[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Rules and Regulations]
[Pages 26138-26147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11231]



[[Page 26138]]

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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.

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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.

[[Page 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-to-spawner 
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 age-3 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

[[Page 26140]]

14 is controversial because the co-managers, 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 Magnuson-Stevens 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 non-treaty 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

[[Page 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 treaty-Indian 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.

[[Page 26142]]

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-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.
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]
----------------------------------------------------------------------------------------------------------------
                                             Chinook                          Coho
        Area (when open)        ----------------------------------------------------------------       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.......          <SUP>a</SUP> 26.0          <SUP>a</SUP> 19.5  ..............  ..............  None.
South of Pt. Arena prior to              <SUP>a</SUP> 26.0          <SUP>a</SUP> 19.5  ..............  ..............  None.
 July 1.
South of Pt. Arena after June          <SUP>a</SUP> <SUP>b</SUP> 27.0       <SUP>a</SUP> <SUP>b</SUP> 20.25  ..............  ..............  None.
 30.
----------------------------------------------------------------------------------------------------------------
<SUP>a</SUP> 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.
<SUP>b</SUP> Except 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 deg. 
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 deg.13'35" N. lat., 124 deg.06'50" W. long.) and 
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 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/ northeast/southwest between green lighted Buoy #7 to 
the tip of the north jetty (46 deg.14'48" N. lat., 124 deg.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 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.
    b. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41 deg.38'48" N. lat. (approximately 6 nm (11.1 
km) north of the Klamath River mouth); on the west, by 124 deg.23'00" 
W. long. (approximately 12 nm (22.2 km) off shore); and, on the south, 
by 41 deg.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

[[Page 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 late-season, 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 deg.53.3' N. 
lat., 124 deg.07.01' W. long.) to Buoy #2 (46 deg.52.7' N. lat., 
124 deg.12.7' W. long.) to Buoy #3 (46 deg.55.0' N. lat., 124 deg.14.8' 
W. long.) to the Grays Harbor north jetty (46 deg.55.6' N. lat., 
124 deg.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.

[[Page 26144]]



                                                 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 
state-water 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-
salmon-except 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 all-salmon, 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 deg. 
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 deg.13'35" N. Lat., 124 deg.06'50" W. long.) and 
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 true 
from the south jetty at 46 deg.14'00" N. lat.,124 deg.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 deg.14'48" 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 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.
    b. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41 deg.38'48" N. lat. (approximately 6 nm (11.1 
km) north of the Klamath River mouth); on the west, by 124 deg.23'00" 
W. long. (approximately 12 nm (22.2 km) off shore); and, on the south, 
by 41 deg.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.


[[Page 26145]]



A. Season Descriptions

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Minimum size
                                                                                                            (inches)
       Tribe and area boundaries                 Open seasons                   Salmon species        --------------------  Special restrictions by area
                                                                                                        Chinook    Coho
--------------------------------------------------------------------------------------------------------------------------------------------------------
Makah--That portion of the Fishery      May 1 through earlier of June   All except coho..............        24  ........  Barbless hooks. No more than
 Management Area (FMA) north of 48       30 or chinook quota.           All..........................        24        16   8 fixed lines per boat or no
 deg.02'15" N. lat. (Norwegian          August 1 through earliest of                                                        more than 4 hand-held lines
 Memorial) and east of 125 deg.44'00"    September 15 or chinook or                                                         per person.
 W. long.                                coho quota.
                                          ............................
Quileute--That portion of the FMA       May 1 through earlier of June   All except coho..............        24  ........  Barbless hooks. No more than
 between 48 deg.07'36" N. lat. (Sand     30 or chinook quota.           All..........................        24        16   8 fixed lines per boat.
 Point) and 47 deg.31'42" N. lat.       August 1 through earliest of
 (Queets River) and east of 125          September 15 or chinook or
 deg.44'00" W. long.                     coho quota.
Hoh--That portion of the FMA between    May 1 through earlier of June   All except coho..............        24  ........  Barbless hooks. No more than
 47 deg.54'18" N. lat. (Quillayute       30 or chinook quota.           All..........................        24        16   8 fixed lines per boat.
 River) and 47 deg.21'00" N. lat.       August 1 through earliest of
 (Quinault River) and east of 125        September 15 or chinook or
 deg.44'00" W. long.                     coho quota.
Quinault--That portion of the FMA       May 1 through earlier of June   All except coho..............        24  ........  Barbless hooks. No more than
 between 47 deg.40'06" N. lat.           30 or chinook quota.           All..........................        24        16   8 fixed lines per boat.
 (Destruction Island) and 46            August 1 through earliest of
 deg.53'18" N. lat. (Point Chehalis)     September 15 or chinook or
 and east of 125 deg.44'00" W. long.     coho quota.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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 deg.31'42" N. lat.) and the Hoh River (47 deg.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 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. 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,

[[Page 26146]]

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 deg.23'00" N. lat.
Cape Alava...........................  48 deg.10'00" N. lat.
Queets River.........................  47 deg.31'42" N. lat.
Leadbetter Point.....................  46 deg.38'10" N. lat.
Cape Falcon..........................  45 deg.46'00" N. lat.
Humbug Mountain......................  42 deg.40'30" N. lat.
Sisters Rocks........................  42 deg.35'45" N. lat.
Mack Arch............................  42 deg.13'40" N. lat.
House Rock...........................  42 deg.06'32" N. lat.
Oregon-California Border.............  42 deg.00'00" N. lat.
Humboldt South Jetty.................  40 deg.45'53" N. lat.
Horse Mountain.......................  40 deg.05'00" N. lat.
Point Arena..........................  38 deg.57'30" N. lat.
Fort Ross............................  38 deg.31'00" N. lat.
Point Reyes..........................  37 deg.59'44" N. lat.
Point San Pedro......................  37 deg.35'40" N. lat.
Pigeon Point.........................  37 deg.11'00" N. lat.
Point Conception.....................  34 deg.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,

[[Page 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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