26138 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 000501119–0119–01; I.D.

042400J]

RIN 0648–AN81

Fisheries Off West Coast States and in

the Western Pacific; West Coast

Salmon Fisheries; 2000 Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Annual management measures

for the ocean salmon fishery; request for

comments.

SUMMARY: NMFS establishes fishery

management measures for the ocean

salmon fisheries off Washington,

Oregon, and California for the 2000 and

2001 salmon seasons opening earlier

than May 1, 2001. Specific fishery

management measures vary by fishery

and by area. The measures establish

fishing areas, seasons, quotas, legal gear,

recreational fishing days and catch

limits, possession and landing

restrictions, and minimum lengths for

salmon taken in the exclusive economic

zone (EEZ) (3–200 nm) off Washington,

Oregon, and California. The

management measures are intended to

prevent overfishing and to apportion the

ocean harvest equitably among treaty

Indian and 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 for inside

fisheries.

DATES: Effective from 0001 hours Pacific

Daylight Time, May 2, 2000, until the

effective date of the 2001 management

measures, as published in the Federal

Register. Comments must be received by

May 22, 2000.

ADDRESSES: Comments on the

management measures and the related

environmental assessment (EA) may be

sent to William Stelle, Jr., Regional

Administrator, Northwest Region,

NMFS, 7600 Sand Point Way NE.,

Seattle, WA 98115–0070, fax: 206–526–

6376; or to Rodney R. McInnis, Acting

Regional Administrator, Southwest

Region, NMFS, 501 West Ocean

Boulevard, Suite 4200, Long Beach, CA

90802–4213, fax: 562–980–4018.

Copies of the EA and other documents

cited in this document are available

from Dr. Donald O. McIsaac, Executive

Director, Pacific Fishery Management

Council, 2130 S.W. Fifth Ave., Suite

224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140,

or Svein Fougner at 562–980–4040.

SUPPLEMENTARY INFORMATION:

Background

The ocean salmon fisheries in the EEZ

off Washington, Oregon, and California

are managed under a ‘‘framework’’

fishery management plan entitled the

Pacific Coast Salmon 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.

These management measures for the

2000 and pre-May 2001 ocean salmon

fisheries were recommended by the

Pacific Fishery Management Council

(Council) at its April 3 to 7, 2000,

meeting. Schedule Used to Establish

2000 Management Measures

In accordance with the FMP, the

Council’s Salmon Technical Team (STT)

and staff economist prepared several

reports for the Council, its advisors, and

the public. The first report, ‘‘Review of

1999 Ocean Salmon Fisheries,’’

(REVIEW) summarizes biological and

socio-economic data for the 1999 ocean

salmon fisheries and assesses how well

the Council’s 1999 management

objectives were met. The second report,

‘‘Preseason Report I Stock Abundance

Analysis for 2000 Ocean Salmon

Fisheries’’ (PRE I), provides the 2000

salmon stock abundance projections and

analyzes the impacts on the stocks and

Council management goals if the 1999

regulations and regulatory procedures

were applied to the 2000 stock

abundances.

The Council met from March 6 to 10,

2000, in Sacramento, CA, to develop

proposed management options for 2000.

Three commercial and three recreational

fishery management options were

proposed for analysis and public

comment. These options consisted of

various combinations of management

measures designed to protect numerous

weak stocks of coho and chinook

salmon and to provide for ocean

harvests of more abundant stocks. After

the March Council meeting, the

Council’s STT and staff economist

prepared a third report, ‘‘Preseason

Report II Analysis of Proposed

Regulatory Options for 2000 Ocean

Salmon Fisheries,’’ which analyzes the

effects of the proposed 2000

management options. This report also

was made available to the Council, its

advisors, and the public.

Public hearings to receive public

testimony on the proposed options were

held on March 27, 2000, in Westport,

WA; North Bend, OR; and Santa Rosa,

CA; and, on March 28, 2000, in

Tillamook, OR; Moss Landing, CA; and

Eureka, CA. The Council also received

public testimony at both the March and

April meetings, and received written

comments at the Council office.

The Council met on April 3 to 7,

2000, in Portland, Oregon, to adopt its

final 2000 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 2000 Ocean

Salmon Fisheries,’’ which analyzes the

environmental and socio-economic

effects of the Council’s final

recommendations. This report also was

made available to the Council, its

advisors, and the public. After the

Council took final action on the annual

ocean salmon specifications in April, it

published the recommended

management measures in its newsletter.

Resource Status

Since 1989, NMFS has listed under

the Endangered Species Act (ESA) 16

evolutionarily significant units (ESU) of

salmon on the west coast. As the listings

have occurred, NMFS has initiated

formal ESA section 7 consultations and

issued biological opinions (BOs) that

consider the impacts to listed salmonid

species, resulting from proposed

implementation of the FMP, or in some

cases, from proposed implementation of

the annual management measures. Some

of the BOs have concluded that

implementation of the FMP is not likely

to jeopardize the continued existence of

certain listed ESUs. Other BOs have

found the FMP is likely to jeopardize

certain listed ESUs and have identified

reasonable and prudent alternatives

(ESA consultation standards) that would

avoid the likelihood of jeopardizing the

continued existence of the ESU under

consideration. Since completion of the

April 30, 1999, supplement to the

March 8, 1996, BO on the effect of ocean

fisheries on endangered and threatened

salmon, NMFS has listed California

Central Valley spring chinook and

California coastal chinook as threatened

under the ESA (64 FR 50394, September

16, 1999). In a March 7, 2000, letter to

the Council, NMFS provided the

Council with ESA standards and

guidance for the management of stocks

listed under the ESA in anticipation of

the BOs in preparation for the 2000

management season.

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26139

Estimates of the 1999 spawning

escapements for key stocks managed

under the FMP and preseason estimates

of 2000 ocean abundance are provided

in the Council’s REVIEW and PRE I

documents. The primary resource and

management concerns are for salmon

stocks listed under the ESA, Queets

River coho, and Klamath River fall

chinook.

Oregon coastal natural (OCN) coho are

the largest naturally produced

component of the natural and hatchery

coho stocks originating from rivers

south of Leadbetter Point, WA. OCN

coho are managed as a stock aggregate

with four identified sub-stocks that

include coho produced from Oregon

river and lake systems south of the

Columbia River. NMFS has listed three

ESUs of coho under the ESA: central

California coastal, southern Oregon/

northern California coastal, and Oregon

coastal. The three northern sub-stocks of

OCN coho comprise the Oregon coastal

coho ESU. NMFS’ ESA consultation

standards require that the three OCN

northern sub-stocks be managed in

accordance with Amendment 13 to the

FMP, which permits an exploitation rate

of up to 15-percent under the current

level of ocean survival. The southern

sub-stock is part of the southern

Oregon/northern California coastal ESU

and must be managed in accordance

with the requirements for that ESU. The

2000 ocean abundance estimate for OCN

is 55,900 coho, which is 8-percent above

the 1999 post-season estimate of 51,900

coho and twice the post-season estimate

of the 1997 parent brood (PRE I).

Central California coast coho and

southern Oregon/northern California

coast coho are listed as threatened

species under the ESA (61 FR 56138,

October 31, 1996, and 62 FR 24588, May

6, 1997). Coho populations in California

have not been monitored closely in the

past, and no forecasts of the ocean

abundance of listed coho originating

from California are available; these runs

have been generally at low abundance

levels for many years. NMFS’ ESA

consultation standards for the southern

Oregon/northern California coastal coho

and Central California coastal coho

ESUs require that the ocean exploitation

rate on Rogue/Klamath hatchery coho be

constrained to 13-percent or less, and

that the retention of coho in recreational

and commercial fisheries off California

be prohibited.

Sacramento River winter chinook is

listed as an endangered species under

the ESA (59 FR 440, January 4, 1994).

NMFS’ ESA consultation standards

require that all harvest-related impacts

to the Sacramento River winter chinook

salmon population be reduced by a level

that would achieve at least a 31-percent

increase in the age-3 spawner-tospawner replacement rate over a base

period of 1989 through 1993. The 1999

spawning run size was estimated to be

885 adults, a 45-percent increase over

the estimated 1996 adult escapement,

but short of the goal of 1,083 adults.

Neither preseason nor postseason

estimates of ocean abundance are

available for winter chinook; however,

the run is expected to remain depressed

in 2000.

Columbia River fall chinook

abundance estimates are made for

distinct fall chinook stock units. Lewis

River wild chinook ocean escapement is

forecast at 3,500 adults, 106-percent of

the 1999 run size of 3,300 adults (PRE

I). The forecast is 61-percent of the

5,700 spawning escapement goal. This

decline and the expectation that Lewis

River will not meet the spawning

escapement goal for wild chinook are

due to short term impacts from previous

flooding events; therefore, this decline

should not be a long-term trend. Lower

river hatchery (Tules) fall chinook ocean

escapement is forecast at 23,700 adults,

a record low return, 37-percent below

the 1999 observed return of 37,400

adults (PRE I). This stock has declined

sharply since the record high return in

1987. Lower Columbia River fall

chinook stocks normally account for

more than half the total catch in Council

area fisheries north of Cape Falcon, with

lower river hatchery fall chinook being

the single largest contributing stock. The

forecast return is 26-percent below the

current estimated ocean escapement of

32,000 adults needed to meet brood

stock requirements.

Snake River wild fall chinook are

listed under the ESA as a threatened

species (57 FR 14653, April 22, 1992).

Information on the stock’s ocean

distribution and on fishery impacts is

not available. Fishery impacts on Snake

River fall chinook are evaluated using

the Lyons Ferry Hatchery stock. The

Lyons Ferry stock is widely distributed

and harvested by ocean fisheries from

southern California to Alaska. NMFS’

ESA consultation standard requires that

Council fisheries must be managed to

ensure that the exploitation rate of age3 and age-4 adults for the combined

Southeast Alaska, Canadian, and

Council fisheries is 30-percent less than

that observed during the 1988–1993

base period under the terms of the 1999

Pacific Salmon Treaty.

Klamath River fall chinook ocean

abundance is projected to be 205,900

age-3 and age-4 fish at the beginning of

the fishing season. The abundance

forecast is 95-percent above the 1999

preseason abundance estimate and 25-

percent above the average of postseason

estimates for 1990–1999 (PRE I). The

1999 natural spawning escapement of

18,600 adults did not achieve the

minimum escapement goal of 35,000

natural spawners (fish that spawn

outside hatcheries).

The Queets River coho has a

conservation objective, or maximum

sustainable yield (MSY) goal, of 5,800 to

14,500 adult spawners. However, under

the Hoh v. Baldrige court decisions and

under the FMP, the State of Washington

and the Coastal Indian treaty tribes may

in any year agree on a spawning

escapement objective less than the MSY

goal. The State of Washington and the

Quinault Nation have agreed to manage

the 2000 fisheries for an overall

escapement of 3,200 and a wild

escapement of 2,500 coho. From 1997–

99 the postseason estimates of spawners

have been 2,100, 5,500, and 5,300

respectively, all well under the MSY

goal. However, the wild component of

the spawning escapement has only

missed the annual management goal

agreed to by the State and Tribes in one

year, 1997.

The Council has adopted Amendment

14 to the FMP which revises the

overfishing provisions of the FMP to be

consistent with the 1996 Sustainable

Fisheries Act amendments to the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). However, the

Council has not yet submitted

Amendment 14 to NMFS to begin

Secretarial review. Therefore, the

overfishing provisions of the current

FMP are still in force. Under the current

FMP, a stock is considered overfished if

it misses its annual management targets

for 3 consecutive years. In such case, the

Council is required to prepare a detailed

report determining the causes for the

failure to meet the annual goals and take

whatever actions are reasonable to

rebuild the stock if harvest controls can

have a significant positive impact. Since

the wild Queets River coho escapement

has fallen short of the annually agreed

to goals in only 1 of the last 3 years,

Queets coho are not considered

overfished.

However, Amendment 14, if

approved, would change the criteria for

determining when a Washington coastal

stock is defined as overfished from

missing the annual agreed goal for 3

consecutive years to missing the MSY

escapement goal for 3 consecutive years.

Under the new definition, Queets River

coho will be defined as overfished, and

the Council will have to prepare a

rebuilding plan.

The potential designation of Queets

coho as overfished under Amendment

26140 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations

14 is controversial because the comanagers, WDFW and the Quinault

Indian Nation, have had yearly

agreements to manage the yearly

escapement targets at less than 5,800

fish. They have indicated that the use of

these preseason agreed escapement

goals is more reflective of the current

habitat conditions in the Queets River

basin and that the MSY range of 5,800–

14,500 fish was derived when habitat

conditions supported a higher stock

size, and may no longer be a true MSY

goal.

Management Measures for 2000

The Council recommended allowable

ocean harvest levels and management

measures for 2000 are designed to

apportion the burden of protecting the

weak stocks identified and discussed in

PRE I equitably among ocean fisheries

and to allow maximum harvest of

natural and hatchery runs surplus to

inside fishery and spawning needs.

NMFS finds the Council’s

recommendations responsive to the

goals of the FMP, the requirements of

the resource, and the socio-economic

factors affecting resource users. The

recommendations are consistent with

the requirements of the MagnusonStevens Act and other applicable law,

including the ESA and U.S. obligations

to Indian tribes with Federally

recognized fishing rights. Accordingly,

NMFS has adopted them.

The dominant issues before the

Council in developing final

management recommendations were

achieving an acceptable ocean

exploitation rate on OCN and southern

Oregon/northern California coho;

meeting NMFS’ ESA consultation

standard for Sacramento River winter

chinook; protection of depressed Puget

Sound and Washington coastal coho

salmon; and the allocation of Klamath

River fall chinook between California

and Oregon commercial fisheries.

Amendment 13 to the FMP, which

was approved by NMFS in April 1999,

provides separate exploitation rate

targets for four OCN sub-stocks that

depend on measures of prior

escapement and ocean survival. NMFS’

ESA consultation standard requires that

the three northern sub-stocks be

managed in accordance with

Amendment 13, which permits an

exploitation rate of up to 15-percent

under the currently estimated level of

ocean survival. However, NMFS

provided guidance that the Council

should target a precautionary

exploitation rate not higher than 8.73-

percent, which was the 1999 preseason

exploitation rate projection. The

guidance was based on concerns that:

(1) The aggregate OCN coho broods had

not replaced themselves in the past 3

years; (2) the actual OCN ocean

abundance may fall short of the

preseason forecast if the current trend of

the previous 3 years in overestimated

forecasts continues; and (3) the 1997

parent brood of OCN coho subject to

harvest in 2000 was the lowest recorded

for the last 10 years at 27,800. The

Council’s recommendations resulted in

an 8.2-percent exploitation rate for OCN

coho (freshwater and marine) and a 6.0-

percent marine exploitation rate impact

for Rogue/Klamath coho, which are the

index stocks for the southern Oregon/

northern California coho stocks.

Retention of coho off California

continues to be prohibited for the sixth

consecutive year.

The Council’s recommended

measures, which are expected to

produce an 8.2-percent OCN coho

exploitation rate, are based on a revised

hooking mortality rate estimate of 14-

percent in recreational fisheries,

including selective fisheries. The

Council increased the hooking mortality

from 8 percent to 14 percent at its

March 2000 meeting based on

recommendations by the STT and

Scientific and Statistical Committee.

In 1999 the Council recommended

and NMFS approved a selective fishery

for 15,000 coho off the Oregon coast, in

which hatchery marked coho with a

healed adipose fin clip could be

retained. The selective fishery is

controversial because of potential

impacts on OCN coho. This year the

Council adopted a final

recommendation for a 20,000 coho

selective fishery following consideration

of an initial proposal for a 25,000 fish

selective fishery, and later a proposal

from Oregon for a 15,000 fish selective

fishery. Oregon will again intensively

monitor this selective fishery to gain

more information regarding impacts of

the selective fishery and to help in the

shaping of future selective fisheries.

NMFS believes the modest selective

fishery and planned monitoring

program are sufficiently precautionary.

This year, the Council’s Salmon

Advisory Subpanel was unable to reach

agreement on a recommendation to the

Council regarding the sharing of the

Klamath River fall chinook harvest

between the commercial fisheries off

Oregon and California. The Council

voted on the allocation, adopting a

recommendation for a 57/43 allocation

between California and Oregon,

respectively.

From the U.S.-Canada border to Cape

Falcon, ocean fisheries are managed to

protect depressed lower Columbia River

fall chinook salmon and Washington

coastal and Puget Sound natural coho

salmon stocks and to meet ESA

requirements for Snake River fall

chinook salmon. Ocean treaty and nontreaty harvests and management

measures were based in part on

negotiations between Washington State

fishery managers, commercial and

recreational fishing groups, and the

Washington coastal, Puget Sound, and

Columbia River treaty Indian tribes as

authorized by the U.S. District Court in

U.S. v. Washington, U.S. v. Oregon, and

Hoh Indian Tribe v. Baldrige.

North of Cape Falcon, Oregon, the

2000 management measures are more

restrictive than in 1999. The total

allowable catch for 2000 is 25,000

chinook and 100,000 coho; these

fisheries are restricted to protect

depressed Washington coastal, Puget

Sound, and OCN coho. Washington

coastal and Puget Sound chinook

generally migrate to the far north and

are affected insignificantly by ocean

harvests from Cape Falcon to the U.S.-

Canada border.

The new Columbia River Control

Zone adopted in 1999 for the

recreational fisheries was extended to

the commercial fisheries in 2000. The

boundaries are defined in sections

1.C.4.a. and 2.C.3.a. of the 2000

management measures. The Council

adopted this change to avoid the

confusion of having two different

boundaries for the these user groups in

this area. South of Cape Falcon, OR, the

retention of coho is prohibited for the

sixth consecutive year, except for a

recreational selective fishery off Oregon

in July with a 20,000 fish quota of

marked hatchery coho. Chinook

fisheries are constrained primarily to

meet the Klamath River fall chinook

natural spawner escapement floor and

ESA standards for Sacramento River

winter chinook. These constraints also

limit impacts on threatened Snake River

fall chinook, Central Valley spring

chinook, and California coastal chinook

and reduce release mortality on Oregon

coastal coho, southern Oregon/northern

California coast coho, and central

California coho. Size limit, gear, and

seasonal restrictions are intended to

reduce harvest impacts on endangered

Sacramento River winter chinook.

The Council recommended a

minimum size limit in the recreational

fishery of 24 in (61.0 cm) south of Horse

Mountain through May 31, and 20 in

(50.8 cm) thereafter, in conjunction with

a 2 week delay in the opening of the

recreational seasons south of Point

Arena to reduce incidental ocean

harvest of Sacramento River winter

chinook and Central Valley spring

chinook. In order to minimize hooking

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26141

mortality, the Council recommended the

continuation of gear restrictions (circle

hooks while mooching) for recreational

fisheries off California, and extension of

the gear restrictions for mooching to

commercial fisheries.

The Council recommended for the

third year a commercial troll test fishery

operating inside 6 nautical miles (nm)

(11.1 km) from July 1 through July 15

between Fort Ross and Point Reyes

under a 4,500-fish quota. The test

fishery is designed to assess the relative

contribution of Klamath River fall

chinook to the catch of a near-shore

commercial fishery in the test area.

NMFS concluded that incidental

fishery impacts that occur in the ocean

salmon fishery proposed for the period

from May 1, 2000, through April 30,

2001 (or until the effective date of the

2001 management measures), will not

jeopardize the continued existence of

ESA listed salmon.

Treaty Indian Fisheries

The treaty-Indian commercial troll

fishery is expected to land its quota of

25,500 chinook in ocean management

areas and Area 4B combined. The

landings result from a chinook-directed

fishery in May and June (under a quota

of 20,000 chinook) and the all-salmon

season beginning in August with a 5,500

chinook quota. The expected 2000

harvest would be a reduction from the

observed harvest in 1999. The coho

quota and projected catch for the treatyIndian troll fishery in ocean

management areas, including

Washington State Statistical Area 4B for

the May–September period is 20,000

coho, a significant decrease from 1999.

2001 Fisheries

The timing of the March and April

Council meetings makes it impracticable

for the Council to recommend fishing

seasons that begin before May 1 of the

same year. Therefore, the 2001 fishing

seasons opening earlier than May 1 are

also established in this action. The

Council recommended and NMFS

concurs that the recreational seasons

from Horse Mountain to the U.S. Mexico

Border will open off California in 2001

as indicated in the season description

section. In addition, at the March 2000

meeting, the Council will consider

inseason recommendations to (1)

Establish management measures for an

all-salmon-except-coho recreational and

commercial fishery prior to May 1, in

areas off Oregon, and (2) recommend the

areas, season, quota, and special

regulations for experimental fisheries in

April (proposals must meet Council

protocol and be received in November

2000).

Inseason Actions

The following sections set out the

management regime for the salmon

fishery. Open seasons and days are

described in Sections 1, 2, and 3 of the

2000 management measures. Inseason

closures in the commercial and

recreational fisheries are announced on

the NMFS hotline and through the Coast

Guard Notice to Mariners as described

In Section 7. Other inseason

adjustments to management measures

are also announced on the hotline and

through Notice to Mariners.

The following are the management

measures recommended by the Council

and approved and implemented by

NMFS for 2000 and, as specified, for

2001.

Section 1. Commercial Management

Measures for 2000 Ocean Salmon

Fisheries

Note: This section contains important

restrictions in parts A, B, and C which must

be followed for lawful participation in the

fishery.

A. Season Description—North of Cape

Falcon

U.S.-Canada Border to Cape Falcon

May 1 through earlier of June 15 or

11,000 chinook guideline (see C.7.a.).

All salmon except coho. See gear

restrictions in C.2. Columbia Control

Zone is closed (see C.4.a. for description

of newly defined area for 2000 which is

identical to the recreational control

zone). [Inseason actions may modify

harvest guidelines in later fisheries to

achieve or prevent exceeding the overall

allowable troll harvest impacts (C.7.)]

Queets River to Cape Falcon

Aug. 4 through earliest of Sept. 30 or

the overall chinook quota (preseason

1,500 chinook guideline; see C.7.a.) or a

quota of 25,000 coho with healed

adipose fin clips. All salmon. Cycle of

4 days open/3 days closed. See gear

restrictions in C.2. Each vessel may

possess, land, and deliver no more than

50 chinook per open period. However,

no possession or landing restrictions

will initially apply if the chinook

harvest guideline is at least 2,500

chinook as a result of the transfer of

uncaught harvest from the May/June

fishery. Trip limits, gear restrictions,

and harvest guidelines may be instituted

and adjusted inseason. Vessels must

land and deliver their fish within 24

hours of any closure of this fishery

within the area or in adjacent areas that

are closed to all commercial non-Indian

salmon fishing. Columbia Control Zone

is closed (see C.4.a. for description of

newly defined area for 2000, which is

identical to the recreational control

zone).

South of Cape Falcon

Cape Falcon to Humbug Mt.

Apr. 1 through July 22; Aug. 1

through Aug. 29; and Sept. 1 through

Oct. 31. All salmon except coho. See

gear restrictions in C.2. See Oregon State

regulations for a description of the

closed area at the mouth of Tillamook

Bay.

Humbug Mt. to OR–CA Border

May 1 through May 31. All salmon

except coho. See gear restrictions in C.2.

Sisters Rocks to Oregon-California

Border

Aug. 1 through earlier of Aug. 31 or

1,300 chinook quota. All salmon except

coho. Possession and landing limit of 30

fish per day. See gear restrictions in C.2.

All salmon must be landed and

delivered to Gold Beach, Port Orford or

Brookings within 24 hours of closure.

House Rock, Oregon to Humboldt South

Jetty

Sept. 1 through earlier of Sept. 30 or

7,000 chinook quota. All salmon except

coho. Possession and landing limit of 30

fish per day. All fish caught in this area

must be landed within the area. See gear

restrictions in C.2. Klamath Control

Zone closed (C.4.). The 7,000 chinook

quota includes a harvest guideline

limiting landings at the port of

Brookings to no more than 1,000

chinook. If this guideline is reached

prior to the overall quota, the fishery

will close north of the Oregon-California

border. When the fishery is closed north

of the Oregon-California border and

open to the south, Oregon State

regulations provide for the following

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.

Horse Mt. to Pt. Arena (Fort Bragg)

Sept. 1 through Sept. 30. All salmon

except coho. Minimum size 26 in (66.0

cm). See gear restrictions in C.2.

Pt. Arena to Pt. Reyes (Bodega Bay)

July 18 through Sept. 30. All salmon

except coho. Minimum size 27 in (68.6

cm). See gear restrictions in C.2.

26142 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations

Fort Ross to Pt. Reyes (test fishery inside

6 nm (11.1 km))

July 1 through earlier of July 15 or

4,500 chinook quota. All salmon except

coho. Fishery closed July 4. Minimum

size 26 in (66.0 cm) (to be consistent

with 1998 and 1999 test fisheries). Open

only inside 6 nm (11.1 km). Possession

and landing limit of 30 fish per day. See

gear restrictions in C.2. All fish caught

in this area must be landed in Bodega

Bay. Fish taken outside this area may

not be landed at Bodega Bay while this

fishery is open.

Pt. Reyes to Pt. San Pedro

May 29 through Sept. 30. All-salmonexcept-coho. Minimum size 26 in (66.0

cm) through June 30 and 27 in (68.6 cm)

thereafter. See gear restrictions in C.2.

Pt. San Pedro to U.S.-Mexico Border

May 1 through Aug. 27. All salmon

except coho. Minimum size 26 in (66.0

cm) through June 30 and 27 in (68.6 cm)

thereafter. See gear restrictions in C.2.

B. MINIMUM SIZE

[Inches]

Area (when open)

Chinook Coho

Pink

Total length Head-off Total length Head-off

North of Cape Falcon ..................................................... 28.0 21.5 16.0 12.0 None.

Cape Falcon to Pt. Arena ............................................... a 26.0 a 19.5 ........................ ........................ None.

South of Pt. Arena prior to July 1 ................................... a 26.0 a 19.5 ........................ ........................ None.

South of Pt. Arena after June 30 ................................... a b 27.0 a b 20.25 ........................ ........................ None.

a Chinook not less than 26 in (19.5 in head-off) taken in open seasons south of Cape Falcon may be landed north of Cape Falcon only when

the season is closed north of Cape Falcon. bExcept minimum size limit of 26 in total length in the Bodega Bay test fishery.

Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 20.25 in=51.4 cm, 19.5 in=49.5 cm, 16.0 in=40.6 cm,

12.0 in=30.5 cm

C. Special Requirements, Definitions,

Restrictions, or Exceptions

C.1. Compliance with Minimum Size

or Other Special Restrictions: All

salmon on board a vessel must meet the

minimum size 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.

C.2. Gear Restrictions:

a. Single point, single shank barbless

hooks are required in all fisheries.

b. Off Oregon South of Cape Falcon:

No more than 4 spreads are allowed per

line.

Spread defined: A single leader

connected to an individual lure or bait.

c. Off California: 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.

Circle hook defined: A hook with a

generally circular shape and a point

which turns inward, pointing directly to

the shank at a 90° angle.

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,

except when landing fish.

C.3. Transit Through Closed Areas

with Salmon on Board: It is unlawful for

a vessel to have troll gear in the water

while transiting any area closed to

salmon fishing while possessing

salmon.

C.4. Control Zone Definitions (note

modified description of Columbia

Control Zone for 2000):

a. Columbia Control Zone—An area at

the Columbia River mouth, bounded on

the west by a line running northeast/

southwest between red lighted Buoy #4

(46°13′35′′ N. lat., 124°06′50′′ W. long.)

and green lighted Buoy #7 (46°15′09′′ N.

lat., 124°06′16′′ W. long.); on the east, by

the Buoy #10 line which bears north/

south at 357 true from the south jetty at

46°14′00′′ N. lat., 124°03′07′′ W. long. to

its intersection with the north jetty; on

the north, by a line running northeast/

northeast/southwest between green

lighted Buoy #7 to the tip of the north

jetty (46°14′48′′ N. lat., 124°05′20′′ W.

long.), and then along north jetty to the

point of intersection with the Buoy #10

line; and, on the south, by a line

running northeast/southwest between

red lighted Buoy #4 and the tip of the

south jetty (46°14′03′′ N. lat., 124°04′05′′

W. long.), and then along the south jetty

to the point of intersection with the

Buoy #10 line.

b. Klamath Control Zone—The ocean

area at the Klamath River mouth

bounded on the north by 41°38′48′′ N.

lat. (approximately 6 nm (11.1 km)

north of the Klamath River mouth); on

the west, by 124°23′00′′ W. long.

(approximately 12 nm (22.2 km) off

shore); and, on the south, by 41°26′48′′

N. lat. (approximately 6 nm (11.1 km)

south of the Klamath River mouth).

C.5. 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 U.S. Coast Guard

and receive acknowledgment of such

notification prior to leaving the area.

This notification shall include the name

of the vessel, port where delivery will

be made, approximate amount of

salmon (by species) on board and the

estimated time of arrival. This

stipulation will be implemented by state

regulations for California, Oregon and

Washington.

C.6. Incidental Halibut Harvest:

During authorized periods, the operator

of a vessel that has been issued an

incidental halibut harvest license may

retain Pacific halibut caught

incidentally in Area 2A while trolling

for salmon. License applications for

incidental harvest must be obtained

from the International Pacific Halibut

Commission (phone 206–634–1838).

Applicants must apply prior to April 1

of each year. Incidental harvest is

authorized only during May and June

troll seasons and after July 31 if quota

remains and if announced on the NMFS

hotline (phone 800–662–9825). ODFW

and WDFW will monitor landings. If the

landings are projected to exceed the

23,490-lb (10.7-mt) preseason allocation

or the total Area 2A non-Indian

commercial halibut allocation, NMFS

will take inseason action to close the

incidental halibut fishery. License

holders may land no more than 1

halibut per each 3 chinook, except 1

halibut may be landed without meeting

the ratio requirement, and no more than

35 halibut may be landed per trip.

Halibut retained must be no less than 32

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26143

in (81.3 cm) in total length (with head

on).

C.7. Inseason Management: In

addition to standard inseason actions or

modifications already noted under the

season description, the following

inseason guidance is provided to NMFS:

a. In the overall non-Indian

commercial chinook quota north of

Cape Falcon, 1,000 chinook in the May/

June harvest guideline are the result of

impacts assessed at the July/August

harvest impact rate. Inseason, these

1,000 chinook (or remaining portion

thereof) may be transferred to the July/

August harvest guideline at a one-to-one

rate if not caught in the May/June

fishery. Any chinook remaining in the

May/June harvest guideline in excess of

1,000 may be transferred to the July/

August harvest guideline on a fishery

impact equivalent basis.

b. At the March 2001 meeting, the

Council will consider inseason

recommendations to: (1) Open

commercial seasons for all salmon

except coho prior to May 1 in areas off

Oregon, and (2) identify the areas,

season, quota, and special regulations

for any experimental April fisheries

(proposals must meet Council protocol

and be received in November 2000).

C.8. Consistent with Council

management objectives, the State of

Oregon may establish additional lateseason, chinook-only fisheries in state

waters. Check state regulations for

details.

C.9. For the purposes of CDFG Code,

Section 8232.5, the definition of the

KMZ for the ocean salmon season shall

be that area from Humbug Mt., Oregon

to Horse Mt., California.

Section 2. Recreational Management

Measures for 2000 Ocean Salmon

Fisheries

Note: This section contains important

restrictions in parts A, B, and C which must

be followed for lawful participation in the

fishery.

A. Season Description—North of Cape

Falcon

U.S.-Canada Border to Cape Alava

(Neah Bay Area)

July 3 through earlier of Sept. 30 (7

days per week) or subarea quota of 6,900

marked coho. All salmon, see following

note concerning Area 4B. 2 fish per day,

but only 1 chinook. All retained coho

must have a healed adipose fin clip. See

gear restrictions in C.2. Inseason

management may be used to maintain

season length and keep harvest within

a guideline of 500 chinook.

Note: While ocean fishery is open in Area

4, no retention of chinook is allowed in Area

4B.

Cape Alava to Queets River (La Push

Area)

July 3 through earlier of Sept. 30 (7

days per week) or subarea quota of 1,700

marked coho. All salmon. 2 fish per day,

but only 1 chinook. All retained coho

must have a healed adipose fin clip. See

gear restrictions in C.2. Inseason

management may be used to maintain

season length and keep harvest within

a guideline of 300 chinook.

Queets River to Leadbetter Pt. (Westport

Area)

Sun. through Thurs. July 3 through

earlier of Sept. 30 or subarea quota of

28,900 marked coho. All salmon. 2 fish

per day, but only 1 chinook. All

retained coho must have a healed

adipose fin clip. See gear restrictions in

C.2. Closed through Aug. 10 inside the

area defined by a line drawn from the

Westport lighthouse (46°53.3′ N. lat.,

124°07.01′ W. long.) to Buoy #2

(46°52.7′ N. lat., 124°12.7′ W. long.) to

Buoy #3 (46°55.0′ N. lat., 124°14.8′ W.

long.) to the Grays Harbor north jetty

(46°55.6′ N. lat., 124°10.85′ W. long.).

Inseason management may be used to

maintain season length and limit

harvest within a guideline of 7,400

chinook.

Leadbetter Pt. to Cape Falcon (Columbia

River Area)

Sun. through Thurs. July 10 through

earlier of Sept. 30 or subarea quota of

37,500 marked coho. All salmon. 2 fish

per day, but only 1 chinook. All

retained coho must have a healed

adipose fin clip. See gear restrictions in

C.2. Coho retention is prohibited

between Tillamook Head and Cape

Falcon beginning Aug. 1 (i.e., all salmon

except coho and a daily bag limit of 1

chinook). Closed in Columbia Control

Zone (C.3.). Inseason management may

be used to maintain season length and

limit harvest within a guideline of 4,300

chinook.

South of Cape Falcon

Cape Falcon to Humbug Mt.

Except as provided below during the

selective fishery, the season will be Apr.

1 through Oct. 31. All salmon except

coho, 2 fish per day. No more than 6

fish in 7 consecutive days. See gear

restrictions in C.2. See Oregon State

regulations for a description of a closure

at the mouth of Tillamook Bay.

Selective fishery for marked hatchery

coho (healed adipose fin clip)

Sun., Tue., Wed., Thur., and Sat. of

each week, July 1 through earlier of July

31 or a landed catch of 20,000 marked

coho. All salmon. 2 fish per day. All

retained coho must have a healed

adipose fin clip. No more than 6 fish in

7 consecutive days. See gear restrictions

C.2. Open days may be adjusted to

utilize the available quota.

Note: On closed days during the selective

fishery, no angling for any species of salmon

is allowed. The all-salmon-except-coho

season reopens the earlier of Aug. 1 or

attainment of the coho quota.

Humbug Mt. to Horse Mt. (Klamath

Management Zone)

May 27 through July 6, one fish per

day; and July 29 through Sept. 10, two

fish per day. All salmon except coho, no

more than 4 fish in 7 consecutive days.

See gear restrictions in C.2. Klamath

Control Zone (C.3.) closed during Aug.

Horse Mt. to Pt. Arena (Fort Bragg)

Feb. 12 through July 6 and July 22

through Nov. 12. All salmon except

coho, 2 fish per day. Minimum size 24

in (61.0 cm) through May 31 and 20 inc

(50.8 cm) thereafter. See gear

restrictions in C.2.

In 2001, season opens Feb. 17 (nearest

Sat. to Feb. 15) for all salmon except

coho, 2 fish per day. Minimum size 24

in (61.0 cm) and gear restrictions in C.2.

Pt. Arena to Pigeon Pt.

Apr. 15 through Nov. 5. All salmon

except coho, 2 fish per day. Minimum

size 24 in (61.0 cm) through May 31 and

20 in (50.8 cm) thereafter. See gear

restrictions in C.2.

In 2001, the season will open Apr. 14

for all salmon except coho, 2 fish per

day. Minimum size 24 in (61.0 cm) and

gear restrictions in C.2.

Pigeon Pt. to U.S.-Mexico Border

Apr. 1 through Oct. 1. All salmon

except coho, 2 fish per day. Minimum

size 24 in (61.0 cm) through May 31 and

20 in (50.8 cm) thereafter. North of Pt.

Conception, see gear restrictions in C.2.

In 2001, the season will open March

31 for all salmon except coho, 2 fish per

day. Minimum size 24 in (61.0 cm) and

gear restrictions in C.2.

26144 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations

B. MINIMUM SIZE

[Total Length in Inches]

Area (when open) Chinook Coho Pink

North of Cape Falcon .............................................................................................................. 24.0 16.0 None.

Cape Falcon to Horse Mt ........................................................................................................ 20.0 16.0 None, except 20.0 off.

South of Horse Mt* .................................................................................................................. 20.0* - 20.0.

* Except 24.0 inches prior to June 1.

Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, 16.0 in=40.6 cm.

C. Special Requirements, Definitions,

Restrictions, or Exceptions

C.1. Compliance with Minimum Size

and Other Special Restrictions: All

salmon on board a vessel must meet the

minimum size or other special

requirements for the area being fished.

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.

C.2. Gear Restrictions: 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 Pt.

Conception, California: No more than

one rod may be used per angler and

single point, single shank barbless

hooks are required for all fishing gear.

(Note: ODFW regulations in the statewater fishery off Tillamook Bay may

allow the use of barbed hooks to be

consistent with inside regulations.)

b. Off Oregon between Cape Falcon

and Humbug Mt.: During the all-salmonexcept coho season, legal gear is limited

to artificial lures and plugs of any size,

or bait no less than 6 in (15.2 cm) long

(excluding hooks and swivels). All gear

must have no more than 2 single point,

single shank barbless hooks. Divers are

prohibited and flashers may be used

only with downriggers. During the allsalmon, mark-selective fishery, the legal

gear limitations for this area are waived,

except anglers must use no more than 2

single point, single shank barbless

hooks.

c. Off California North of Pt.

Conception: Anglers must use no more

than 2 single point, single shank

barbless hooks.

d. Off California between Horse Mt.

and Pt. Conception: Single point, single

shank, barbless circle hooks must be

used if angling with bait by any means

other than trolling and no more than 2

such hooks shall be used. When angling

with 2 hooks, the distance between the

hooks must not exceed 5 in (12.7 cm)

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.

Circle hook defined: A hook with a

generally circular shape and a point

which turns inward, pointing directly to

the shank at a 90° angle.

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,

except when landing a fish.

C.3. Control Zone Definitions:

a. Columbia Control Zone—An area at

the Columbia River mouth, bounded on

the west by a line running northeast/

southwest between red lighted Buoy #4

(46°13′35′′ N. Lat., 124°06′50′′ W. long.)

and green lighted Buoy #7 (46°15′09′′ N.

lat., 124°06′16′′ W. long.); on the east, by

the Buoy #10 line which bears north/

south at 357 true from the south jetty at

46°14′00′′ N. lat.,124°03′07′′ West. long.

to its intersection with the north jetty;

on the north, by a line running northeast

/southwest between green lighted Buoy

#7 to the tip of the north jetty (46°14′48′′

N. lat., 124°05′20′′ W. long.) and then

along the north jetty to the point of

intersection with the Buoy #10 line;

and, on the south, by a line running

northeast/southwest between red

lighted Buoy #4 and tip of the south

jetty (46°14′03′′ N. lat., 124°04′05′′ W.

long.), and then along the south jetty to

the point of intersection with the Buoy

#10 line.

b. Klamath Control Zone—The ocean

area at the Klamath River mouth

bounded on the north by 41°38′48′′ N.

lat. (approximately 6 nm (11.1 km)

north of the Klamath River mouth); on

the west, by 124°23′00′′ W. long.

(approximately 12 nm (22.2 km) off

shore); and, on the south, by 41°26′48′′

N. lat. (approximately 6 nautical miles

(11.1 km) south of the Klamath River

mouth).

C.4. Inseason Management:

Regulatory modifications may become

necessary inseason to meet preseason

management objectives such as quotas,

harvest guidelines and season duration.

Actions could include modifications to

bag limits or days open to fishing, and

extensions or reductions in areas open

to fishing. NMFS may transfer coho

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 Salmon Advisory Subpanel

recreational representatives north of

Cape Falcon. At the March 2001

meeting, the Council will consider an

inseason recommendation to open

seasons for all salmon except coho prior

to May 1 in areas off Oregon.

C.5. Additional Seasons in State

Territorial Waters: Consistent with

Council management objectives, the

states of Washington and Oregon may

establish limited seasons in state waters.

Oregon state-water fisheries are limited

to chinook salmon. Check state

regulations for details.

Section 3. Treaty Indian Management

Measures for 2000 Ocean Salmon

Fisheries

Note: This section contains important

restrictions in parts A, B, and C which must

be followed for lawful participation in the

fishery.

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26145

A. Season Descriptions

Tribe and area boundaries Open seasons Salmon species

Minimum size

(inches) Special restrictions by area

Chinook Coho

Makah—That portion of the Fishery Management Area (FMA)

north of 48°02′15′′ N. lat. (Norwegian Memorial) and east of

125°44′00′′ W. long.

May 1 through earlier of June 30

or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho

All .....................

24

24

..............

16

Barbless hooks. No more than 8

fixed lines per boat or no

more than 4 hand-held lines

per person.

Quileute—That portion of the

FMA between 48°07′36′′ N.

lat. (Sand Point) and

47°31′42′′ N. lat. (Queets

River) and east of 125°44′00′′

W. long.

May 1 through earlier of June 30

or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho

All .....................

24

24

..............

16

Barbless hooks. No more than 8

fixed lines per boat.

Hoh—That portion of the FMA

between 47°54′18′′ N. lat.

(Quillayute River) and

47°21′00′′ N. lat. (Quinault

River) and east of 125°44′00′′

W. long.

May 1 through earlier of June 30

or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho

All .....................

24

24

..............

16

Barbless hooks. No more than 8

fixed lines per boat.

Quinault—That portion of the

FMA between 47°40′06′′ N.

lat. (Destruction Island) and

46°53′18′′ N. lat. (Point Chehalis) and east of 125°44′00′′

W. long.

May 1 through earlier of June 30

or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho

All .....................

24

24

..............

16

Barbless hooks. No more than 8

fixed lines per boat.

* Metric equivalents: 24 in=61.0 cm, 16 in=40.6 cm.

B. Special Requirements, Restrictions,

and Exceptions

B.1. 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.

B.2. Applicable lengths, in inches, for

dressed, head-off salmon, are 18 in (45.7

cm) for chinook and 12 in (30.5 cm) for

coho. Minimum size and retention

limits for ceremonial and subsistence

harvest are as follows:

Makah Tribe—None.

Quileute, Hoh and Quinault tribes—

Not more than 2 chinook longer than 24

in (61.0 cm) in total length may be

retained per day. Chinook less than 24

in (61.0 cm) total length may be

retained.

B.3. The area within a 6-mile (9.7 km)

radius of the mouths of the Queets River

(47°31′42′′ N. lat.) and the Hoh River

(47°45′12′′ N. lat.) will be closed to

commercial fishing. A closure within 2

miles (3.2 km) of the mouth of the

Quinault River (47°21′00′′ N. lat.) may

be enacted by the Quinault Nation and/

or the State of Washington and will not

adversely affect the Secretary of

Commerce’s management regime.

C. Quotas

C.1. The overall treaty troll ocean

quotas are 25,500 chinook and 20,000

coho. The overall chinook quota is

divided into 20,000 chinook for the

May-June chinook-directed fishery and

5,500 chinook for the August-September

all-salmon season. If the chinook quota

for the May-June fishery is not fully

utilized, the excess fish may not be

transferred into the later all-salmon

season. The quotas include troll catches

by the S’Klallam and Makah tribes in

Washington State Statistical Area 4B

from May 1 through September 30.

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. In addition, the 2000

Pacific halibut management measures

were published in the Federal Register

on March 20, 2000 (65 FR 14909). The

regulations and management measures

provide that vessels participating in the

salmon troll fishery in Area 2A (all

waters off the States of Washington,

Oregon, and California), which have

obtained the appropriate International

Pacific Halibut Commission (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. The operator of a vessel who

has been issued an incidental halibut

harvest license by the IPHC may retain

Pacific halibut caught incidentally in

Area 2A, during authorized periods,

while trolling for salmon. Incidental

harvest is authorized only during the

May and June troll seasons. It is also

authorized after July 31 if halibut quota

remains and if halibut retention is

announced on the NMFS hotline (phone

800–622–9825). License holders may

land no more than 1 halibut per each 3

chinook, except 1 halibut may be landed

without meeting the ratio requirement,

and no more than 35 halibut may be

landed per trip. Halibut retained must

meet the minimum size limit of 32 in

(81.3 cm). The Oregon Department of

Fish and Wildlife and Washington

Department of Fish and Wildlife will

monitor landings and, if they are

projected to exceed the 23,490-lb (10.7-

mt) preseason allocation or the Area 2A

non-Indian commercial total allowable

catch of halibut, NMFS will take

inseason action to close the incidental

halibut fishery. License applications for

incidental harvest must be obtained

from the IPHC. Applicants must apply

prior to April 1 of each year.

Section 5. Gear Definitions and

Restrictions

In addition to the gear restrictions

shown in Section 1, 2, and 3, the

following gear definitions and

restrictions will apply.

Commercial Troll Fishing Gear: Troll

fishing gear for the ocean salmon

fisheries in the EEZ off Washington,

26146 Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations

Oregon, and California is defined as one

or more lines that drag hooks behind a

moving fishing vessel. In that portion of

the fishery management area (FMA) 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.

Recreational Fishing Gear:

Recreational fishing gear for the FMA is

defined as angling tackle consisting of a

line with no more than one artificial

lure or natural bait attached. In that

portion of the FMA off Oregon and

Washington, the line 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. In that portion of the FMA

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 4 lb (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 that can

reasonably be expected to result in the

catching, taking, or harvesting of fish.

Section 6. 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 ........................................................................................................................................................................... 48°23′00′′ N. lat.

Cape Alava .............................................................................................................................................................................. 48°10′00′′ N. lat.

Queets River ............................................................................................................................................................................ 47°31′42′′ N. lat.

Leadbetter Point ...................................................................................................................................................................... 46°38′10′′ N. lat.

Cape Falcon ............................................................................................................................................................................ 45°46′00′′ N. lat.

Humbug Mountain .................................................................................................................................................................. 42°40′30′′ N. lat.

Sisters Rocks ........................................................................................................................................................................... 42°35′45′′ N. lat.

Mack Arch ............................................................................................................................................................................... 42°13′40′′ N. lat.

House Rock ............................................................................................................................................................................. 42°06′32′′ N. lat.

Oregon-California Border ....................................................................................................................................................... 42°00′00′′ N. lat.

Humboldt South Jetty ............................................................................................................................................................. 40°45′53′′ N. lat.

Horse Mountain ...................................................................................................................................................................... 40°05′00′′ N. lat.

Point Arena ............................................................................................................................................................................. 38°57′30′′ N. lat.

Fort Ross ................................................................................................................................................................................. 38°31′00′′ N. lat.

Point Reyes ............................................................................................................................................................................. 37°59′44′′ N. lat.

Point San Pedro ...................................................................................................................................................................... 37°35′40′′ N. lat.

Pigeon Point ............................................................................................................................................................................ 37°11′00′′ N. lat.

Point Conception .................................................................................................................................................................... 34°27′00′′ N. lat.

Section 7. Inseason Notice Procedures

Actual notice of inseason

management actions will be provided by

a telephone hotline administered by the

Northwest Region, NMFS, 206–526–

6667 or 800–662–9825, and by U.S.

Coast Guard Notice to Mariners

broadcasts. These broadcasts are

announced on Channel 16 VHF–FM and

2182 KHz at frequent intervals. The

announcements designate the channel

or frequency over which the Notice to

Mariners will be immediately broadcast.

Inseason actions will also be filed with

the Federal Register as soon as

practicable. Since provisions of these

management measures may be altered

by inseason actions, fishermen should

monitor either the telephone hotline or

Coast Guard broadcasts for current

information for the area in which they

are fishing.

Classification

This notification of annual

management measures is exempt from

review under Executive Order 12866.

The Assistant Administrator for

Fisheries, NOAA (AA) finds good cause

under 5 U.S.C. 553(b)(B), to waive the

requirement for prior notice and

opportunity for public comment. As

described earlier (Schedule Used to

Establish 2000 Management Measures),

the Council solicited public comment

on these measures and has notified the

public of the measures it recommended

for implementation. Providing for

additional prior notice and opportunity

for public comments on these measures

through a rulemaking process would be

impracticable and contrary to the public

interest. Given the extremely low

returns of many ocean salmon stocks

listed under the ESA, the need to

prevent overfishing, and the need to

facilitate a level of escapement to meet

the requirements of the resource and

inside fisheries, it is essential to have

these measures effective at the

beginning of the fishing year. Failure to

implement these measures immediately

could compromise the status of certain

stocks and negatively impact

international, state, and tribal salmon

fisheries, thereby undermining the

purposes of this agency action.

For the reasons discussed earlier,

NMFS has determined that good cause

exists to waive the requirements of 50

CFR 660.411 for prior notice and

opportunity for public comments.

Section 660.411 of title 50, Code of

Federal Regulations, requires NMFS to

publish an action implementing

management measures for ocean salmon

fisheries each year and, if time allows,

invite public comment prior to the

effective date. Section 660.411 further

states that if, for good cause, an action

must be filed without affording a prior

opportunity for public comment, the

measures will become effective;

however, public comments on the

action will be received for a period of

15 days after filing of the action with the

Office of the Federal Register. NMFS

will receive public comments on this

action for 15 days from the date of filing

this action for public inspection with

the Office of the Federal Register.

The AA also finds good cause under

5 U.S.C. 553(d)(3), to waive the 30-day

delay in effectiveness of this rule. The

finding of good cause is based upon the

public’s interest in having these

provisions in place by the start of the

ocean salmon fishing year (May 1,

2000). As previously discussed, these

measures are essential to conserve

threatened and endangered ocean

salmon stocks, and to provide for

harvest of more abundant stocks. The

finding of good cause to waive the 30-

day delay in effectiveness is also based

on the limited time available to

implement these new measures after the

final Council meeting in April and

before the commencement of the ocean

salmon fishing year on May 1.

To enhance notification of the fishing

industry of these new measures, NMFS

is announcing the new measures over

the telephone hotline used for inseason

management actions and by U.S. Coast

Guard Notice to Mariners Broadcast.

NMFS also has advised the States of

Washington, Oregon, and California,

Federal Register / Vol. 65, No. 88 / Friday, May 5, 2000 / Rules and Regulations 26147

which announce the seasons for

applicable state and Federal fisheries

through their own public notification

systems.

Since 1989, NMFS has listed 16 ESUs

of salmon on the west coast. As the

listings have occurred, NMFS has

initiated formal ESA section 7

consultations and issued BOs which

consider the impacts to listed salmonid

species, resulting from proposed

implementation of the FMP, or in some

cases, from proposed implementation of

the annual management measures. Some

opinions have concluded that

implementation of the FMP is not likely

to jeopardize the continued existence of

certain listed ESUs. Other opinions have

found the FMP is likely to jeopardize

certain listed ESUs, and have identified

reasonable and prudent alternatives

(ESA consultation standards) that would

avoid the likelihood of jeopardizing the

continued existence of the ESU under

consideration. Since completion of the

April 30, 1999, supplement to the

March 8, 1996, BO on the effect of ocean

fisheries on endangered and threatened

salmon, NMFS has listed Central Valley

spring chinook and California coastal

chinook as threatened under the ESA

(64 FR 50394, September 16, 1999).

NMFS reinitiated consultation and

issued two BOs which address the

potential effects of ocean salmon

fisheries to newly listed species under

the ESA; those opinions were signed on

April 28, 2000, covering the two listed

chinook ESUs in the ocean salmon

fisheries, and on April 28, 2000,

covering the ocean salmon fisheries for

this season through April 30, 2001.

Based on these BOs, NMFS concludes

that these management measures are not

likely to jeopardize the continued

existence of any ESU of salmon that is

listed under the ESA. The Council’s

recommended management measures

comply with the terms and conditions

of the incidental take statements in all

of the outstanding applicable BOs

related to listed salmon species that may

be affected by Council fisheries.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 1, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–11231 Filed 5–2–00; 11:28 am]

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