00107
Fmt 4700
Sfmt 9990
19019
measures for 2018 are consistent with
the biological opinions. The Council’s
recommended management measures
therefore have been determined not
likely to jeopardize the continued
existence of any listed salmon species
which may be affected by Council
fisheries. In some cases, the
recommended measures are more
restrictive than necessary for ESA
compliance.
NMFS consulted on the effects of the
ocean salmon fisheries on the ESAlisted Southern Resident killer whale
(SRKW) distinct population segment in
2009. NMFS considered conservative
scenarios of prey abundance, diet
composition and prey selectivity to
evaluate effects of fishery-related prey
reduction on SRKW and considered
factors such as the limited overlap of
Council area fisheries and the whales.
Based on that information, NMFS
concluded in the 2009 opinion that the
salmon fisheries were not likely to
jeopardize SRKW. More recent
information regarding coastal diet and
selectivity of the whales indicates that
the most conservative scenarios are not
the most likely this upcoming season
and therefore, the effects of the 2018
fisheries are consistent with the 2009
biological opinion. In addition, quotas
for Chinook salmon in fisheries north of
Cape Falcon in particular are reduced
from those in 2017 and other recent
years in order to meet management
objectives. As mentioned above, impacts
from the Council’s recommended 2018
fisheries to ESA-listed salmonids,
including Chinook salmon are
consistent with the applicable opinions
for those ESUs.
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 26, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–09164 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\01MYR1.SGM
01MYR1
Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 19005-19019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09164]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 170831849-8404-01]
RIN 0648-BH22
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2018 Management Measures and a Temporary Rule
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; and a temporary rule for emergency action.
-----------------------------------------------------------------------
SUMMARY: Through this final rule, NMFS establishes fishery management
measures for the 2018 ocean salmon fisheries off Washington, Oregon,
and California and the 2019 salmon seasons opening earlier than May 1,
2019. The temporary rule for emergency action (emergency rule), under
the Magnuson-Stevens Fishery Conservation and Management Act (MSA),
implements the 2018 annual management measures for the West Coast ocean
salmon fisheries for the area from the U.S./Canada border to Cape
Falcon, OR, from May 1, 2018, through October 28, 2018. The emergency
rule is required because allocation of coho harvest between
recreational and commercial fisheries will not be consistent with the
allocation schedule specified in the Pacific Coast Salmon Fishery
Management Plan (FMP) in order to limit fishery impacts on Queets and
Grays Harbor coho and meet conservation and management objectives. The
fishery management measures for the area from Cape Falcon, OR, to the
U.S./Mexico border are consistent with the FMP and are implemented
through a final rule. 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 nautical miles
(nmi)) 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).
DATES: The final rule covering fisheries south of Cape Falcon, OR, is
effective from 0001 hours Pacific Daylight Time (PDT), May 1, 2018,
until the effective date of the 2019 management measures, which will be
published in the Federal Register. The temporary rule covering
fisheries north of Cape Falcon, OR, is effective from 0001 hours PDT,
May 1, 2018, through 2400 hours PDT, October 28, 2018, or the
attainment of the specific quotas listed below in section two of this
rule.
ADDRESSES: The documents cited in this document are available on the
Pacific Fishery Management Council's (Council's) website
(www.pcouncil.org).
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at (206) 526-4323.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ off Washington, Oregon, and
California are managed under a ``framework'' 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 FMP, by notification in the Federal Register. 50 CFR 660.408, in
addition to the FMP, governs the establishment of annual management
measures.
The management measures for the 2018 and pre-May 2019 ocean salmon
fisheries that are implemented in this final rule were recommended by
the Council at its April 5 to 11, 2018, meeting.
Process Used To Establish 2018 Management Measures
The Council announced its annual preseason management process for
the 2018 ocean salmon fisheries in the Federal Register on December 27,
2017 (82 FR 61268), and on the Council's website at www.pcouncil.org.
NMFS published an additional notice of opportunities to submit public
comments on the 2018 ocean salmon fisheries in the Federal Register on
January 23, 2018 (83 FR 3133). 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 the development of the 2018 ocean salmon fisheries. The agendas for
the March and April Council meetings were published in the Federal
Register (83 FR 7457, February 21, 2018, and 83 FR 11991, March 19,
2018, respectively) and posted on the Council's website prior to the
actual meetings.
In accordance with the 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 made available on the
Council's website upon their completion. The first of the reports,
``Review of 2017 Ocean Salmon Fisheries,'' was prepared in February
when the first increment of scientific information necessary for
crafting management measures for the 2018 and pre-May 2019 ocean salmon
fisheries became available. The first report summarizes biological and
socio-economic data for the 2017 ocean salmon fisheries and assesses
the performance of the fisheries with respect to the Council's 2017
management objectives. The second report, ``Preseason Report I Stock
Abundance Analysis and Environmental
[[Page 19006]]
Assessment Part 1 for 2018 Ocean Salmon Fishery Regulations'' (PRE I),
provides the 2018 salmon stock abundance projections and analyzes the
impacts on the stocks and Council management goals if the 2017
regulations and regulatory procedures were applied to the projected
2018 stock abundances. The completion of PRE I is the initial step in
developing and evaluating the full suite of preseason alternatives.
Following completion of the first two reports, the Council met in
Rohnert Park, CA, from March 7 to 14, 2018, to develop 2018 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 ensure that stocks of
coho and Chinook salmon with low abundance meet conservation goals, 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 2018 Ocean Salmon Fishery Regulations'' (PRE II),
which analyzes the effects of the proposed 2018 management
alternatives.
The Council sponsored public hearings to receive testimony on the
proposed alternatives on March 26, 2018, in Westport, WA, and Coos Bay,
OR; and on March 27, 2018, in Salinas, CA. The States of Washington,
Oregon, and California sponsored meetings in various fora 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 and electronic submissions via
www.regulations.gov.
The Council met from April 5 to 11, 2018, in Portland, OR, to adopt
its final 2018 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 2018 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 posted them on the Council website (www.pcouncil.org).
National Environmental Policy Act (NEPA)
The environmental assessment (EA) for this action comprises the
Council's documents described above (PRE I, PRE II, and PRE III),
providing analysis of environmental and socioeconomic effects under
NEPA. The EA and its related Finding of No Significant Impact are
posted on the NMFS West Coast Region website
(www.westcoast.fisheries.noaa.gov).
Resource Status
Stocks of Concern
The FMP requires that the fisheries be shaped to meet escapement-
based Annual Catch Limits (ACLs), Endangered Species Act (ESA)
consultation requirements, obligations of the Pacific Salmon Treaty
(PST) between the U.S. and Canada, and other conservation objectives
detailed in the FMP. Because the ocean salmon fisheries are mixed-stock
fisheries, this requires ``weak stock'' management to avoid exceeding
limits for the stocks with the most constraining limits. Abundance
forecasts for individual salmon stocks can vary significantly from one
year to the next; therefore, the stocks that constrain the fishery in
one year may differ from those that constrain the fishery in the next.
For 2018, limits for six stocks are the most constraining on the
fisheries; these are described below.
Fisheries south of Cape Falcon, OR, are limited in 2018 primarily
by conservation concerns for Klamath River fall-run Chinook salmon
(KRFC) and Sacramento River fall-run Chinook salmon (SRFC); both stocks
meet the FMP criteria for being overfished, although NMFS has not made
a determination at this time. Fisheries north of Cape Falcon are
limited primarily by the low abundance forecast for Queets and Grays
Harbor coho which are managed subject to provisions of the Pacific
Salmon Treaty as well as those specified in the Council's FMP. The
Queets coho stock, as well as Juan de Fuca and Snohomish coho stocks,
meets the FMP criteria for being overfished; although again, NMFS has
not made a determination at this time. Additionally, collective
fisheries impacts on the tule component of the ESA-listed Lower
Columbia River Chinook salmon evolutionarily significant unit (ESU) and
Puget Sound Chinook salmon ESU are limiting primarily to fisheries
north of Cape Falcon. The limitations imposed in order to protect these
stocks are described below. The alternatives and the Council's
recommended management measures for 2018 were designed to avoid
exceeding these limitations.
Klamath River fall-run Chinook salmon (KRFC): Abundance for this
non-ESA-listed stock in recent years has been historically low, and it
currently meets the FMP's status determination criteria (SDC) for an
overfished condition based on spawning escapement in 2015, 2016, and
2017. The FMP defines ``overfished'' status in terms of a three-year
geometric mean escapement level and whether it is below the minimum
stock size threshold. Forecast abundance for KRFC in 2017 was the
lowest on record. Forecast abundance for KRFC in 2018 is improved from
2017, and fisheries will be managed to meet the FMP conservation
objective, a maximum sustainable yield spawning escapement goal
(SMSY) of 40,700 natural area spawners. Fisheries south of
Cape Falcon, particularly in the Klamath Management Zone (KMZ) from
Humbug Mountain, OR to Humboldt South Jetty, CA will be somewhat
constrained to meet this goal, but less so than in 2017 when there was
a complete closure of commercial and recreational ocean salmon fishing
in the KMZ.
Sacramento River fall-run Chinook salmon (SRFC): SRFC is not an
ESA-listed stock; however, abundance for this stock in recent years has
been low. In 2017, spawning escapement was 33 percent of what was
forecast. The stock currently meets the FMP's SDC for an overfished
condition based on escapements in 2015, 2016, and 2017. Abundance
forecast for SRFC in 2018 is nearly identical to the forecast in 2017.
However, preseason abundance forecasts for SRFC have tended to be
optimistic in recent years, when compared to postseason abundance
estimates. For example, in 2017 the preseason forecast for SRFC
abundance was 230,700, whereas the postseason estimate was 139,997. In
order to be conservative given the frequent upward bias in the
abundance forecasts and the fact that SRFC meet the FMP criteria for
overfished, the Council has recommended fisheries to achieve a spawning
escapement of 151,000, the mid-point of the FMP Conservation Objective
range (122,000 to 180,000 natural and hatchery adult spawners). Meeting
this risk averse spawning escapement goal will constrain fisheries
south of Cape Falcon in 2018.
Queets coho: Queets coho are managed in Council-area and northern
[[Page 19007]]
fisheries subject to the provisions of the PST. The 2018 abundance
forecast for this non-ESA-listed stock is low; 7,000 fish compared to a
2008-2017 average of 16,620 fish. The stock currently meets the FMP's
criteria for an overfished condition based on escapements in 2014,
2015, and 2016 (the three most recent years for which escapement data
are available). The FMP's conservation objective for Queets coho is an
SMSY spawning escapement of 5,800 fish after ocean and in-
river fishery impacts. Under the criteria of the PST's Southern Coho
Management Plan, Queets coho abundance is in the ``low'' category in
2018 and subject to a total exploitation rate limit of 20 percent. The
Council has recommended fisheries that will meet both the FMP's
escapement requirement and the PST exploitation rate limit. Meeting the
conservation and management objectives for Queets coho will constrain
fisheries north of Cape Falcon.
Grays Harbor coho: Grays Harbor coho is another non-ESA-listed
stock that, like Queets coho, is managed in Council-area and northern
fisheries subject to provisions of the PST. The forecast abundance for
Grays Harbor coho places this stock in the ``low'' category under the
PST, which limits the exploitation rate to 20 percent. The U.S.
Commissioner that represents Washington State informed the Canadian
Chair of the Pacific Salmon Commission that we anticipate a total
exploitation rate of 20.7 percent for Grays Harbor coho and, given the
small deviation from the 20 percent limit, recommended that we not
invoke the provisions of PST Chapter Five, Paragraph 11(c) that involve
the Southern Panel. The Canadian Chair did not object to the
recommendation. The result is that the action is in compliance with
provisions of the PST.
The FMP also includes a conservation objective for Grays Harbor
coho--a spawning escapement of 35,400 fish. Although the Council's
recommendations would allow for an ocean escapement of 40,500 Grays
Harbor coho, the conservation objective in the FMP is for a spawning
escapement that accounts for in-river fishery impacts. The FMP provides
flexibility in setting the annual spawning escapement for several
Washington coho stocks, provided there is agreement between the
Washington Department of Fish and Wildlife (WDFW) and the treaty
tribes, under the provisions of U.S. v Washington. Based on agreement
between those parties, the Council adopted a 2018 spawning escapement
target of 33,700 Grays Harbor coho to allow for limited harvest
opportunity in ocean and in-river fisheries directed at other higher-
abundance stocks. Meeting the conservation and management objectives
for Grays Harbor coho will constrain fisheries, primarily north of Cape
Falcon.
Lower Columbia River Chinook salmon (LCR Chinook)--ESA-listed
Threatened: 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
proposed action analyzed in 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-run component, a ``far-
north'' migrating bright component, and a component of north migrating
tules. The bright and tule components both have fall-run timing. Unlike
the spring-run or bright populations of the ESU, LCR tule populations
are caught in large numbers in Council fisheries, as well as fisheries
to the north and in the Columbia River. Therefore, this component of
the ESU is the one most likely to constrain Council fisheries in the
area north of Cape Falcon, Oregon. Consistent with the proposed action
for the 2012 biological opinion, NMFS and the Council use an abundance-
based management (ABM) framework to set annual exploitation rates for
LCR tule Chinook salmon below Bonneville Dam. Applying the ABM
framework to the 2018 preseason abundance forecast, the LCR tule
exploitation rate is limited to a maximum of 38 percent. In 2018, LCR
Chinook will primarily constrain salmon fisheries north of Cape Falcon.
Puget Sound Chinook--ESA-listed Threatened: 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 usually consider the
impacts of Council-area and inside fisheries on Puget Sound Chinook
together, and they base their analysis of the combined impacts on a
package of Puget Sound fisheries to which the State of Washington and
Indian tribes with treaty rights to fish in Puget Sound have agreed
through a negotiation process that runs concurrent with the Council's
salmon season planning process. In 2018, fisheries north of Cape Falcon
will be constrained to avoid jeopardy to several populations within the
Puget Sound Chinook salmon ESU, when combined with inside fisheries.
Sacramento River winter-run Chinook salmon (SRWC)--ESA-listed
Endangered: The endangered SRWC ESU is one of NMFS' Species in the
Spotlight, eight species that are among the most at risk of extinction
in the near future. Impacts on SRWC from Council-managed fisheries are
addressed through a set of management measures analyzed in NMFS' 2018
biological opinion and approved by NMFS, including a new harvest
control rule recommended by the Council for limiting impacts on SRWC
based on projected abundance. The harvest control rule was developed
through the Council process over two years. NMFS published a final rule
to approve the Council's recommendation (83 FR 18233, April 26, 2018).
The SRWC management measures include management-area-specific fishing
season openings and closures and minimum size limits for both
commercial and recreational fisheries, these restrictions were included
in a 2012 Reasonable and Prudent Alternative NMFS issued for the
fishery. The new harvest control rule establishes an allowable age-
three impact rate based on the forecast of age-three SRWC escapement
absent fishing. The forecast of the age-three escapement absent fishing
is based on juvenile survival rates spanning outmigration in freshwater
and early ocean residence. The forecast of SRWC age-three escapement
absent fishing in 2018 is 1,594. Application of the harvest control
rule results in a maximum age-three impact rate of 14.4 percent for the
area south of Point Arena in 2018. However, constraints in place for
SRFC will limit impacts to SRWC to 8.5 percent; therefore, SRWC will
not constrain fisheries south of Cape Falcon in 2018.
Annual Catch Limits and Status Determination Criteria
Annual Catch Limits (ACLs) are set for two Chinook salmon stocks,
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 subject to
[[Page 19008]]
provisions of the PST between the U.S. and 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 potential
spawner abundance forecast and a fishing rate reduced to account for
scientific uncertainty. For SRFC in 2018, the overfishing limit (OFL)
is SOFL = 229,432 (potential spawner abundance forecast)
multiplied by 1-FMSY (1-0.78) or 50,475 returning spawners
(FMSY is the fishing mortality rate that would result in
maximum sustainable yield-MSY). SABC is 229,432 multiplied
by 1-FABC (1-0.70) (FMSY reduced for scientific
uncertainty = 0.70) or 68,830. The SACL is set equal to
SABC, i.e., 68,830 spawners. The adopted management measures
provide for a projected SRFC spawning escapement of 151,000. For KRFC
in 2018, SOFL is 59,733 (potential spawner abundance
forecast) multiplied by 1-FMSY (1-0.71), or 17,323 returning
spawners. SABC is 59,733 multiplied by 1-FABC (1-
0.68) (FMSY reduced for scientific uncertainty = 0.68) or
19,115 returning spawners. SACL is set equal to
SABC, i.e., 19,115 spawners. The adopted management measures
provide for a projected KRFC spawning escapement of 40,700. For Willapa
Bay natural coho in 2018, SOFL = 20,645 (potential spawner
abundance forecast) multiplied by 1-FMSY (1-0.74) or 5,368
returning spawners. SABC is 20,645 multiplied by 1-
FABC (1-0.70) (FMSY reduced for scientific
uncertainty = 0.70) or 6,194. SACL is set equal to
SABC, i.e., 6,194 spawners. The adopted management measures
provide for a projected Willapa Bay natural coho ocean escapement of
19,000.
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 LCR and
Puget Sound Chinook salmon, as well as four salmon stocks that are not
ESA-listed. For 2018, 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.
Emergency Rule
The Council's final recommendation for the ocean salmon fishing
seasons that commence May 1, 2018, deviates from the FMP specifically
with regard to the FMP's allocation schedule for coho harvest in the
area north of Cape Falcon, between commercial and recreational
fisheries. The total allowable catch (TAC) of coho in non-treaty
commercial and recreational fisheries north of Cape Falcon is 47,600
marked coho in 2018. At that TAC level, the FMP allocates 25 percent
(16 percent marked coho equivalent) of coho to the commercial fishery
and 75 percent (84 percent marked coho equivalent) of coho to the
recreational fishery. To limit fishery impacts on coho consistent with
the adopted spawning escapement and exploitation rates described above,
the Council recommended the following allocations of marked coho TAC:
12 percent commercial and 88 percent recreational. Recreational
fisheries are more dependent on coho, while commercial fisheries are
more dependent on Chinook salmon. Additionally, in mark-selective
fisheries, recreational fisheries have a lower impact rate than
commercial fisheries due to lower hook and release mortality. This
deviation from the FMP allocation schedule should provide fishing
opportunity on abundant stocks while limiting fishery impacts on Queets
coho.
The Council considered three alternative fishery management schemes
for the fisheries north of Cape Falcon; one of the three alternatives
was inconsistent with the FMP coho allocation schedule. Alternative I
would have limited the commercial fishery to 12 percent of the north of
Falcon marked coho TAC, inconsistent with the FMP allocation schedule
between commercial and recreational fisheries; Alternatives II and III
would have been consistent with the FMP coho allocation schedule. The
Council's state and tribal representatives, and industry advisory
committee, supported consideration of these three alternatives. The
Council's final recommended management measures are within the range of
the three alternatives in terms of impacts to coho and they meet the
FMP conservation objectives. The Council voted unanimously to adopt
these measures, and members spoke about the need to conserve Queets and
Grays Harbor coho while providing harvest opportunity on abundant
stocks to provide economic benefit to fishery dependent communities.
The proposed fisheries are designed to minimize impacts on Queets
and Grays Harbor coho and are not expected to jeopardize the capacity
of the fishery to produce maximum sustainable yield on a continuing
basis. The FMP defines overfishing and overfished status for these
stocks. No coho stock would be subject to overfishing under the
proposed management measures. Queets coho currently meet the FMP's SDC
for an overfished condition based on escapements in 2014, 2015, and
2016. Escapement for Queets coho is not yet available for 2017;
however, fisheries in 2017 were managed similar to the Council's
proposed 2018 fisheries, to conserve fishery impacts to Queets and
other coho stocks.
The temporary rule for emergency action implements the 2018 annual
management measures for the West Coast ocean salmon fisheries for the
area from the U.S./Canada border to Cape Falcon, OR, for 180 days, from
May 1, 2018, through October 28, 2018 (16 U.S.C. 1855(c)).
Public Comments
The Council invited written comments on developing 2018 salmon
management measures in their notice announcing public meetings and
hearings (82 FR 61268, December 27, 2017). At its March meeting, the
Council adopted three alternatives for 2018 salmon management measures
having a range of quotas, season structure, and impacts, from the least
restrictive in 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 229 people; 80 people provided oral
comments. Comments came from individual fishers, fishing associations,
fish buyers, and processors. Written and oral comments addressed the
2018 management alternatives described in PRE II, and generally
expressed preferences for a specific alternative or for particular
season structures as well as concern over economic impacts of
restricting fisheries for conservation of weak stocks. All comments
were included in the Council's briefing book for their April 2018
meeting and were considered by the Council, which includes a
representative from NMFS, in developing the recommended management
measures transmitted to
[[Page 19009]]
NMFS on April 19, 2018. In addition to comments collected at the public
hearings and those submitted directly to the Council, several people
provided oral comments at the April 2018 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 notice (83
FR 3133, January 23, 2018). Twenty comments were submitted via
www.regulations.gov; of these, two were relevant to the 2018 ocean
salmon fishery.
Comments on alternatives for fisheries north of Cape Falcon. For
fisheries north of Cape Falcon, Alternative I was favored by most
commercial and recreational fishery commenters at the public hearing in
Westport, WA. A variety of modifications to the alternatives were
presented, most designed to maximize fishing opportunity or extend the
season in both commercial and recreational fisheries.
Comments on alternatives for fisheries south of Cape Falcon.
Comments supporting a particular alternative south of Cape Falcon
varied with geographic location of the meeting or commenter. Those
attending the meeting in Coos Bay, OR, largely favored Alternative I
for both commercial and recreational fisheries, while those attending
the meeting in Salinas, CA, did not express support for any of the
commercial fishery alternatives and the few attendees who expressed a
preference for any of the recreational alternatives favored Alternative
I. Comments on fisheries south of Cape Falcon largely focused on the
economic consequences of continuing constrained fisheries.
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. The alternatives included:
(1) A range of trip limits for halibut possession and landing, (2) two
alternatives for the ratio of halibut to Chinook salmon landed in a
trip, and (3) the number of halibut that could be retained prior to
catching any Chinook salmon. There were a few comments received on
halibut and these focused on the ability to access the full halibut
allocation as Chinook salmon landing limits will be constrained in many
areas (severely constrained salmon fisheries in 2016 resulted in the
commercial fleet being unable to access all of the incidental halibut
allocation available).
Comments from treaty tribe representatives. At its March and April
meetings, the Council heard testimony from members of several treaty
tribes; additional comments were submitted in writing. There was strong
concern about environmental conditions in the Klamath and Trinity
Rivers that are deleterious to salmon survival, including promoting
increased rates of infection by the parasite Ceratonova shasta.
Comments were made on the need for sufficient spawning escapement in
the Columbia River Basin and in support of successful artificial
propogation and reintroduction efforts implemented there by the tribes.
Comments were made on the reserved treaty rights of tribes to fish and
frustration with insufficient salmon for tribal needs.
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 impact limits for ESA-listed stocks,
ACLs, PST obligations, and tribal fishing rights. These management
tools assist the Council in meeting impact limits on weak stocks. The
Council adopted an alternative for incidental halibut retention that is
within the range of the alternatives considered, including a per trip
landing limit that is lower than was adopted for 2017 salmon fisheries
(82 FR 19631, April 28, 2017).
Management Measures for 2018 Fisheries
The Council's recommended ocean harvest levels and management
measures for the 2018 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 to be responsive to the goals of the FMP,
the requirements of the resource, and the socioeconomic factors
affecting resource users. The recommendations are consistent with the
requirements of the MSA, 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
are consistent with the proposed actions analyzed in NMFS' ESA
consultations for those ESA-listed salmon species that may be affected
by Council fisheries. Accordingly, NMFS, through this final rule and
temporary rule, approves and implements the Council's recommendations.
North of Cape Falcon, 2018 management measures for non-Indian
commercial troll and recreational fisheries have decreased quotas for
Chinook salmon compared to 2017, and coho quotas are the same as in
2017.
Quotas for the 2018 treaty-Indian commercial troll fishery North of
Cape Falcon are 40,000 Chinook salmon and 12,500 coho in ocean
management areas and Washington State Statistical Area 4B combined.
These quotas are unchanged from 2017. The treaty-Indian commercial
fisheries include a May and June fishery with a quota of 16,000
Chinook, and a July and August fishery, with quotas of 24,000 Chinook
and 12,500 coho.
Recreational fisheries south of Cape Falcon will be directed
primarily at Chinook salmon and are shaped to meet conservation and
management goals for KRFC and SRFC spawning escapement. Commercial
fisheries south of Cape Falcon will be directed at Chinook and have no
coho retention.
Management Measures for 2019 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 2019 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 2019 as indicated in the ``Season
Description'' section of this document. At the March 2019 meeting, NMFS
may take inseason action, if recommended by the Council or the states,
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 ocean
salmon fishery. Open seasons and days are described in Sections 1, 2,
and 3 of the 2018 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
[[Page 19010]]
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, approved, and implemented here for 2018 and, as specified, for
2019.
Section 1. Commercial Management Measures for 2018 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 the earlier of June 30 or 16,500 Chinook, no more than
5,200 of which may be caught in the area between the U.S./Canada border
and the Queets River and no more than 4,600 of which may be caught in
the area between Leadbetter Point and Cape Falcon (C.8). Open seven
days per week (C.1). All salmon except coho may be retained (C.4, C.7).
Chinook minimum size limit of 28 inches total length (B). See
compliance requirements (C.1) and gear restrictions and definitions
(C.2, C.3). Chinook landing and possession limits per vessel per
landing week (Thursday through Wednesday) are in place:
U.S./Canada border to the Queets River: 50 Chinook;
Queets River to Leadbetter Point: 100 Chinook;
Leadbetter Point to Cape Falcon: 50 Chinook (C.1, C.6).
When it is projected that approximately 60 percent of the overall
Chinook guideline has been landed, or approximately 60 percent of the
Chinook subarea guideline has been landed in the area between the U.S./
Canada border and the Queets River, or approximately 60 percent of the
Chinook subarea guideline has been landed in the area between
Leadbetter Point and Cape Falcon, inseason action will be considered to
ensure the guideline is not exceeded.
July 1 through the earlier of September 19 or 11,000 Chinook or
5,600 coho, no more than 4,600 Chinook may be caught in the area
between the U.S./Canada border and the Queets River, and no more than
1,300 Chinook may be caught in the area between Leadbetter Point and
Cape Falcon (C.8). Open seven days per week. All salmon may be
retained, except no chum retention north of Cape Alava, Washington, in
August and September (C.4, C.7). Chinook minimum size limit of 28
inches total length. Coho minimum size limit of 16 inches total length
(B, C.1). All coho must be marked with a healed adipose fin clip
(C.8.e). See compliance requirements (C.1) and gear restrictions and
definitions (C.2, C.3). In the area between the U.S./Canada border and
the Queets River and the area between Leadbetter Point and Cape Falcon,
a landing and possession limit of 50 Chinook per vessel per landing
week (Thursday through Wednesday) will be in place (C.1, C.6). Landing
and possession limit of 10 coho per vessel per landing week (C.1). When
it is projected that approximately 60 percent of the overall Chinook
guideline has been landed, or approximately 60 percent of the Chinook
subarea guideline has been landed in the area between the U.S./Canada
border and the Queets River, or approximately 60 percent of the Chinook
subarea guideline has been landed in the area between Leadbetter Point
and Cape Falcon, inseason action will be considered to ensure the
guideline is not exceeded.
For all commercial troll fisheries north of Cape Falcon: Mandatory
closed areas include: Salmon Troll Yelloweye Rockfish Conservation Area
(YRCA), Cape Flattery and Columbia Control Zones, and, beginning August
13, Grays Harbor Control Zone (C.5). Vessels must land and deliver
their salmon 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 all species of 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 all
species of fish within the area and south of Leadbetter Point, except
that Oregon permitted vessels may also land all species of fish in
Garibaldi, OR. 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, WA, and Cape Falcon, OR, must notify 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 [email protected].
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). Vessels in possession of salmon north of the
Queets River may not cross the Queets River line without first
notifying WDFW at (360) 249-1215 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) 249-1215 with area fished, total
Chinook, coho, and halibut catch aboard, and destination.
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
May 4-14, and 19-31;
June 4-12, and 16-30;
July 5-12, and 16-31;
August 3-7, 13-17, and 25-29;
September 1-October 31 (C.9.a).
Open seven days per week. All salmon except coho may be retained
(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 1, no more than 50 Chinook
allowed per vessel per landing week (Thursday through Wednesday); and
only open shoreward of the 40 fathom management line beginning October
1.
In 2019, the season will open March 15 for all salmon except coho.
Chinook minimum size limit of 28 inches total length. Gear restrictions
same as in 2018. This opening could be modified following Council
review at its March 2019 meeting.
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
May 4-14, and 19-31;
June 4-12, and 16-30, or a 1,500 Chinook quota;
July 5-12, and 16-31, or a 2,000 Chinook quota;
August 3-7, 13-17, and 25-29, or a 500 Chinook quota; (C.9.a).
Open seven days per week. All salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit of 28 inches total length (B,
C.1). See compliance requirements (C.1) and gear
[[Page 19011]]
restrictions and definitions (C.2, C.3). Prior to June 1, all salmon
caught in this area must be landed and delivered in the state of
Oregon. June 4 through August 29 weekly landing and possession limit of
50 Chinook per vessel per landing week (Thursday through Wednesday).
Any remaining portion of a monthly Chinook quota may be transferred
inseason on an impact neutral basis to the next open quota period
(C.8.b). All vessels fishing in this area from June through August must
land and deliver all salmon within this area or into Port Orford,
within 24 hours of any closure of this fishery, and prior to fishing
outside of this area. For all quota managed seasons, Oregon state
regulations require fishers to notify ODFW within one hour of landing
and prior to transport away from the port of landing by calling (541)
867-0300 extension 252 or sending notification via email to
[email protected], with vessel name and number, number of
salmon by species, location of delivery, and estimated time of
delivery. In 2019, the season will open March 15 for all salmon except
coho. Chinook minimum size limit of 28 inches total length. Gear
restrictions same as in 2018. This opening could be modified following
Council review at its March 2019 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
May 1 through the earlier of May 29, or a 3,600 Chinook quota;
June 1 through the earlier of June 30, or a 4,000 Chinook quota;
July 1 through the earlier of July 31, or a 4,000 Chinook quota;
August 3 through the earlier of August 31, or a 4,000 Chinook quota
(C.9.b).
Open five days per week (Friday through Tuesday). All salmon except
coho may be retained (C.4, C.7). Chinook minimum size limit of 26
inches total length (B, C.1). Landing and possession limit of 20
Chinook per vessel per day (C.8.f). Any remaining portion of a monthly
Chinook quota may be transferred inseason on an impact neutral basis to
the next open quota period (C.8.g). See compliance requirements (C.1)
and gear restrictions and definitions (C.2, C.3). 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).
Klamath Control Zone closed (C.5.e). See California State regulations
for additional closures adjacent to the Smith and Klamath Rivers.
--Humboldt South Jetty to Horse Mt.
Closed.
For all commercial fisheries south of Cape Falcon: 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, OR, 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).
--Horse Mt. to Point Arena (Fort Bragg)
July 26-31;
August 3-29;
September 1-30 (C.9.b).
Open seven days per week. All salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit of 26 inches total length (B,
C.1). See compliance requirements (C.1) and gear restrictions and
definitions (C.2, C.3). All salmon must be landed in California. All
salmon caught in the area 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 until the California KMZ fishery has
been closed for at least 24 hours (C.6). During September, all fish
must be landed north of Point Arena (C.6). In 2019, the season will
open April 16-30 for all salmon except coho, with a 27 inch Chinook
minimum size limit and the same gear restrictions as in 2018. All
salmon caught in the area must be landed in the area. This opening
could be modified following Council review at its March 2019 meeting.
--Point Arena to Pigeon Point (San Francisco)
July 26-31;
August 3-29;
September 1-30 (C.9.b).
Open seven days per week. All salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit of 26 inches total length (B,
C.1). See compliance requirements (C.1) and gear restrictions and
definitions (C.2, C.3). All salmon must be landed in California. All
salmon caught in the area 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 until the California KMZ fishery has
been closed for at least 24 hours (C.6). During September, all fish
must be landed south of Point Arena (C.6).
--Point Reyes to Point San Pedro (Fall Area Target Zone)
October 1-5 and 8-12.
Open five days per week, Monday through Friday. All salmon except
coho may be retained (C.4, C.7). Chinook minimum size limit of 26
inches total length (B, C.1). All salmon caught in this area must be
landed between Point Arena and Pigeon Point (C.6). See compliance
requirements (C.1) and gear restrictions and definitions (C.2, C.3).
--Pigeon Point to U.S./Mexico Border (Monterey)
May 1-7;
June 19-30 (C.9.b).
Open seven days per week. All salmon except coho may be retained
(C.4, C.7). Chinook minimum size limit of 26 inches total length (B,
C.1). See compliance requirements (C.1) and gear restrictions and
definitions (C.2, C.3). All fish must be landed in California. All
salmon caught in the area must be landed and offloaded no later than
11:59 p.m., July 15 (C.6). When the California KMZ fishery is open, all
fish caught in the area must be landed south of Horse Mountain until
the California KMZ fishery has been closed for at least 24 hours (C.6).
For all commercial troll fisheries in California: California State
regulations require all salmon be made available to a California
Department of Fish and Wildlife (CDFW) representative for sampling
immediately at port of landing. Any person in possession of a salmon
with a missing adipose fin, upon request by an authorized agent or
employee of the CDFW, shall immediately relinquish the head of the
salmon to the state (California Fish and Game Code Sec. 8226).
B. Minimum Size (Inches) (See C.1)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.... 28.0 21.5 16 12 None.
Cape Falcon to Humbug 28.0 21.5 .............. .............. None.
Mountain.
[[Page 19012]]
Humbug Mountain to OR/CA 28.0 21.5 .............. .............. None.
border.
OR/CA border to Humboldt 26.0 19.5 .............. .............. 26.
South Jetty.
Horse Mountain to Point 26.0 19.5 .............. .............. 26.
Arena.
Point Arena to Pigeon Point. 26.0 19.5 .............. .............. 26.
Pigeon Point to U.S./Mexico 26.0 19.5 .............. .............. 26.
border.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 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 engaged in trolling. In that portion of
the fishery management area off Oregon and Washington, the line or
lines must be affixed to the vessel and must not be intentionally
disengaged from the vessel at any time during the fishing operation.
Spread defined: A single leader connected to an individual lure
and/or bait.
Circle hook defined: A hook with a generally circular shape and a
point which turns inward, pointing directly to the shank at a 90'
angle.
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, WDFW, and Oregon State Police 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. Salmon Troll YRCA (50 CFR 660.70(c))--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 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 6 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).
f. Waypoints for the 40 fathom regulatory line from Cape Falcon to
Humbug Mountain (50 CFR 660.71(k)).
(12) 45[deg]46.00' N lat., 124[deg]04.49' W long.;
(13) 45[deg]44.34' N lat., 124[deg]05.09' W long.;
(14) 45[deg]40.64' N lat., 124[deg]04.90' W long.;
(15) 45[deg]33.00' N lat., 124[deg]04.46' W long.;
(16) 45[deg]32.27' N lat., 124[deg]04.74' W long.;
(17) 45[deg]29.26' N lat., 124[deg]04.22' W long.;
(18) 45[deg]20.25' N lat., 124[deg]04.67' W long.;
(19) 45[deg]19.99' N lat., 124[deg]04.62' W long.;
(20) 45[deg]17.50' N lat., 124[deg]04.91' W long.;
(21) 45[deg]11.29' N lat., 124[deg]05.20' W long.;
(22) 45[deg]05.80' N lat., 124[deg]05.40' W long.;
(23) 45[deg]05.08' N lat., 124[deg]05.93' W long.;
(24) 45[deg]03.83' N lat., 124[deg]06.47' W long.;
(25) 45[deg]01.70' N lat., 124[deg]06.53' W long.;
(26) 44[deg]58.75' N lat., 124[deg]07.14' W long.;
(27) 44[deg]51.28' N lat., 124[deg]10.21' W long.;
(28) 44[deg]49.49' N lat., 124[deg]10.90' W long.;
(29) 44[deg]44.96' N lat., 124[deg]14.39' W long.;
[[Page 19013]]
(30) 44[deg]43.44' N lat., 124[deg]14.78' W long.;
(31) 44[deg]42.26' N lat., 124[deg]13.81' W long.;
(32) 44[deg]41.68' N lat., 124[deg]15.38' W long.;
(33) 44[deg]34.87' N lat., 124[deg]15.80' W long.;
(34) 44[deg]33.74' N lat., 124[deg]14.44' W long.;
(35) 44[deg]27.66' N lat., 124[deg]16.99' W long.;
(36) 44[deg]19.13' N lat., 124[deg]19.22' W long.;
(37) 44[deg]15.35' N lat., 124[deg]17.38' W long.;
(38) 44[deg]14.38' N lat., 124[deg]17.78' W long.;
(39) 44[deg]12.80' N lat., 124[deg]17.18' W long.;
(40) 44[deg]09.23' N lat., 124[deg]15.96' W long.;
(41) 44[deg]08.38' N lat., 124[deg]16.79' W long.;
(42) 44[deg]08.30' N lat., 124[deg]16.75' W long.;
(43) 44[deg]01.18' N lat., 124[deg]15.42' W long.;
(44) 43[deg]51.61' N lat., 124[deg]14.68' W long.;
(45) 43[deg]42.66' N lat., 124[deg]15.46' W long.;
(46) 43[deg]40.49' N lat., 124[deg]15.74' W long.;
(47) 43[deg]38.77' N lat., 124[deg]15.64' W long.;
(48) 43[deg]34.52' N lat., 124[deg]16.73' W long.;
(49) 43[deg]28.82' N lat., 124[deg]19.52' W long.;
(50) 43[deg]23.91' N lat., 124[deg]24.28' W long.;
(51) 43[deg]20.83' N lat., 124[deg]26.63' W long.;
(52) 43[deg]17.96' N lat., 124[deg]28.81' W long.;
(53) 43[deg]16.75' N lat., 124[deg]28.42' W long.;
(54) 43[deg]13.97' N lat., 124[deg]31.99' W long.;
(55) 43[deg]13.72' N lat., 124[deg]33.25' W long.;
(56) 43[deg]12.26' N lat., 124[deg]34.16' W long.;
(57) 43[deg]10.96' N lat., 124[deg]32.33' W long.;
(58) 43[deg]05.65' N lat., 124[deg]31.52' W long.;
(59) 42[deg]59.66' N lat., 124[deg]32.58' W long.;
(60) 42[deg]54.97' N lat., 124[deg]36.99' W long.;
(61) 42[deg]53.81' N lat., 124[deg]38.57' W long.;
(62) 42[deg]50.00' N lat., 124[deg]39.68' W long.;
(63) 42[deg]49.13' N lat., 124[deg]39.70' W long.;
(64) 42[deg]46.47' N lat., 124[deg]38.89' W long.;
(65) 42[deg]45.74' N lat., 124[deg]38.86' W long.;
(66) 42[deg]44.79' N lat., 124[deg]37.96' W long.;
(67) 42[deg]45.01' N lat., 124[deg]36.39' W long.;
(68) 42[deg]44.14' N lat., 124[deg]35.17' W long.;
(69) 42[deg]42.14' N lat., 124[deg]32.82' W long.;
(70) 42[deg]40.50' N lat., 124[deg]31.98' W long.
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 number of salmon
(by species) on board, the estimated time of arrival, and the specific
reason the vessel is not able to meet special management area landing
restrictions.
In addition to contacting the USCG, vessels fishing south of the
Oregon/California border must notify CDFW within one hour of leaving
the management area by calling (800) 889-8346 and providing the same
information as reported to the USCG. All salmon must be offloaded
within 24 hours of reaching port.
C.7. Incidental Halibut Harvest
During authorized periods, the operator of a vessel that has been
issued an incidental halibut harvest license by the International
Pacific Halibut Commission (IPHC) may retain Pacific halibut caught
incidentally in Area 2A while trolling for salmon. Halibut retained
must be no less than 32 inches 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 IPHC (phone: 206-634-1838). Applicants must apply prior to mid-
March 2019 for 2019 permits (exact date to be set by the IPHC in early
2019). Incidental harvest is authorized only during April, May, and
June of the 2018 troll seasons and after June 30 in 2018 if quota
remains and if announced on the NMFS hotline (phone: (800) 662-9825 or
(206) 526-6667). WDFW, ODFW, and CDFW will monitor landings. If the
landings are projected to exceed the IPHC's 35,620 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, 2018, until the end of the 2018 salmon troll season, and
April 1-30, 2019, license holders may land or possess no more than one
Pacific halibut per each two Chinook, except one Pacific halibut may be
possessed or landed without meeting the ratio requirement, and no more
than 25 halibut may be possessed or landed per trip. Pacific halibut
retained must be no less than 32 inches in total length (with head on).
IPHC license holders must comply with all applicable IPHC regulations.
Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2018, prior to any 2018 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2019, unless otherwise modified by inseason action at
the March 2019 Council meeting.
a. ``C-shaped'' YRCA is an area to be voluntarily avoided for
salmon trolling. NMFS and the Council request salmon trollers
voluntarily avoid this area in order to protect yelloweye rockfish. The
area is defined in the 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 or July non-Indian commercial
troll quotas in the Oregon KMZ may be transferred to the Chinook quota
for the next open quota period if the transfer would not result in
exceeding preseason impact expectations on any stocks.
c. NMFS may transfer salmon 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 preseason impact expectations on
any stocks.
d. At the March 2019 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2018).
e. If retention of unmarked coho (adipose fin intact) is permitted
by inseason action, the allowable coho quota will be adjusted to ensure
preseason projected impacts on all stocks is not exceeded.
f. Landing limits may be modified inseason to sustain season length
and keep harvest within overall quotas.
g. Chinook remaining from the remaining May, June, and/or July non-
Indian commercial troll quotas in the California 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.9. State Waters Fisheries
Consistent with Council management objectives:
[[Page 19014]]
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 KMZ for the Ocean Salmon Season Shall Be
That Area From Humbug Mountain, Oregon, to Horse Mountain, California.
Section 2. Recreational Management Measures for 2018 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 Alava (Neah Bay Subarea)
June 23 through earlier of September 3 or 4,370 marked coho subarea
quota with a subarea guideline of 4,900 Chinook (C.5).
Open seven days per week. All salmon may be retained, except no
chum beginning August 1; two salmon per day, no more than one of which
may be a Chinook. 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).
--Cape Alava to Queets River (La Push Subarea)
June 23 through earlier of September 3 or 1,090 marked coho subarea
quota with a subarea guideline of 1,500 Chinook (C.5).
Open seven days per week. All salmon may be retained, two salmon
per day. All coho must be marked with a healed adipose fin clip (C.1).
See gear restrictions and definitions (C.2, C.3).
--Queets River to Leadbetter Point (Westport Subarea)
July 1 through earlier of September 3 or 15,540 marked coho subarea
quota with a subarea guideline of 13,100 Chinook (C.5).
Open five days per week (Sunday through Thursday). All salmon may
be retained; two salmon per day, no more than one of which may 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 13 (C.4.b).
--Leadbetter Point to Cape Falcon (Columbia River Subarea)
June 23 through earlier of September 3 or 21,000 marked coho
subarea quota with a subarea guideline of 8,000 Chinook (C.5).
Open seven days per week. All salmon may be retained; two salmon
per day, no more than one of which may 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).
For all recreational fisheries north of Cape Falcon: 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 mark-selective coho fishery and the non-mark-selective coho fishery
(C.5).
Open seven days per week. All salmon except coho may be retained;
two salmon per day (C.1). Chinook minimum size limit of 24 inches total
length (B). See gear restrictions and definitions (C.2, C.3). October
1-31: The fishery is only open shoreward of the 40 fathom management
line.
In 2019, the season will open March 15 for all salmon except coho;
two salmon per day (C.1). Chinook minimum size limit of 24 inches total
length (B); and the same gear restrictions as in 2018 (C.2, C.3). This
opening could be modified following Council review at the March 2019
Council meeting.
--Cape Falcon to Humbug Mountain
Mark-selective coho fishery: June 30 through the earlier of
September 3, or a landed catch of 35,000 marked coho (C.6). Open seven
days per week. All salmon may be retained, except all retained coho
must be marked with a healed adipose fin clip, two salmon per day
(C.1). See minimum size limits (B). See gear restrictions and
definitions (C.2, C.3, C.5.e).
Non-mark-selective coho fishery: September 7-8, and each Friday
through Saturday thereafter through the earlier of September 29 or a
landed catch of a 3,500 non-mark-selective coho quota (C.6). Open days
may be modified inseason. All salmon may be retained, two salmon per
day (C.1). See minimum size limits (B). See gear restrictions and
definitions (C.2, C.3).
--Humbug Mountain to Oregon/California border (Oregon KMZ)
May 19-August 26 (C.6).
Open seven days per week. All salmon except coho may be retained,
two salmon per day (C.1). Chinook minimum size limit of 24 inches total
length (B). See gear restrictions and definitions (C.2, C.3).
For recreational fisheries from Cape Falcon to Humbug Mountain:
Fishing in the Stonewall Bank YRCA restricted to trolling only on days
the all depth recreational halibut fishery is open (call the halibut
fishing hotline (800) 662-9825 for specific dates) (C.3.b, C.4.d).
--Oregon/California Border to Horse Mountain (California KMZ)
June 1-September 3 (C.6).
Open seven days per week. All salmon except coho may be retained,
two salmon 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)
June 17-October 31 (C.6).
Open seven days per week. All salmon except coho may be retained;
two salmon per day (C.1). Chinook minimum size limit of 20 inches total
length (B). See gear restrictions and definitions (C.2, C.3).
In 2019, season opens April 6 for all salmon except coho, two
salmon per day (C.1). Chinook minimum size limit of 20 inches total
length (B); and the same gear restrictions as in 2018 (C.2, C.3). This
opening could be modified following Council review at the March 2019
Council meeting.
--Point Arena to Pigeon Point (San Francisco)
June 17-October 31 (C.6).
Open seven days per week. All salmon except coho may be retained,
two salmon per day (C.1). Chinook minimum size limit of 20 inches total
length (B). See gear restrictions and definitions (C.2, C.3).
[[Page 19015]]
In 2019, season opens April 6 for all salmon except coho; two
salmon per day (C.1). Chinook minimum size limit of 24 inches total
length (B); and the same gear restrictions as in 2018 (C.2, C.3). This
opening could be modified following Council review at the March 2019
Council meeting.
--Pigeon Point to U.S./Mexico border (Monterey)
April 7-July 2 (C.6).
Open seven days per week. All salmon except coho may be retained;
two salmon per day (C.1). Chinook minimum size limit of 24 inches total
length (B). See gear restrictions and definitions (C.2, C.3).
In 2019, season opens April 6 for all salmon except coho; two
salmon per day (C.1). Chinook minimum size limit of 24 inches total
length (B); and the same gear restrictions as in 2018 (C.2, C.3). This
opening could be modified following Council review at the March 2019
Council meeting.
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................. 20.0 .............. 20.0.
Pigeon Point to U.S./Mexico border.......... 24.0 .............. 24.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, and 16.0 in = 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.
b. Horse Mountain, California, to Point Conception, California:
Single point, single shank, barbless circle hooks (see gear definitions
below) are required when fishing with bait by any means other than
trolling, and no more than two such hooks shall be used. When angling
with two hooks, the distance between the hooks must not exceed five
inches when measured from the top of the eye of the top hook to the
inner base of the curve of the lower hook, and both hooks must be
permanently tied in place (hard tied). Circle hooks are not required
when artificial lures are used without bait.
C.3. Gear Definitions
a. Recreational fishing gear defined: Off Oregon and Washington,
angling tackle consists of a single line that must be attached to a rod
and reel held by hand or closely attended; the rod and reel must be
held by hand while playing a hooked fish. No person may use more than
one rod and line while fishing off Oregon or Washington. Off
California, the line must be attached to a rod and reel held by hand or
closely attended; weights directly attached to a line may not exceed
four pounds (1.8 kg). While fishing off California north of Point
Conception, no person fishing for salmon, and no person fishing from a
boat with salmon on board, may use more than one rod and line. Fishing
includes any activity which can reasonably be expected to result in the
catching, taking, or harvesting of fish.
b. Trolling defined: Angling from a boat or floating device that is
making way by means of a source of power, other than drifting by means
of the prevailing water current or weather conditions.
c. Circle hook defined: A hook with a generally circular shape and
a point which turns inward, pointing directly to the shank at a 90[deg]
angle.
C.4. Control Zone Definitions
a. The Bonilla-Tatoosh Line: A line running from the western end of
Cape Flattery to Tatoosh Island Lighthouse (48[deg]23'30'' N lat.,
124[deg]44'12'' W long.) to the buoy adjacent to Duntze Rock
(48[deg]24'37'' N lat., 124[deg]44'37'' W long.), then in a straight
line to Bonilla Point (48[deg]35'39'' N lat., 124[deg]42'58'' W long.)
on Vancouver Island, British Columbia.
b. Grays Harbor Control Zone--The area defined by a line drawn from
the Westport Lighthouse (46[deg]53'18'' N lat., 124[deg]07'01'' W
long.) to Buoy #2 (46[deg]52'42'' N lat., 124[deg]12'42'' W long.) to
Buoy #3 (46[deg]55'00'' N lat., 124[deg]14'48'' W long.) to the Grays
Harbor north jetty (46[deg]55'36'' N lat., 124[deg]10'51'' W long.).
c. Columbia Control Zone: An area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between the
red lighted Buoy #4 (46[deg]13'35'' N lat., 124[deg]06'50'' W long.)
and the green lighted Buoy #7 (46[deg]15'09'' N lat., 124[deg]06'16'' W
long.); on the east, by the Buoy #10 line which bears north/south at
357[deg] true from the south jetty at 46[deg]14'00'' N lat.,
124[deg]03'07'' W long. to its intersection with the north jetty; on
the north, by a line running northeast/southwest between the green
lighted Buoy #7 to the tip of the north jetty (46[deg]15'48'' N lat.,
124[deg]05'20'' W long. and then along the north jetty to the point of
[[Page 19016]]
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 YRCA: 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 6 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).
f. Waypoints for the 40 fathom regulatory line from Cape Falcon to
Humbug Mountain (50 CFR 660.71(k)).
(12) 45[deg]46.00' N lat., 124[deg]04.49' W long.;
(13) 45[deg]44.34' N lat., 124[deg]05.09' W long.;
(14) 45[deg]40.64' N lat., 124[deg]04.90' W long.;
(15) 45[deg]33.00' N lat., 124[deg]04.46' W long.;
(16) 45[deg]32.27' N lat., 124[deg]04.74' W long.;
(17) 45[deg]29.26' N lat., 124[deg]04.22' W long.;
(18) 45[deg]20.25' N lat., 124[deg]04.67' W long.;
(19) 45[deg]19.99' N lat., 124[deg]04.62' W long.;
(20) 45[deg]17.50' N lat., 124[deg]04.91' W long.;
(21) 45[deg]11.29' N lat., 124[deg]05.20' W long.;
(22) 45[deg]05.80' N lat., 124[deg]05.40' W long.;
(23) 45[deg]05.08' N lat., 124[deg]05.93' W long.;
(24) 45[deg]03.83' N lat., 124[deg]06.47' W long.;
(25) 45[deg]01.70' N lat., 124[deg]06.53' W long.;
(26) 44[deg]58.75' N lat., 124[deg]07.14' W long.;
(27) 44[deg]51.28' N lat., 124[deg]10.21' W long.;
(28) 44[deg]49.49' N lat., 124[deg]10.90' W long.;
(29) 44[deg]44.96' N lat., 124[deg]14.39' W long.;
(30) 44[deg]43.44' N lat., 124[deg]14.78' W long.;
(31) 44[deg]42.26' N lat., 124[deg]13.81' W long.;
(32) 44[deg]41.68' N lat., 124[deg]15.38' W long.;
(33) 44[deg]34.87' N lat., 124[deg]15.80' W long.;
(34) 44[deg]33.74' N lat., 124[deg]14.44' W long.;
(35) 44[deg]27.66' N lat., 124[deg]16.99' W long.;
(36) 44[deg]19.13' N lat., 124[deg]19.22' W long.;
(37) 44[deg]15.35' N lat., 124[deg]17.38' W long.;
(38) 44[deg]14.38' N lat., 124[deg]17.78' W long.;
(39) 44[deg]12.80' N lat., 124[deg]17.18' W long.;
(40) 44[deg]09.23' N lat., 124[deg]15.96' W long.;
(41) 44[deg]08.38' N lat., 124[deg]16.79' W long.;
(42) 44[deg]08.30' N lat., 124[deg]16.75' W long.;
(43) 44[deg]01.18' N lat., 124[deg]15.42' W long.;
(44) 43[deg]51.61' N lat., 124[deg]14.68' W long.;
(45) 43[deg]42.66' N lat., 124[deg]15.46' W long.;
(46) 43[deg]40.49' N lat., 124[deg]15.74' W long.;
(47) 43[deg]38.77' N lat., 124[deg]15.64' W long.;
(48) 43[deg]34.52' N lat., 124[deg]16.73' W long.;
(49) 43[deg]28.82' N lat., 124[deg]19.52' W long.;
(50) 43[deg]23.91' N lat., 124[deg]24.28' W long.;
(51) 43[deg]20.83' N lat., 124[deg]26.63' W long.;
(52) 43[deg]17.96' N lat., 124[deg]28.81' W long.;
(53) 43[deg]16.75' N lat., 124[deg]28.42' W long.;
(54) 43[deg]13.97' N lat., 124[deg]31.99' W long.;
(55) 43[deg]13.72' N lat., 124[deg]33.25' W long.;
(56) 43[deg]12.26' N lat., 124[deg]34.16' W long.;
(57) 43[deg]10.96' N lat., 124[deg]32.33' W long.;
(58) 43[deg]05.65' N lat., 124[deg]31.52' W long.;
(59) 42[deg]59.66' N lat., 124[deg]32.58' W long.;
(60) 42[deg]54.97' N lat., 124[deg]36.99' W long.;
(61) 42[deg]53.81' N lat., 124[deg]38.57' W long.;
(62) 42[deg]50.00' N lat., 124[deg]39.68' W long.;
(63) 42[deg]49.13' N lat., 124[deg]39.70' W long.;
(64) 42[deg]46.47' N lat., 124[deg]38.89' W long.;
(65) 42[deg]45.74' N lat., 124[deg]38.86' W long.;
(66) 42[deg]44.79' N lat., 124[deg]37.96' W long.;
(67) 42[deg]45.01' N lat., 124[deg]36.39' W long.;
(68) 42[deg]44.14' N lat., 124[deg]35.17' W long.;
(69) 42[deg]42.14' N lat., 124[deg]32.82' W long.;
(70) 42[deg]40.50' N lat., 124[deg]31.98' W long.
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, or 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 (adipose fin intact)
coho. To remain consistent with preseason expectations, any inseason
action shall consider, if significant, the difference between observed
and preseason forecasted (adipose-clipped) 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 Humbug Mountain
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 2018 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 16,000 Chinook quota.
All salmon may be retained 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 24,000 Chinook quota
(C.5), or 12,500 coho quota.
All salmon. See size limit (B) and other restrictions (C).
B. Minimum Size (Inches)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ----------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
--------------------------------------------------------------------------------------------------------------------------------------------------------
North of Cape Falcon............................ 24.0 18.0 16.0 12.0 None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0 in = 40.6 cm, 12.0 in = 30.5 cm.
[[Page 19017]]
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 (defined to include
those waters of Puget Sound easterly of a line projected from the
Bonilla Point Light on Vancouver Island to the Tatoosh Island light,
thence to the most westerly point on Cape Flattery and westerly of a
line projected true north from the fishing boundary marker at the mouth
of the Sekiu River [WAC 220-301-030]).
MAKAH--Washington State Statistical Area 4B and that portion of the
fishery management area (FMA) north of 48[deg]02'15'' N lat. (Norwegian
Memorial) and east of 125[deg]44'00'' W long.
QUILEUTE--A polygon commencing at Cape Alava, located at latitude
48[deg]10'00'' north, longitude 124[deg]43'56.9'' west; then proceeding
west approximately forty nautical miles at that latitude to a
northwestern point located at latitude 48[deg]10'00'' north, longitude
125[deg]44'00'' west; then proceeding in a southeasterly direction
mirroring the coastline at a distance no farther than 40 nmi from the
mainland Pacific coast shoreline at any line of latitude, to a
southwestern point at latitude 47[deg]31'42'' north, longitude
125[deg]20'26'' west; then proceeding east along that line of latitude
to the Pacific coast shoreline at latitude 47[deg]31'42'' north,
longitude 124[deg]21'9.0'' west (per court order dated March 5, 2018,
Federal District Court for the Western District of Washington).
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--A polygon commencing at the Pacific coast shoreline near
Destruction Island, located at latitude 47[deg]40'06'' north, longitude
124[deg]23'51.362'' west; then proceeding west approximately 30 nmi at
that latitude to a northwestern point located at latitude
47[deg]40'06'' north, longitude 125[deg]08'30'' west; then proceeding
in a southeasterly direction mirroring the coastline no farther than 30
nmi from the mainland Pacific coast shoreline at any line of latitude
southwestern point at latitude 46[deg]53'18'' north, longitude
124[deg]53'53'' west; then proceeding east along that line of latitude
to the Pacific coast shoreline at latitude 46[deg]53'18'' north,
longitude 124[deg]7'36.6'' west (per court order dated March 5, 2018,
Federal District Court for the Western District of Washington).
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 October 1 through October 15 in the
same manner as in 2004-2015. Fish taken during this fishery are to be
counted against treaty troll quotas established for the 2018 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 9, 2018, NMFS published
a final rule announcing the IPHC's regulations, including season dates,
management measures, and Catch Sharing Plans for the U.S. waters off of
Alaska (83 FR 10390). On March 26, 2018, NMFS published an interim
final rule implementing Area 2A (U.S. West Coast) catch limits (83 FR
13080) and a separate final rule approving and implementing the Area 2A
Pacific halibut Catch Sharing Plan and management measures for 2018 (83
FR 13090). The Area 2A Catch Sharing Plan, in combination with the IPHC
regulations, provides that vessels participating in the salmon troll
fishery in Area 2A, 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 IPHC (phone: 206-634-1838). Applicants must apply prior to mid-
March 2019 for 2019 permits (exact date to be set by the IPHC in early
2019). Incidental harvest is authorized only during April, May, and
June of the 2018 troll seasons and after June 30 in 2018 if quota
remains and if announced on the NMFS hotline (phone: (800) 662-9825 or
(206) 526-6667). WDFW, ODFW, and CDFW will monitor landings. If the
landings are projected to exceed the 35,620 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, 2018, through December 31, 2018, and April 1-30, 2019,
license holders may land or possess no more than one Pacific halibut
per each two Chinook, except one Pacific halibut may be possessed or
landed without meeting the ratio requirement, and no more than 35
halibut may be possessed or landed per trip. Pacific halibut retained
must be no less than 32 inches in total length (with head on). IPHC
license holders must comply with all applicable IPHC regulations.
[[Page 19018]]
Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2018, prior to any 2018 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2019, unless otherwise modified by inseason action at
the March 2019 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, (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 USCG 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 MSA 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 has been determined to be not significant for
purposes of 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 would be
impracticable and contrary to the public interest.
The annual salmon management cycle begins May 1 and continues
through April 30 of the following year. May 1 was chosen because the
pre-May harvests constitute a relatively small portion of the annual
catch. The time frame of the preseason process for determining the
annual modifications to ocean salmon fishery management measures
depends on when the pertinent biological data are available. Salmon
stocks are managed to meet annual spawning escapement goals or specific
exploitation rates. Achieving either of these objectives requires
designing management measures that are appropriate for the ocean
abundance predicted for that year. These pre-season abundance
forecasts, which are derived from previous years' 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 two-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 abundance.
For the 2018 fishing regulations, the current stock abundance 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 2017). 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, salmon fisheries will
not open as scheduled, or would open based on 2017 management measures
which do not account for 2018 abundance projections without inseason
action by NMFS. This would result in lost fishing opportunity, negative
economic impacts, potential harm to stocks at low abundance and ESA-
listed stocks, and confusion for the public as the state fisheries
adopt concurrent regulations that conform to the Federal management
measures.
Overall, the annual population dynamics of the various salmon
stocks require managers to adjust the season structure of the West
Coast salmon 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
[[Page 19019]]
thereby undermining the purpose of this agency action.
In addition, these measures were developed with significant public
input. Public comment was received and considered by the Council and
NMFS throughout the process of developing these management measures. As
described above, the Council took comment at its March and April
meetings, and heard 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.
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 were
not available until February and management measures were not finalized
until mid-April. These measures are essential to conserve threatened
and endangered ocean salmon stocks as well as potentially overfished
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 MSA.
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 website
(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 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 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 current information collection approval expires on August 30,
2020. The public reporting burden for providing notifications if
landing area restrictions cannot be met is estimated to average 15
minutes per response. This estimate includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
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 provided guidance
on the impact limits for all ESA-listed salmon and steelhead species,
given annual abundance projections, in our annual guidance letter to
the Council dated March 6, 2018, but noted that further guidance might
be provided at the April meeting that would account for the year
specific circumstances. NMFS did provide an update to its guidance at
the April meeting for six Puget Sound management units. The management
measures for 2018 are consistent with the biological opinions. The
Council's recommended management measures therefore have been
determined not likely to jeopardize the continued existence of any
listed salmon species which may be affected by Council fisheries. In
some cases, the recommended measures are more restrictive than
necessary for ESA compliance.
NMFS consulted on the effects of the ocean salmon fisheries on the
ESA-listed Southern Resident killer whale (SRKW) distinct population
segment in 2009. NMFS considered conservative scenarios of prey
abundance, diet composition and prey selectivity to evaluate effects of
fishery-related prey reduction on SRKW and considered factors such as
the limited overlap of Council area fisheries and the whales. Based on
that information, NMFS concluded in the 2009 opinion that the salmon
fisheries were not likely to jeopardize SRKW. More recent information
regarding coastal diet and selectivity of the whales indicates that the
most conservative scenarios are not the most likely this upcoming
season and therefore, the effects of the 2018 fisheries are consistent
with the 2009 biological opinion. In addition, quotas for Chinook
salmon in fisheries north of Cape Falcon in particular are reduced from
those in 2017 and other recent years in order to meet management
objectives. As mentioned above, impacts from the Council's recommended
2018 fisheries to ESA-listed salmonids, including Chinook salmon are
consistent with the applicable opinions for those ESUs.
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 26, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-09164 Filed 4-30-18; 8:45 am]
BILLING CODE 3510-22-P