Fisheries Off West Coast States; West Coast Salmon Fisheries; 2020 Management Measures, 27317-27331 [2020-09903]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Rules and Regulations]
[Pages 27317-27331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09903]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 200505-0127]
RIN 0648-BJ48


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2020 Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: Through this final rule, NMFS establishes fishery management 
measures for the 2020 ocean salmon fisheries off Washington, Oregon, 
and California and the 2021 salmon seasons opening earlier than the 
effective date of the 2021 rule, which is expected to be no later than 
May 16, 2021, under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA). Specific fishery management 
measures vary by fishery and by area, and 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 to provide fishing opportunity for 
inside fisheries (fisheries occurring in state internal waters).

DATES: This final rule is effective from 0001 hours Pacific Daylight 
Time, May 6, 2020, until the effective date of the 2021 management 
measures, as published in the Federal Register.

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

[[Page 27318]]

are managed under a ``framework'' Fishery Management Plan (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 governs the establishment of annual management measures.
    The management measures for the 2020 and early 2021 ocean salmon 
fisheries that are implemented in this final rule were recommended by 
the Council at its April 4 to 10, 2020, meeting.

Process Used To Establish 2020 Management Measures

    The Council announced its annual preseason management process for 
the 2020 ocean salmon fisheries in the Federal Register on December 26, 
2019 (84 FR 70954), and on the Council's website at www.pcouncil.org. 
NMFS published an additional notice of opportunities to submit public 
comments on the 2020 ocean salmon fisheries in the Federal Register on 
February 12, 2020 (85 FR 7977). 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 2019 ocean salmon fisheries. The 
agendas for the March and April Council meetings were published in the 
Federal Register (85 FR 7922, February 12, 2020, and 85 FR 15433, March 
18, 2020, 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 2019 Ocean Salmon Fisheries,'' was prepared in February 
when the first increment of scientific information necessary for 
crafting management measures for the 2020 and early 2021 ocean salmon 
fisheries became available. The first report summarizes biological and 
socio-economic data for the 2019 ocean salmon fisheries and assesses 
the performance of the fisheries with respect to the Council's 2019 
management objectives as well as providing historical information for 
comparison. The second report, ``Preseason Report I Stock Abundance 
Analysis and Environmental Assessment Part 1 for 2020 Ocean Salmon 
Fishery Regulations'' (PRE I), provides the 2020 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2019 regulations and regulatory procedures were 
applied to the projected 2020 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 3 to 9, 2020, to develop 2020 management 
alternatives for proposal to the public. The Council proposed three 
alternatives for commercial and recreational fisheries management, and 
six alternatives for treaty Indian 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 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 2020 Ocean Salmon Fishery Regulations'' (PRE II), 
which analyzes the effects of the proposed 2020 management 
alternatives.
    The Council sponsored public hearings via webinar to receive 
testimony on the proposed alternatives on March 23, 2020, for 
Washington and Oregon, and on March 24, 2020, for California. The 
States of Washington, Oregon, and California sponsored meetings in 
various forums that also collected public testimony, which was then 
presented to the Council by each state's Council representative. The 
Council also received public testimony at both the March and April 
meetings and received written comments at the Council office and 
electronic submissions via the Council's electronic portal.
    The Council met from April 4 to 10, 2020, via webinar, to adopt its 
final 2020 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 2020 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).
    The annual salmon management cycle historically begins May 1 and 
continues through April 30 of the following year. This final rule is 
effective on May 6, rather than the traditional May 1 date, to 
accommodate the rulemaking process, as was done in 2019. The rule 
implementing the salmon fishery management measures in 2019 was 
effective until the effective date of this 2020 rule and governs 
fisheries that begin prior to May 6, 2020 (84 FR 19729, May 6, 2019). 
The majority of fisheries recommended by the Council for 2020 begin 
after May 6, 2020 and are authorized under this rule. Fisheries 
scheduled to begin before May 6, 2020, which were authorized under the 
2019 rule, are the commercial fisheries from Cape Falcon, OR, to the 
Oregon/California border and from Pigeon Point, CA, to the U.S./Mexico 
border, recreational fisheries from Cape Falcon, OR, to Humbug 
Mountain, OR, and from Horse Mountain, CA, to the U.S./Mexico border, 
and treaty Indian troll fisheries north of Cape Falcon. For purposes of 
analyzing the impacts of these fisheries on individual stocks relative 
to the applicable objectives in the FMP, Council analysts assumed 
fisheries prior to May 6, 2020, would be conducted under the 2019 
management measures for the May 1 to May 6 time period, consistent with 
the effective date of the 2019 salmon management measures rule and 
subsequent inseason actions under 50 CFR 660.409.

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.fisheries.noaa.gov/region/west-coast).

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)

[[Page 27319]]

between the U.S. and Canada, and other conservation objectives detailed 
in the FMP. In addition, under the MSA, all regulations must be 
consistent with other applicable law. 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 2020, several stocks will 
constrain fisheries; these are described below.
    Fisheries south of Cape Falcon, are limited in 2020 primarily by 
conservation concerns for Klamath River fall-run Chinook salmon (KRFC) 
and, north of the Oregon/California border, ESA conservation 
requirements for Oregon Coastal natural (OCN) coho salmon. The KRFC 
stock was determined in 2018 to be overfished; the Council has 
developed a rebuilding plan which NMFS has proposed to approve (85 FR 
6135, February 4, 2020). Fisheries north of Cape Falcon are limited by 
conservation concerns for Washington coastal coho salmon stocks, 
primarily Queets River natural (Queets) and Grays Harbor coho salmon, 
and ESA conservation requirements for Puget Sound Chinook salmon, Lower 
Columbia River natural (LCR) Chinook salmon and Lower Columbia River 
natural (LCN) coho salmon. Queets coho salmon was determined in 2018 to 
be overfished; the Council has developed a rebuilding plan which NMFS 
is considering for approval. The limitations imposed in order to 
protect these stocks are described below. The alternatives and the 
Council's recommended management measures for 2020 were designed to 
avoid exceeding these limitations. In addition to KRFC and Queets coho 
salmon, three other salmon stocks (Sacramento River fall-run Chinook 
salmon (SRFC), Strait of Juan de Fuca natural coho salmon, and 
Snohomish River natural coho salmon) were also determined in 2018 to be 
overfished, and the Council has recommended rebuilding plans for these 
stocks. NMFS proposes to approve the rebuilding plan for SRFC (85 FR 
6135, February 4, 2020) and is considering approval for the Strait of 
Juan de Fuca and Snohomish River natural coho salmon stocks, in 
addition to Queets coho salmon mentioned above. Meeting conservation 
objectives for these three overfished stocks (SRFC, Strait of Juan de 
Fuca, and Snohomish River natural coho salmon) will not constrain 
fisheries in 2020.
    KRFC (not ESA-listed): Abundance for this non-ESA-listed stock in 
recent years has been historically low, and the stock is currently 
overfished 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 (MSST). Forecast abundance for KRFC in 2020, 186.6 thousand, 
is the seventh lowest on record; the record low was in 2017, 54.2 
thousand. Fisheries in 2020 will be constrained in Oregon and 
California to meet the requirements of the KRFC harvest control rule in 
the FMP and the rebuilding plan, to meet a 25.0 percent de minimis 
exploitation rate, which results in a natural-area spawning escapement 
projection of 36,206, which is greater than the MSST, but below the 
maximum sustainable yield spawner escapement (SMSY). 
Fisheries south of Cape Falcon, particularly in the Klamath Management 
Zone (KMZ) from Humbug Mountain, OR, to Horse Mountain, CA, will be 
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.
    OCN coho salmon (ESA-listed threatened): OCN coho salmon is an 
aggregate coho salmon stock that largely corresponds to the Oregon 
coast coho salmon Evolutionarily Significant Unit (ESU) and is a 
component of the Oregon Production Index (OPI) area coho. Allowable 
fishery impacts on OCN coho salmon are determined annually using a 
matrix that considers parental escapement and OPI smolt-to-jack 
survival. For 2020, both of these criteria are in the ``low'' category, 
which limits the total allowable OCN coho salmon exploitation rate to 
15.0 percent. OPI area coho production is dominated by hatchery coho 
salmon. In 2020, the forecast abundance of hatchery produced OPI area 
coho is only 20 percent of the 2019 forecast. Out of concern that the 
low abundance of hatchery coho salmon would result in increased fishery 
impacts on OCN coho salmon, the Council recommended fisheries that are 
conservative in their impacts on OCN coho salmon, this will constrain 
fisheries, primarily in Oregon.
    Queets coho (not ESA-listed): The Queets coho stock is managed in 
Council-area and northern fisheries subject to the provisions of the 
PST. In 2018, NMFS determined that Queets coho was overfished, based on 
escapements in 2014, 2015, and 2016. Under the FMP and the Council's 
recommended rebuilding plan, Queets coho is managed for an escapement 
of 5.8 thousand (SMSY) natural adult spawners. The forecast 
abundance of Queets coho in 2020 is 7.8 thousand coho, compared to an 
average of 14.3 thousand coho over the past decade (2010-2019). Under 
the criteria of the PST's Southern Coho Management Plan, Queets coho 
salmon abundance is in the ``moderate'' category in 2020 and subject to 
a total exploitation rate limit of 26 percent. Meeting the escapement 
goal and exploitation rate limit for Queets coho salmon in 2020 will 
constrain fisheries north of Cape Falcon.
    Grays Harbor coho salmon (not ESA-listed): The Grays Harbor coho 
salmon stock, like Queets coho salmon, is managed in Council-area and 
northern fisheries subject to provisions of the PST. The forecast 
abundance of Grays Harbor coho salmon in 2020 is 50 thousand coho, 
compared to an average of 95.5 thousand coho over the past decade 
(2010-2019). Under the criteria of the PST's Southern Coho Management 
Plan, Grays Harbor coho salmon abundance is in the ``moderate'' 
category in 2020 and subject to a total exploitation rate limit of 29 
percent. Meeting the exploitation rate limit for Grays Harbor coho 
salmon in 2020 will constrain fisheries north of Cape Falcon.
    Puget Sound Chinook salmon (ESA-listed threatened): Impacts on the 
threatened Puget Sound Chinook salmon ESU from Council-managed 
fisheries are addressed through a 2004 biological opinion. Generally, 
these impacts are quite low and within the range contemplated in the 
2004 opinion. However, because the Puget Sound Chinook salmon ESU is 
also impacted by salmon 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 salmon 
together, and they base their analysis of the combined fishery 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, the North of Falcon forum, that runs 
concurrent with the Council's salmon season planning process. In 2020, 
fisheries north of Cape Falcon will be constrained to avoid jeopardy to 
the Puget Sound Chinook salmon ESU, when combined with inside 
fisheries.
    LCR Chinook salmon (ESA-listed threatened): The LCR Chinook salmon 
ESU comprises a spring component, a ``far-north'' migrating bright 
component, and a component of north migrating

[[Page 27320]]

tules. The bright and tule components both have fall run timing. There 
are twenty-one separate populations within the tule component of this 
ESU. Unlike the spring or bright populations of the ESU, LCR tule 
populations are caught in large numbers in Council fisheries, as well 
as fisheries to the north and in the Columbia River. Therefore, this 
component of the ESU is the one most likely to constrain Council 
fisheries in the area north of Cape Falcon. Under the provisions of 
NMFS' 2012 biological opinion on the impact of Council-area salmon 
fisheries on LCR Chinook salmon, NMFS uses an abundance-based 
management (ABM) framework to set an annual exploitation rate limit for 
LCR tule Chinook salmon in ocean salmon fisheries and in-river 
fisheries below Bonneville Dam, collectively. Applying the ABM 
framework to the 2020 preseason abundance forecast, the total LCR tule 
exploitation rate is limited to a maximum of 38 percent. Fisheries will 
be constrained north of Cape Falcon in 2020 such that, when combined 
with all other salmon fisheries in the ocean and in the Columbia River 
below Bonneville Dam, the ESA requirement is met.
    Lower Columbia River natural (LCN) coho salmon (ESA-listed 
threatened): Like OCN coho salmon, LCN coho salmon is a component of 
the OPI area coho. In 2015, NMFS conducted an ESA section 7 
consultation and issued a biological opinion regarding the effects of 
Council fisheries and fisheries in the Columbia River on LCN coho 
salmon. The opinion analyzed the use of a harvest matrix to manage 
impacts to LCN coho salmon. Under the matrix the allowable harvest in a 
given year depends on indicators of marine survival and parental 
escapement to spawning. In 2020, ocean salmon fisheries under the 
Council's jurisdiction in 2020, and commercial and recreational salmon 
fisheries in the mainstem Columbia River below Bonneville Dam, 
including select area fisheries (e.g., Youngs Bay), must be managed 
subject to a total exploitation rate limit on LCN coho not to exceed 18 
percent. In 2020, LCN coho will constrain Council-area salmon 
fisheries, particularly those north of Cape Falcon, such that, when 
combined with commercial and recreational fisheries in the mainstem 
Columbia River, the ESA requirement is met.

Other Resource Issues

    Southern Resident Killer Whale (SRKW) (ESA-listed endangered): The 
SRKW distinct population segment (DPS) was listed under the ESA as 
endangered in 2005 (70 FR 69903, November 18, 2005). NMFS issued a 
biological opinion analyzing the effects of the ocean salmon fisheries 
on SRKW in 2009 which concluded that these fisheries are not likely to 
jeopardize SRKW. NMFS reinitiated consultation on the effects of the 
ocean salmon fisheries on SRKW on April 12, 2019. To inform the new 
consultation, the Council formed an ad hoc workgroup (SRKW Workgroup), 
including salmon and SRKW experts, at its April 2019 meeting. The 
Council endorsed a schedule for the workgroup to reassess the effects 
of Council-area salmon fisheries on SRKW. The SRKW Workgroup was also 
tasked to, as needed, develop a long-term approach that may include 
proposed conservation measure(s) or management tool(s) that limits PFMC 
fishery impacts to prey availability for SRKW relative to implementing 
the FMP. The SRKW workgroup presented its risk assessment report to the 
Council at the March 2020 Council meeting.
    The SRKW Workgroup report suggests that Chinook salmon abundance 
north of Cape Falcon is consistently more important to SRKW than 
abundance in areas south of Cape Falcon. It noted that the whales are 
observed north of Cape Falcon in all seasons and likely have some 
direct overlap with the salmon fisheries every year, whereas there is 
likely limited overlap with the salmon fisheries in some years south of 
Cape Falcon. Furthermore, the contribution of Chinook salmon south of 
Cape Falcon to SRKW diet may also be largely confined to the winter/
spring season, after maturing fall-run Chinook salmon adults that 
escaped the current year's fishery leave the ocean. The report also 
provides evidence that after executing Council-area salmon fisheries, 
the percent of prey remaining and available to SRKW has increased 
coastwide over the last several decades. NMFS remains committed to this 
collaborative effort with the Council to develop a long-term approach 
that ensures the Council's harvest management is responsive to the 
status of SRKW and will support SRKW recovery to the extent necessary.
    For fisheries in 2020, NMFS explained in our guidance letter to the 
Council that ``NMFS is most concerned when Chinook salmon abundance in 
[North of Falcon] waters is critically low, and there may be 
insufficient foraging opportunities for SRKWs.'' NMFS concluded in our 
guidance letter that ``[i]f the [North of Falcon] abundance is equal to 
or less than the average of the seven lowest years of abundance . . . , 
the Council should implement precautionary conservation measures for 
Council salmon fisheries that affect the abundance in [North of Falcon] 
waters . . . to benefit the whales.'' Guidance with respect to SRKW was 
largely informed by the SRKW Workgroup's risk assessment. The Council's 
recommended management measures for 2020 are consistent with NMFS' 
guidance.
    After receiving the Council's recommended management measures for 
2020, NMFS completed the Endangered Species Act (ESA) Section 7(a)(2) 
Biological Opinion and Conference Opinion Consultation on 
Implementation of the Pacific Fishery Management Council Salmon Fishery 
Management Plan in 2020 for Southern Resident Killer Whales and their 
Current and Proposed Critical Habitat. The biological opinion concluded 
that the 2020 Council-area ocean salmon fisheries would not jeopardize 
the SRKW DPS and does not aversely modify critical habitat.

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 salmon 
complex (FNMC) includes a group of Chinook salmon stocks that are 
caught primarily in fisheries north of Cape Falcon and other fisheries 
that occur north of the U.S./Canada border. No ACL is set for FNMC 
stocks because they are managed subject to 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 2020, the overfishing limit (OFL) 
is SOFL = 473,183 (potential spawner abundance forecast) 
multiplied by 1-FMSY (1-0.78) or 104,100 returning spawners 
(FMSY is the fishing mortality rate that

[[Page 27321]]

would result in maximum sustainable yield--MSY). SABC is 
473,183 multiplied by 1-FABC (1-0.70) (FMSY 
reduced for scientific uncertainty = 0.70) or 141,955. The 
SACL is set equal to SABC, i.e., 141,955 
spawners. The adopted management measures provide for a projected SRFC 
spawning escapement of 233,174. For KRFC in 2020, SOFL is 
48,274 (potential spawner abundance forecast) multiplied by 1-
FMSY (1-0.71), or 13,999 returning spawners. SABC 
is 48,274 multiplied by 1-FABC (1-0.68) (FMSY 
reduced for scientific uncertainty = 0.68) or 15,448 returning 
spawners. SACL is set equal to SABC, i.e., 15,448 
spawners. When KRFC potential spawner abundance is projected to be less 
than 54,267 natural-area adults, fisheries are managed under the de 
minimis portion of the control rule, which allows for some fishing 
opportunity but results in the expected escapement falling below 40,700 
natural-area adult spawners (SMSY). The adopted management 
measures provide for a projected KRFC spawning escapement of 36,206. 
For Willapa Bay natural coho in 2020, SOFL = 32,868 
(potential spawner abundance forecast) multiplied by 1-FMSY 
(1-0.74) or 8,546 returning spawners. SABC is 32,868 
multiplied by 1-FABC (1-0.70) (FMSY reduced for 
scientific uncertainty = 0.70) or 9,860. SACL is set equal 
to SABC, i.e., 9,860 spawners. The adopted management 
measures provide for a projected Willapa Bay natural coho ocean 
escapement of 27,700. In summary, for 2020, 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.
    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 OCN and 
LCN coho and LCR and Puget Sound Chinook salmon, and to meet 
conservation objectives for non-ESA listed Queets and Grays Harbor coho 
and KRFC. For KRFC, SRFC, and Willapa Bay natural coho, FMP 
conservation objectives provide for higher escapement than 2020 ACLs.

Public Comments

    The Council invited written comments on developing 2020 salmon 
management measures in their notice announcing public meetings and 
hearings (84 FR 70954, December 26, 2019). At its March meeting, the 
Council adopted three alternatives for 2020 commercial and recreational 
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, as well as six alternatives for 2020 
North of Cape Falcon treaty Indian troll salmon management measures. 
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 229 
written comments on 2020 ocean salmon fisheries via their electronic 
portal. The three public hearings were attended by a total of 130 
people; 20 people provided oral comments. Comments came from individual 
fishers, fishing associations, fish buyers, processors, and 
conservation organizations. Written and oral comments addressed the 
2020 management alternatives described in PRE II, and generally 
expressed preferences for a specific alternative or for particular 
season structures. One comment submitted for the April meeting was 
focused on fishery effects on ESA-listed SRKW. All comments were made 
available via the Council's online briefing book for the April 2020 
Council meeting and were considered by the Council, which includes a 
representative from NMFS, in developing the recommended management 
measures transmitted to NMFS on April 15, 2020. In addition to comments 
collected at the public hearings and those submitted directly to the 
Council, several people provided oral comments at the April 2020 
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 (85 FR 7977, February 12, 2020); NMFS 
received one comment, which was a duplicate of a comment submitted to 
the Council.
    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, 
some supported a combination of Alternative I and II for the commercial 
fishery. Concern was expressed about the lack of market for seafood 
products at the present time. The Council adopted an alternative that 
is within the range of the alternatives considered.
    Comments on alternatives for fisheries south of Cape Falcon. 
Comments on the alternatives for fisheries south of Cape Falcon tended 
to favor Alternative I, with some support for Alternative II, and a few 
supporting Alternative III. There were many objections to a ``fourth'' 
alternative that was submitted by a commercial fisherman. Several 
favored a later season, citing concerns over the current lack of market 
for seafood products. The Council adopted an alternative within the 
range of alternatives considered.
    Comments from federally recognized tribes, including treaty tribe 
representatives. At its March and April meetings, the Council heard 
testimony from members of several federally recognized tribes including 
tribes with treaty rights for salmon harvest; additional comments were 
submitted in writing. Tribes expressed concern over the low forecasts 
for many stocks in 2020 and the ramifications for tribal fisheries.
    Comments on SRKW. One comment was received for the April Council 
meeting, in addition to three comments for the March Council meeting, 
on potential fishery effects on SRKW. Specific comments were made 
regarding prey availability, suggesting additional analyses and fishery 
action, and the draft NEPA document. After considering information 
provided by NMFS on the potential effects of the 2020 fishery 
alternatives to SRKW, the Council recommended management measures that 
were responsive to NMFS' guidance and provide fishery escapement of 
several Chinook salmon stocks in excess of what is required for 
spawning.
    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, other ESA requirements, and tribal fishing 
rights. The Council and NMFS also considered comments on the NEPA 
analysis in preparing the final EA.

Management Measures

    The Council's recommended ocean harvest levels and management 
measures for the 2020 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

[[Page 27322]]

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 species that may be affected by Council fisheries, and are 
otherwise consistent with ESA obligations. Accordingly, NMFS, through 
this final rule, approves and implements the Council's recommendations.
    North of Cape Falcon, 2020 management measures for non-Indian 
commercial troll and recreational fisheries have somewhat increased 
quotas for Chinook salmon compared to 2019; coho quotas are 
substantially lower than in 2019.
    Quotas for the 2020 treaty-Indian commercial troll fishery North of 
Cape Falcon are 35,000 Chinook salmon and 16,500 coho in ocean 
management areas and Washington State Statistical Area 4B combined. 
These quotas provide the same amount of Chinook salmon and 
substantially fewer coho than in 2019. The treaty-Indian commercial 
fisheries include a May and June fishery with a quota of 17,500 
Chinook, and a July and August fishery, with quotas of 17,500 Chinook 
and 16,500 coho.
    South of Cape Falcon, commercial troll and recreational fishery 
management measures are are shaped to meet conservation and management 
goals for KRFC spawning escapement and fishery impact limitations for 
OCN coho. Commercial and recreational fisheries south of Cape Falcon 
will be directed primarily at Chinook salmon; commercial fisheries 
south of Cape Falcon will have no coho retention.
    The timing of the March and April Council meetings makes it 
impracticable for the Council to recommend fishing seasons that begin 
before May of the same year. Therefore, this action also establishes 
the 2021 fishing seasons that open earlier than May 6. The Council 
recommended, and NMFS concurs, that the commercial and recreational 
seasons will open in 2021 as indicated in the ``Season Description'' 
section of this document. At the March and/or April 2021 meeting, NMFS 
may take inseason action, if recommended by the Council, to adjust the 
commercial and recreational seasons prior to the effective date of the 
2021 management measures which are expected to be effective in mid-May 
2021.
    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 2020 management measures. Inseason closures in the 
commercial and recreational fisheries are announced on the NMFS hotline 
and through the U.S. Coast Guard (USCG) Notice to Mariners as described 
in Section 6. Other inseason adjustments to management measures are 
also announced on the hotline and through the Notice to Mariners. 
Inseason actions will also be published in the Federal Register as soon 
as practicable.
    The following are the management measures recommended by the 
Council, approved, and implemented here for 2020 and, as specified, for 
2021.

Section 1. Commercial Management Measures for 2020 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 6 through the earlier of June 28, or 13,820 Chinook. No more 
than 5,100 of which may be caught in the area between the U.S./Canada 
border and the Queets River, and no more than 3,770 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 (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). In 
the area between the U.S./Canada border and the Queets River, the 
landing and possession limit is 75 Chinook per vessel per landing week 
(Thursday-Wednesday) (C.1, C.6). In the area between Leadbetter Point 
and Cape Falcon, the landing and possession limit is 75 Chinook per 
vessel per landing week (Thursday-Wednesday) (C.1, C.6). When it is 
projected that approximately 75 percent of the overall Chinook 
guideline has been landed, or approximately 75 percent of any of the 
individual Chinook subarea guidelines have been landed, inseason action 
will be considered to ensure the guideline is not exceeded.
    In 2021, the season will open May 1 for all salmon except coho 
consistent with preseason regulations as described for this area and 
subareas for May 6-June 28, 2020, including subarea salmon guidelines 
and weekly vessel limits. These regulations would apply from the 
opening of the fishery on May 1, 2021, until modified inseason 
following Council review at its March and/or April 2021 meetings. Catch 
during this opening will be counted towards quotas set for this area 
and subareas at the April 2021 meeting.
    July 1 through the earlier of September 30, or 13,820 Chinook or 
2,000 coho (C.8). Open seven days per week. All salmon. 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). No chum retention north of Cape Alava, WA, in 
August and September (C.4, C.7). See compliance requirements (C.1) and 
gear restrictions and definitions (C.2, C.3). Landing and possession 
limit of 10 marked coho per vessel per landing week (Thursday-
Wednesday) (C.1).
    For all commercial troll fisheries north of Cape Falcon: Mandatory 
closed areas include: Salmon troll Yelloweye Rockfish Conservation 
(YRCA) Area, Cape Flattery, and Columbia Control Zones, and beginning 
August 10, the 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 north of Leadbetter Point 
must land and deliver all species of fish in a Washington port and must 
possess a Washington troll and/or salmon delivery license. Vessels may 
not land fish east of the Sekiu River or east of the Megler-Astoria 
bridge. For delivery to Washington ports south of Leadbetter Point, 
vessels must notify the WDFW at 360-249-1215 prior to crossing the 
Leadbetter Point line with area fished, total Chinook, coho, and 
halibut catch aboard, and destination with approximate time of 
delivery. During any single trip, only one side of the Leadbetter Point 
line may be fished (C.11). 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, Oregon. Under state law, vessels must report their catch on 
a state fish receiving ticket. Oregon State regulations require all 
fishers landing salmon into Oregon from any fishery between Leadbetter 
Point, Washington and Cape Falcon,

[[Page 27323]]

Oregon to notify ODFW within one hour of delivery or prior to transport 
away from the port of landing by either calling 541-867-0300 ext. 271 
or sending notification via email to [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 (C.11).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain

    April 20-30;
    May 1-5, 26-31;
    June 4-30;
    July 1-31;
    August 1-25;
    September 1-October 31 (C.8.g, C.9).
    Open seven days per week. All salmon except coho (C.4, C.7). 
Chinook minimum size limit of 28 inches total length (B, C.1). All 
vessels fishing in the area must land their salmon in the State of 
Oregon. See gear restrictions and definitions (C.2, C.3). Beginning 
September 1, no more than 75 Chinook allowed per vessel per landing 
week (Thursday-Wednesday).
    In 2021, the season will open March 15 for all salmon except coho. 
Chinook minimum size limit of 28 inches total length (B, C.1). Gear and 
other restrictions same as in 2020 (C.2, C.3, C.4). This opening could 
be modified following Council review at its March 2021 meetings (C.8).

--Humbug Mt. to OR/CA Border (Oregon KMZ)

    April 20-30;
    May 1-5, 26-31;
    June 4 through the earlier of June 30, or a 700 Chinook quota;
    July 1 through the earlier of July 31, or a 300 Chinook quota 
(C.8.g, C.9).
    Open seven days per week. All salmon except coho (C.4, C.7). 
Chinook minimum size limit of 28 inches total length (B, C.1). See 
compliance requirements (C.1) and gear restrictions and definitions 
(C.2, C.3). Prior to June 4, all salmon caught in this area must be 
landed and delivered in the State of Oregon.
    June 4-July 31 weekly landing and possession limit of 40 Chinook 
per vessel per landing week (Thursday-Wednesday) (C.8.f). Any remaining 
portion of Chinook quotas may be transferred inseason on an impact 
neutral basis to the next open quota period (C.8.b).
    All vessels fishing in this area during June and July, 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 (C.6).
    For all quota managed seasons (June and July), 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 Ext. 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 2021, the season will open March 15 for all salmon except coho. 
Chinook minimum size limit of 28 inches total length (B; C.1). Gear 
restrictions same as in 2020 (C.2, C.3, C.4). This season would open 
without quota or weekly landing limits unless modified following 
Council review at its March 2021 meeting (C.8).

--Oregon/California Border to Humboldt South Jetty (California KMZ)

    Closed (C.9).
    In 2021, the season will open May 1 through the earlier of May 31, 
or a 3,000 Chinook quota. Chinook minimum size limit of 27 inches total 
length. Landing and possession limit of 20 Chinook per vessel per day 
(C.8.f). Open five days per week (Friday-Tuesday). All salmon except 
coho (C.4, C.7). Any remaining portion of Chinook quotas may be 
transferred inseason on an impact neutral basis to the next open quota 
period (C.8.b). All fish caught in this area must be landed within the 
area, within 24 hours of any closure of the fishery (C.6), and prior to 
fishing outside the area (C.10). See compliance requirements (C.1) and 
gear restrictions and definitions (C.2, C.3). Klamath Control Zone 
closed (C.5.e). See California State regulations for an additional 
closures adjacent to the Smith River. This opening could be modified 
following Council review at its March or April 2021 meetings.

--Humboldt South Jetty to Horse Mountain

    Closed.
    For all commercial fisheries south of Cape Falcon: When the fishery 
is closed between the OR/CA border and Humbug Mountain (C.11) and open 
to the south, vessels with fish on board caught in the open area off 
California may seek temporary mooring in Brookings, Oregon prior to 
landing in California only if such vessels first notify the Chetco 
River Coast Guard Station via VHF channel 22A between the hours of 0500 
and 2200 and provide the vessel name, number of fish on board, and 
estimated time of arrival (C.6).

--Horse Mountain to Point Arena (Fort Bragg)

    August 1-10;
    September 1-30 (C.8.g, C.9).
    Open seven days per week. All salmon except coho (C.4, C.7). 
Chinook minimum size limit of 27 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 and north of Point 
Arena (C.6).
    In 2021, the season will open April 15 for all salmon except coho. 
Chinook minimum size limit of 27 inches total length. Gear restrictions 
same as in 2020. This opening could be modified following Council 
review at its March or April 2021 meetings.

--Point Arena to Pigeon Point (San Francisco)

    May 6-12, 18-31;
    June 1-6, 14-30;
    July 13-31;
    August 1-28;
    September 1-30 (C.8.g, C.9).
    Open seven days per week. All salmon except coho (C.4, C.7). 
Chinook minimum size limit of 27 inches total length through August, 
then 26 inches thereafter (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). During September, all salmon must be landed south of Point Arena 
(C.6, C.11).
    In 2021, the season will open May 1 for all salmon except coho. 
Chinook minimum size limit of 27 inches total length. Gear restrictions 
same as in 2020. This opening could be modified following Council 
review at its March or April 2021 meetings.
     Point Reyes to Point San Pedro (Fall Area Target Zone)
    October 1-2, 5-9, 12-15.
    Open five days per week (Monday-Friday). All salmon except coho 
(C.4, C.7). Chinook minimum size limit of 26 inches total length (B, 
C.1). All salmon

[[Page 27324]]

caught in this area must be landed between Point Arena and Pigeon Point 
(C.6, C.11). See compliance requirements (C.1) and gear restrictions 
and definitions (C.2, C.3).

--Pigeon Point to U.S./Mexico border (Monterey)

    May 1-12, 18-31;
    June 1-6, 14-30;
    July 13-31;
    August 1-28 (C.8.g, C.9).
    Open seven days per week. All salmon except coho (C.4, C.7). 
Chinook minimum size limit of 27 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 must be landed and offloaded no later than 11:59 p.m., 
August 30 (C.6).
    In 2021, the season will open May 1 for all salmon except coho. 
Chinook minimum size limit of 27 inches total length. Gear restrictions 
same as in 2020. This opening could be modified following Council 
review at its March or April 2021 meeting.
    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 Mountain...........  28.0........................            21.5  ..............  ..............  None.
Humbug Mountain to OR/CA border..........  28.0........................            21.5  ..............  ..............  None.
OR/CA border to Humboldt South Jetty.....  Closed......................  ..............  ..............  ..............  ...............................
Horse Mountain to Point Arena............  27.0........................            20.5  ..............  ..............  27.
Point Arena to Pigeon Point (through       27.0........................            20.5  ..............  ..............  27.
 August).
Point Arena to Pigeon Point (September-    26.0........................            19.5  ..............  ..............  26.
 October).
Pigeon Point to U.S./Mexico border.......  27.0........................            20.5  ..............  ..............  27.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.5 cm, 26 in = 66 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and
  12.0 in = 30.5 cm.

C. Requirements, Definitions, Restrictions, or Exceptions

C.1. Compliance With Minimum Size or Other Special Restrictions
    All salmon on board a vessel must meet the minimum size, landing/
possession limit, or other special requirements for the area being 
fished and the area in which they are landed if the area is open or has 
been closed less than 48 hours for that species of salmon. Salmon may 
be landed in an area that has been closed for a species of salmon more 
than 48 hours only if they meet the minimum size, landing/possession 
limit, or other special requirements for the area in which they were 
caught. Salmon may not be filleted prior to landing.
    Any person who is required to report a salmon landing by applicable 
state law must include on the state landing receipt for that landing 
both the number and weight of salmon landed by species. States may 
require fish landing/receiving tickets be kept on board the vessel for 
90 days or more after landing to account for all previous salmon 
landings.
C.2. Gear Restrictions
    a. Salmon may be taken only by hook and line using single point, 
single shank, barbless hooks.
    b. Cape Falcon, OR, 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[deg] 
angle.
C.4. Vessel Operation in Closed Areas With Salmon on Board
    a. Except as provided under C.4.b below, it is unlawful for a 
vessel to have troll or recreational gear in the water while in any 
area closed to fishing for a certain species of salmon, while 
possessing that species of salmon; however, fishing for species other 
than salmon is not prohibited if the area is open for such species, and 
no salmon are in possession.
    b. When Genetic Stock Identification (GSI) samples will be 
collected in an area closed to commercial salmon fishing, the 
scientific research permit holder shall notify NOAA Office of Law 
Enforcement, USCG, CDFW, 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.

[[Page 27325]]

    c. Grays Harbor Control Zone--The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53'18'' N lat., 124[deg] 07'01'' W 
long.) to Buoy #2 (46[deg]52'42'' N lat., 124[deg]12'42'' W long.) to 
Buoy #3 (46[deg]55'00'' N lat., 124[deg]14'48'' W long.) to the Grays 
Harbor north jetty (46[deg]55'36'' N lat., 124[deg]10'51'' W long.).
    d. Columbia Control Zone--An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy #4 (46[deg]13'35'' N lat., 124[deg]06'50'' W long.) 
and the green lighted Buoy #7 (46[deg]15'09' N lat., 124[deg]06'16'' W 
long.); on the east, by the Buoy #10 line which bears north/south at 
357[deg] true from the south jetty at 46[deg]14'00'' N lat., 
124[deg]03'07'' W long. to its intersection with the north jetty; on 
the north, by a line running northeast/southwest between the green 
lighted Buoy #7 to the tip of the north jetty (46[deg]15'48'' N lat., 
124[deg]05'20'' W long.) and then along the north jetty to the point of 
intersection with the Buoy #10 line; and, on the south, by a line 
running northeast/southwest between the red lighted Buoy #4 and tip of 
the south jetty (46[deg]14'03'' N lat., 124[deg]04'05'' W long.), and 
then along the south jetty to the point of intersection with the Buoy 
#10 line.
    e. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N lat. (approximately 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).
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
    License applications for incidental harvest for halibut during 
commercial salmon fishing must be obtained from IPHC. The application 
deadline was March 15, 2020 to obtain a 2020 license from IPHC.
    During the 2020 salmon troll season, incidental harvest is 
authorized only during April, May, and June, and after June 30 if quota 
remains and if announced on the NMFS hotline (phone: 800-662-9825 or 
206-526-6667). WDFW, Oregon Department of Fish and Wildlife (ODFW), and 
CDFW will monitor landings. If the landings are projected to exceed the 
IPHC's 44,899 pound preseason allocation or the total Area 2A non-
Indian commercial halibut allocation, NMFS will take inseason action to 
prohibit retention of halibut in the non-Indian salmon troll fishery.
    Beginning May 1, 2020 through the end of the 2020 salmon troll 
fishery, and beginning April 1, 2021, until modified through inseason 
action or superseded by the 2021 management measures the following 
applies: License holders may land no more than one Pacific halibut per 
each two Chinook, except one Pacific halibut may be landed without 
meeting the ratio requirement, and no more than 35 halibut may be 
landed per trip.
    Incidental Pacific halibut catch regulations in the commercial 
salmon troll fishery adopted for 2020, prior to any 2020 inseason 
action, will be in effect when incidental Pacific halibut retention 
opens on April 1, 2021 unless otherwise modified by inseason action at 
the March 2021 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 May, June, and/or July non-Indian 
commercial troll quotas in the Oregon or 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. 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 2021 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2020).
    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. NMFS may close fisheries through inseason action on the 
recommendation of the affected state(s) of Washington, Oregon or 
California where the recommendation to close is informed by an 
evaluation of actions or orders promulgated or issued by jurisdictions 
in these areas to address public health concerns concluding that these 
actions would likely make access to the fishery impracticable (e.g., 
restrictions on activities or closure of harbors, launch ramps and 
other forms of access) or would make information essential to manage 
and implement the fishery unavailable. NMFS should open fisheries 
closed on this basis through inseason action upon notice from the 
affected State(s) that said actions or orders making access to the 
fishery impracticable have been lifted and information essential to 
manage and implement the fishery would be available.
C.9. State Waters Fisheries
    Consistent with Council management objectives:

[[Page 27326]]

    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
C.11. Latitudes for Geographical Reference of Major Landmarks Along the 
West Coast Are Listed in Section 5 of This Rule

Section 2. Recreational Management Measures for 2020 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 20 through the earlier of September 30, or 2,760 marked coho 
subarea quota, with a subarea guideline of 5,600 Chinook (C.5). Open 
seven days a week. See minimum size limits (B). See gear restrictions 
and definitions (C.2, C.3).
    During June 20-28: All salmon except coho; one salmon per day 
(C.1).
    Beginning June 29: All salmon, except no chum beginning August 1; 
two salmon per day. 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.

--Cape Alava to Queets River (La Push Subarea)

    June 20 through the earlier of September 30, or 690 marked coho 
subarea quota, with a subarea guideline of 1,300 Chinook (C.5). Open 
seven days a week. See salmon minimum size limits (B). See gear 
restrictions and definitions (C.2, C.3).
    During June 20-28: All salmon except coho; one salmon per day 
(C.1).
    Beginning June 29: All salmon, except no chum beginning August 1; 
two salmon per day. All coho must be marked with a healed adipose fin 
clip (C.1).

--Queets River to Leadbetter Point (Westport Subarea)

    June 20 through the earlier of September 30, or 9,800 marked coho 
subarea quota, with a subarea guideline of 12,460 Chinook (C.5). 
Chinook minimum size limit of 22 inches total length (B). Coho minimum 
size limit of 16 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    During June 20-28: Open seven days per week. All salmon except 
coho; one salmon per day (C.1).
    Beginning June 29: Open five days per week (Sunday-Thursday). All 
salmon; 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).
    Grays Harbor Control Zone closed beginning August 10 (C.4.b).

--Leadbetter Point to Cape Falcon (Columbia River Subarea)

    June 20 through the earlier of September 30, or 13,250 marked coho 
subarea quota, with a subarea guideline of 7,000 Chinook (C.5). Chinook 
minimum size limit of 22 inches total length (B). Coho minimum size 
limit of 16 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    During June 20-28: Open seven days per week. All salmon except 
coho; one salmon per day (C.1).
    Beginning June 29, open seven days per week. All salmon; 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).
    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-October 31 (C.6), except as provided below during the all-
salmon mark-selective fishery and the non-mark-selective coho fishery 
(C.5). Open seven days per week. All salmon except coho, two fish per 
day (C.1). See minimum size limits (B). See gear restrictions and 
definitions (C.2, C.3).
    In 2021, the season will open March 15 for all salmon except coho, 
two salmon per day (C.1). Same minimum size limits (B), and the same 
gear restrictions as in 2020 (C.2, C.3). This opening could be modified 
following Council review at its March 2021 meeting (C.5).

--Cape Falcon to Humbug Mountain

    Mark-selective coho fishery: June 27 through the earlier of August 
16, or 22,000 marked coho quota (C.5.g, C.6). Open seven days per week. 
All salmon, two salmon per day. All retained coho must be marked with a 
healed adipose fin clip (C.1). See minimum size limits (B). See gear 
restrictions and definitions (C.2, C.3). Any remainder of the mark-
selective coho quota may be transferred inseason on an impact neutral 
basis to the non-selective coho quota from Cape Falcon to Humbug 
Mountain (C.5).
    Non-mark-selective coho fishery: September 4-5, and open each 
Friday and Saturday through the earlier of September 30, or 3,000 non-
mark-selective coho quota (C.5.g, C.6). Open days may be modified 
inseason. All salmon, 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)

    June 20-August 7 (C.5.g, C.6). Open seven days per week. All salmon 
except coho, two salmon per day (C.1). See minimum size limits (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 1-800-662-9825 for specific dates) (C.3.b, C.4.d).

--Oregon/California border to Horse Mountain (California KMZ)

     June 6-August 9 (C.5.f, C.5.g, C.6). Open seven days per 
week. All salmon except coho, 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.
    In 2021, season opens May 1 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 2020 (C.2, C.3). This opening 
could be modified following Council review at its March 2021 meeting.

--Horse Mountain to Point Arena (Fort Bragg)

    May 1-November 8 (C.5.f, C.5.g, C.6). Open seven days per week. All 
salmon except coho, two salmon per day (C.1).

[[Page 27327]]

Chinook minimum size limit of 20 inches total length (B). See gear 
restrictions and definitions (C.2, C.3).
    In 2021, season opens April 3 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 2020 (C.2, C.3). This 
opening could be modified following Council review at its March 2021 
meeting.

--Point Arena to Pigeon Point (San Francisco)

    May 1-November 8 (C.5.f, C.5.g, C.6). Open seven days per week. All 
salmon except coho, two salmon per day (C.1). Chinook minimum size 
limit of 20 inches total length. See gear restrictions and definitions 
(C.2, C.3).
    In 2021, season opens April 3 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 2020 (C.2, C.3). This 
opening could be modified following Council review at its March 2021 
meeting.

    --Pigeon Point to U.S./Mexico border (Monterey)

    May 1-October 4 (C.5.f, C.5.g, C.6). Open seven days per week. All 
salmon except coho, 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 2021, season opens April 3 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 2020 (C.2, C.3). This 
opening could be modified following Council review at its March 2021 
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 (Westport and Columbia              22.0            16.0  None.
 River).
North of Cape Falcon (Neah Bay and La Push)..            24.0            16.0  None.
Cape Falcon to Humbug Mt.....................            24.0            16.0  None.
Humbug Mt. to OR/CA border...................            24.0  ..............  None.
OR/CA border to Horse Mt.....................            20.0  ..............  20.0.
Horse Mt. to Pt. Arena.......................            20.0  ..............  20.0.
Pt. Arena to Pigeon Pt. (in 2020)............            20.0  ..............  20.0.
Pt. Arena to Pigeon Pt. (in 2021)............            24.0  ..............  24.0.
Pigeon Pt. to U.S./Mexico border.............            24.0  ..............  24.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 22.0 in = 55.9 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, CA: 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, CA, to Point Conception, CA: 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

[[Page 27328]]

Westport Lighthouse (46[deg]53'18'' N lat., 124[deg]07'01'' W long.) to 
Buoy #2 (46[deg]52'42'' N lat., 124[deg]12'42'' W long.) to Buoy #3 
(46[deg]55'00'' N lat., 124[deg]14'48'' W long.) to the Grays Harbor 
north jetty (46[deg]55'36'' N lat., 124[deg]10'51'' W long.).
    c. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy #4 (46[deg]13'35'' N lat., 124[deg]06'50'' W long.) 
and the green lighted Buoy #7 (46[deg]15'09'' N lat., 124[deg]06'16'' W 
long.); on the east, by the Buoy #10 line which bears north/south at 
357[deg] true from the south jetty at 46[deg]14'00'' N lat., 
124[deg]03'07'' W long. to its intersection with the north jetty; on 
the north, by a line running northeast/southwest between the green 
lighted Buoy #7 to the tip of the north jetty (46[deg]15'48'' N lat., 
124[deg]05'20'' W long.) and then along the north jetty to the point of 
intersection with the Buoy #10 line; and on the south, by a line 
running northeast/southwest between the red lighted Buoy #4 and tip of 
the south jetty (46[deg]14'03'' N lat., 124[deg]04'05'' W long.), and 
then along the south jetty to the point of intersection with the Buoy 
#10 line.
    d. Stonewall Bank 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).
C.5. Inseason Management
    Regulatory modifications may become necessary inseason to meet 
preseason management objectives such as quotas, harvest guidelines, and 
season duration. In addition to standard inseason actions or 
modifications already noted under the season description, the following 
inseason guidance applies:
    a. Actions could include modifications to bag limits, or days open 
to fishing, and extensions or reductions in areas open to fishing.
    b. Coho may be transferred inseason among recreational subareas 
north of Cape Falcon to help meet the recreational season duration 
objectives (for each subarea) after conferring with representatives of 
the affected ports and the Council's SAS recreational representatives 
north of Cape Falcon, and if the transfer would not result in exceeding 
preseason impact expectations on any stocks.
    c. Chinook and coho may be transferred between the recreational and 
commercial fisheries north of Cape Falcon if there is agreement among 
the representatives of the SAS, and if the transfer would not result in 
exceeding preseason impact expectations on any stocks.
    d. Fishery managers may consider inseason action modifying 
regulations restricting retention of unmarked (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 Mt. 
recreational mark-selective coho quota may be transferred inseason to 
the Cape Falcon to Humbug Mt. non-mark-selective recreational fishery 
if the transfer would not result in exceeding preseason impact 
expectations on any stocks.
    f. NMFS may by inseason action close recreational fisheries between 
May 1 and June 15, 2020 in the Fort Bragg, San Francisco, and Monterey 
subareas on the recommendation of the CDFW. The recommendation to close 
would be informed by an evaluation of actions or orders enacted by 
jurisdictions in these subareas to address public health concerns that 
would make access to the ocean salmon recreational fishery 
impracticable (e.g., restrictions on activities or closure of harbors, 
launch ramps and other forms of access). If NMFS closes these subareas 
May 1-15, May 16-31, June 1-15, or an additive combination of these 
specific date ranges in succession; NMFS may by inseason action extend 
the season in the California KMZ beyond August 9 not to exceed August 
31 if the STT determines that such opening would not increase impacts 
to stocks in the FMP beyond those described in Table 5 of Pre-III for 
2020, and would otherwise meet the objectives described in that table, 
including but not limited to 50/50 harvest sharing with the Klamath 
River Tribes (Yurok and Hoopa Valley Tribe).
    g. NMFS may close fisheries through inseason action on the 
recommendation of the affected state(s) of Washington, Oregon or 
California where the recommendation to close is informed by an 
evaluation of actions or orders promulgated or issued by jurisdictions 
in these areas to address public health concerns concluding that these 
actions would likely make access to the fishery impracticable (e.g., 
restrictions on activities or closure of harbors, launch ramps and 
other forms of access) or would make information essential to manage 
and implement the fishery unavailable. NMFS should open fisheries 
closed on this basis through inseason action upon notice from the 
affected State(s) that said actions or orders making access to the 
fishery impracticable have been lifted and information essential to 
manage and implement the fishery would be available.
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 2020 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 17,500 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 17,500 Chinook 
quota, or 16,500 coho quota.
    All Salmon. See size limit (B) and other restrictions (C).

B. Minimum Size (Inches)

[[Page 27329]]



----------------------------------------------------------------------------------------------------------------
                                          Chinook                                    Coho
      Area (when open)       -----------------------------------------------------------------------------------
                               Total length      Head-off      Total length      Head-off            Pink
----------------------------------------------------------------------------------------------------------------
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.

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, 
to a 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 2020 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 13, 2020, NMFS published 
a final rule announcing the IPHC's regulations, including season dates, 
management measures, total allowable catch (TACs) for each IPHC 
management area including the U.S. West Coast (Area 2A) and Catch 
Sharing Plans for the U.S. waters off of Alaska (85 FR 14586). 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 2021 for 2021 permits (exact date to be set by the IPHC in early 
2021). Incidental harvest is authorized only during April, May, and 
June of the 2020 troll seasons and after June 30 in 2020 if quota 
remains and if announced on the NMFS hotline (phone: 800-662-9825 or 
800-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the 
landings are projected to exceed the 44,899 pound preseason allocation 
or the total Area

[[Page 27330]]

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, 2020, until the end of the 2020 salmon troll season, and 
beginning April 1, 2021, until modified through insesason action or 
superseded by the 2021 management measures, 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.
    Incidental Pacific halibut catch regulations in the commercial 
salmon troll fishery adopted for 2020, prior to any 2020 inseason 
action, will be in effect when incidental Pacific halibut retention 
opens on April 1, 2021, unless otherwise modified by inseason action at 
the March 2021 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 traditionally 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 typically 
effective on May 1. For 2020, even with the waiver of notice and 
comment, NMFS does not expect the rule to be effective until May 6 to 
accommodate the completion of the necessary regulatory process to 
review, approve, and implement these fishing regulations. 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 2020 fishing regulations, the current stock abundance was not 
available to the Council until February. In addition, information 
related to northern fisheries and stock status in Alaska and Canada 
which is important to assessing the amount of available salmon in 
southern U.S. ocean fisheries is not available until mid- to late-
March. Because a substantial amount of fishing normally 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 measures developed the previous 
year, as modified by the Council at its March and April meetings, 
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

[[Page 27331]]

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 the 2020 measures are not in place on May 6, salmon fisheries 
will not open as scheduled. This would result in lost fishing 
opportunity, negative economic impacts, 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 provide access 
to stronger salmon stocks, particularly hatchery produced fish. Failure 
to implement these measures immediately could compromise the status of 
certain stocks, or result in foregone opportunity to harvest stocks 
whose abundance has increased relative to the previous year thereby 
undermining the purpose of this agency action.
    In addition, 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 for 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 6 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 2020 ocean salmon fishing year on 
May 6, NMFS has concluded it would be 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 
(www.fisheries.noaa.gov/region/west-coast). 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, and is in the process of being renewed (85 FR 17314, March 27, 
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 February 27, 2020. The management measures for 2020 
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 or adversely modify critical 
habitat. 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 SRKW DPS in 2009. As discussed above, NMFS reinitiated 
consultation on the effects of the ocean salmon fisheries on SRKW on 
April 12, 2019. NMFS has assessed the potential impacts of the 2020 
management measures to SRKW in a biological opinion, and has made a 
determination under ESA section 7(a)(2) that the 2020 fisheries are not 
likely to jeopardize the continued existence of the SRKW DPS or destroy 
or adversely modify its designated critical or proposed habitat.
    This final rule was developed after meaningful 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: May 5, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-09903 Filed 5-6-20; 8:45 am]
 BILLING CODE 3510-22-P