[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Rules and Regulations]
[Pages 24539-24550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2204]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No.070430095-7095-01; I.D. 042707D]
RIN 0648-AV56


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2007 Management Measures

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

ACTION: Final rule; annual management measures for the ocean salmon 
fishery; request for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2007 
ocean salmon fisheries off Washington, Oregon, and California and the 
2008 salmon seasons opening earlier than May 1, 2008. Specific fishery 
management measures vary by fishery and by area. The measures establish 
fishing areas, seasons, quotas, legal gear, recreational fishing days 
and catch limits, possession and landing restrictions, and minimum 
lengths for salmon taken in the U.S. exclusive economic zone (EEZ)(3-
200 nm) off Washington, Oregon, and California. The management measures 
are intended to prevent overfishing and to apportion the ocean harvest 
equitably among treaty Indian, non-treaty commercial, and recreational 
fisheries. The measures are also intended to allow a portion of the 
salmon runs to escape the ocean fisheries in order to provide for 
spawning escapement and to provide for inside fisheries (fisheries 
occurring in state internal waters).

DATES: Effective from 0001 hours Pacific Daylight Time, May 1, 2007, 
until the effective date of the 2008 management measures, as published 
in the Federal Register. Comments must be received by May 18, 2007.

ADDRESSES: Comments on the management measures may be sent to D. Robert 
Lohn, Regional Administrator, Northwest Region, NMFS, 7600 Sand Point 
Way N.E., Seattle, WA 98115-0070, fax: 206-526-6376; or to Rod McInnis, 
Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213, fax: 562-980-4018. 
Comments can also be submitted via e-mail at the 
<a href="/cdn-cgi/l/email-protection#51636161663e3234303f22303d3c3e3f233436227f3f2623113f3e30307f363e27"><span class="__cf_email__" data-cfemail="b684868681d9d5d3d7d8c5d7dadbd9d8c4d3d1c598d8c1c4f6d8d9d7d798d1d9c0">[email protected]</span></a> address, or through the internet at 
the Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments, and include docket number and/or 
RIN number in the subject line of the message.
    Copies of the supplemental Finding of No Significant Impact (FONSI) 
and its supporting Environmental Assessment and other documents cited 
in this document are available from Dr. Donald O. McIsaac, Executive 
Director, Pacific Fishery Management Council, 7700 NE Ambassador Place, 
Suite 200, Portland, OR 97220-1384, and are posted on its website 
(www.pcouncil.org).
    Send comments regarding the reporting burden estimate or any other 
aspect of the collection-of-information requirements in these 
management measures, including suggestions for reducing the burden, to 
one of the NMFS addresses listed above and to David Rostker, Office of 
Management and Budget (OMB), by email at <a href="/cdn-cgi/l/email-protection#733712051a172c211c0007181601331c1e115d161c035d141c05"><span class="__cf_email__" data-cfemail="420623342b261d102d3136292730022d2f206c272d326c252d34">[email protected]</span></a>, or 
by fax at (202)395-7285.

FOR FURTHER INFORMATION CONTACT: Sarah McAvinchey at 206-526-4323, or 
Eric Chavez at 562-980-4064.

SUPPLEMENTARY INFORMATION:

Background

    The ocean salmon fisheries in the EEZ off Washington, Oregon, and 
California are managed under a ``framework'' fishery management plan 
entitled the Pacific Coast Salmon Fishery Management Plan (Salmon FMP). 
Regulations at 50 CFR part 660, subpart H, provide the mechanism for 
making preseason and inseason adjustments to the management measures, 
within limits set by the Salmon FMP, by notification in the Federal 
Register.
    These management measures for the 2007 and pre-May 2008 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 2 to 6, 2007, meeting.

Schedule Used to Establish 2007 Management Measures

    The Council announced its annual preseason management process for 
the 2007 ocean salmon fisheries in the Federal Register on December 22, 
2006 (71 FR 76958) and on their website at (www.pcouncil.org). This 
notice announced the availability of Council documents as well as the 
dates and locations of Council meetings and public hearings comprising 
the Council's complete schedule of events for determining the annual 
proposed and final modifications to ocean salmon fishery management 
measures. The agendas for the March and April Council meetings were 
published in the Federal Register prior to the actual meetings.
    In accordance with the Salmon FMP, the Council's Salmon Technical 
Team (STT) and staff economist prepared a series of reports for the 
Council, its advisors, and the public. The first of the reports was 
prepared in February when the scientific information necessary for 
crafting management measures for the 2007 and pre-May 2008 ocean salmon 
fishery first became available. The first report, ``Review of 2006 
Ocean Salmon Fisheries'' (REVIEW), summarizes biological and socio-
economic data for the 2006 ocean salmon fisheries and assesses how well 
the Council's 2006 management objectives were met. The second report, 
``Preseason Report I Stock Abundance Analysis for 2007 Ocean Salmon 
Fisheries'' (PRE I), provides the 2007 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2006 regulations and regulatory procedures were 
applied to the projected 2007 stock abundances. The completion of PRE I 
is the initial step in evaluating the full suite of preseason options.
    The Council met in Sacramento, CA from March 5 to 9, 2007, to 
develop 2007 management options for proposal to the public. The Council 
proposed three options of commercial and recreational fisheries 
management for analysis and public comment. These options consisted of 
various combinations of management measures designed to protect weak 
stocks of coho and Chinook salmon and to provide for ocean harvests of 
more abundant stocks. After the March Council meeting, the Council's 
STT and staff economist prepared a third report, ``Preseason Report II 
Analysis of Proposed Regulatory Options for 2007 Ocean Salmon 
Fisheries,'' which analyzes the effects of the proposed 2007 management 
options. This report was made available to the Council, its advisors, 
and the public.
    Public hearings, sponsored by the Council, to receive testimony on 
the proposed options were held on March

[[Page 24540]]

26, 2007, in Westport, WA and Coos Bay, OR; and March 27, 2007, in 
Santa Rosa, CA. The States of Washington, Oregon, and California 
sponsored meetings in various forums that also collected public 
testimony, which was then presented to the Council by each state's 
Council representative. The Council also received public testimony at 
both the March and April meetings and received written comments at the 
Council office.
    The Council met from April 2 to 6, 2007, in Seatac, WA to adopt its 
final 2007 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 2007 
Ocean Salmon Fisheries,'' which analyzes the environmental and socio-
economic effects of the Council's final recommendations. This report 
was also 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 and also posted them on the Council website 
(www.pcouncil.org).

Resource Status

    Since 1989, NOAA Fisheries Service has listed under the Endangered 
Species Act (ESA) 27 evolutionarily significant units (ESUs) of 
salmonids on the west coast. As the listings have occurred, NOAA 
Fisheries Service has conducted formal ESA section 7 consultations and 
issued biological opinions (BOs), and made determinations under section 
4(d) of the ESA, that consider the impacts to listed salmonid species 
resulting from proposed implementation of the Salmon FMP, or in some 
cases, from proposed implementation of the annual management measures. 
Associated with the BOs are incidental take statements which specify 
the level of take that is expected. Some of the BOs have concluded that 
implementation of the Salmon FMP is not likely to jeopardize the 
continued existence of certain listed ESUs and provided incidental take 
statements. Other BOs have found the Salmon FMP is likely to jeopardize 
certain listed ESUs and have identified reasonable and prudent 
alternatives (consultation standards) that would avoid the likelihood 
of jeopardizing the continued existence of the ESU under consideration, 
and provided an incidental take statement for the reasonable and 
prudent alternative.
    Estimates of the 2006 spawning escapements for key stocks managed 
under the Salmon FMP and preseason estimates of 2007 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.
    At the start of the preseason planning process for the 2007 
management season, NOAA Fisheries Service provided a letter to the 
Council, dated March 1, 2007, summarizing its ESA consultation 
standards for listed species as required by the Salmon FMP. The 
Council's recommended management measures comply with NOAA Fisheries 
Service's ESA consultation standards and guidance for those listed 
salmon species which may be affected by Council fisheries. In some 
cases, the recommended measures result in impacts that are more 
restrictive than NOAA Fisheries Service's ESA requirements.
    NOAA Fisheries provided new guidance to the Council and a new 
biological opinion regarding the effects of the 2007 fisheries on Lower 
Columbia River (LCR) coho and LCR Chinook salmon. This will be the 
second year that NOAA Fisheries has consulted on LCR coho. Since the 
listing of LCR coho in August, 2005 the states of Oregon and Washington 
have been working with NOAA Fisheries to develop and evaluate a 
management plan for LCR coho that can be used as the basis for their 
long-term management. The states have focused on use of a harvest 
matrix similar to the one used for Oregon Coast coho. Under the matrix 
the harvest allowed in a given year depends on indicators of marine 
survival and brood year escapement. Generally speaking, NOAA Fisheries 
supports use of management planning tools that allow harvest rates to 
vary depending on the year-specific circumstances.
    In 2007, brood year and marine survival indicators were generally 
higher than they were in 2006. Given the circumstances the matrix would 
have allowed for a total exploitation rate of 29.2 percent. However, 
uncertainties related to selection of a particular long-term management 
strategy are such that it is still prudent to take a conservative 
approach to management until those questions can be resolved. Based on 
the above described circumstances, NOAA Fisheries' guidance to the 
Council was that ocean salmon fisheries, and fisheries in the mainstem 
Columbia River should be managed subject to a total exploitation rate 
limit on LCR coho of 20 percent. As a consequence of this guidance the 
Council proposed to limit Council area fisheries to an exploitation 
rate of 13.0 percent recognizing that this provided for additional 
fishing opportunity in the Columbia River. The resulting coho quota for 
the area north of Cape Falcon in 2007 is 178,000 compared to 117,500 in 
2006 and 195,000 in 2005.
    NOAA Fisheries reinitiated consultation on an earlier biological 
opinion related to the effects on LCR Chinook. Since 2002, Council 
fisheries have been managed subject to a total exploitation rate limit 
of 49 percent for the ``tule'' component of the listed ESU. NOAA 
Fisheries reviewed the prior consultation standard to follow up on 
recommendations included in the recently completed Interim Recovery 
Plan, and as a routine practice of periodic updating and review of key 
management criteria. In the guidance letter to the Council in 2006 NOAA 
Fisheries indicated that it would be undertaking this review. NOAA 
Fisheries Northwest Region worked closely with the Northwest Fisheries 
Science Center and Washington Department of Fish and Wildlife when 
conducting the review. The 49-percent standard was based on an analysis 
of the Coweeman River population that was used as an indicator stock. 
During its review NOAA Fisheries updated the analysis for the Coweeman, 
and developed similar analyses for two additional populations from the 
Grays and East Fork Lewis rivers. The analysis led to a reduction in 
the exploitation rate standard to 42 percent, which was conveyed to the 
Council in the 2007 guidance letter. Lower Columbia River Chinook were 
already a stock that tended to constrain fishing opportunity in Council 
and lower Columbia River fisheries. By reducing the standard to 42 
percent, fishing opportunity in the areas off the Washington and Oregon 
coast were further constrained. Fishing opportunity was further reduced 
in 2007 because the abundance of tule fall Chinook was generally lower 
compared to recent years. Based on the guidance provided, the Council 
proposed to limit Council fisheries to an exploitation rate of 20.3 
percent. Additional mortality will occur in Alaskan and Canadian 
fisheries (16.9 percent) which will still provide for some limited 
opportunity for fisheries in the Columbia River. The Chinook catch 
quota for the area north of Cape Falcon in 2007 is 67,500, compared to 
107,000 and 135,000 in 2006 and 2005.
    Snake River fall Chinook are listed under the ESA as a threatened 
species and sometimes are a key stock that constrains Council area 
fisheries. Direct information on the stock's ocean distribution and on 
fishery impacts is not available. The Lyons Ferry stock is widely 
distributed and harvested by ocean fisheries from southern California

[[Page 24541]]

to Alaska. NOAA Fisheries Service's ESA consultation standard requires 
that Council fisheries be managed to ensure that the Adult Equivalent 
(AEQ) exploitation rate on age 3 and age 4 adults for the combined 
Southeast Alaska, Canadian, and Council fisheries is not greater than 
70 percent of that observed during the 1988 1993 base period. The 
Council's 2007 recommended fisheries, combined with expected impacts in 
Southeast Alaska and Canada fisheries, have an estimated age 3/4 AEQ 
(adult equivalent) exploitation rate that is 68.5 percent of that 
observed during the 1988-1993 base period. Meeting the Snake River fall 
Chinook age 3/4 AEQ exploitation rate was not a primary constraint on 
fisheries north of Cape Falcon this year.
    NOAA Fisheries Service's guidance for Puget Sound Chinook stocks is 
expressed in terms of total or southern U.S. fishery exploitation rate 
ceilings, or terminal escapement objectives. Under the current 
management structure, Council fisheries are included as part of the 
suite of fisheries that comprise the fishing regime negotiated each 
year by the co-managers under U.S. v. Washington to meet management 
objectives for Puget Sound and Washington Coastal salmon stocks. 
Because these management objectives and the management planning 
structure address fisheries wherever they occur, Council and Puget 
Sound fisheries are interconnected. Therefore, in adopting its 
regulations, the Council recommends fisheries in the ocean that when 
combined with Puget Sound fisheries meet conservation objectives under 
Limit 6 of the Endangered Species Act (ESA) 4(d) Rule. NOAA Fisheries 
Service estimated that the exploitation rates from Council-managed 
fisheries on Puget Sound Chinook populations will range from zero to 
seven percent. Management actions taken to meet exploitation rate and 
escapement targets will, therefore, occur primarily in the Puget Sound 
fisheries, but the nature of the existing process is such that ocean 
fishery impacts must be accounted for as part of meeting comprehensive 
harvest management objectives.
    Fisheries affecting Puget Sound Chinook are managed subject to 
provisions of a Resource Management Plan (RMP) developed by the 
Washington Department of Fish and Wildlife and the Puget Sound Treaty 
tribes. The RMP management approach consists of a two-tiered harvest 
regime (normal and minimum), depending on stock status. The harvest 
objectives in the RMP are a mixture of total and southern U.S. 
exploitation rates (termed in the RMP Rebuilding Exploitation Rates or 
RERs) and escapement goals. When a particular management unit is (1) 
not expected to meet its low abundance threshold, or (2) if the total 
exploitation rate is projected to exceed its RER under a proposed set 
of fisheries, the co-managers will constrain their fisheries such that 
either the RER is not exceeded, or the Critical Exploitation Rate 
Ceiling (CERC), is not exceeded. The Council's proposed fisheries, in 
addition to anticipated inside fisheries, are consistent with the 
consultation standards for all of the Puget Sound indicator stocks.
    ESA consultations for California Coastal Chinook (CCC) often 
constrain fisheries off Oregon and California. Klamath River Fall 
Chinook (KRFC) are used as an indicator stock for limiting harvest 
impacts to CCC. NOAA Fisheries guidance related to CCC requires that 
the Pacific ocean salmon fisheries be managed to a pre-season projected 
KRFC age 4 harvest rate of 16 percent or less. In 2006 the abundance of 
KRFC was very low and constrained fisheries even beyond those related 
to CCC. In 2007, the abundance of KRFC is much improved so that this 
age-4 ocean harvest rate of 16 percent is again limiting. The Council's 
proposed fisheries satisfy the 16-percent harvest rate constraint for 
CCC.
    Southern resident killer whales were listed as endangered effective 
February 16, 2006. NOAA Fisheries consulted on the effects of the 2006 
fisheries on killer whales and concluded that the fisheries were not 
likely to jeopardize the continued existence of the species. NOAA 
Fisheries is again consulting regarding the effects on the 2007 
fisheries on killer whales through a separate biological opinion. NOAA 
Fisheries expects to complete the consultation prior to May 1, 2007. 
NOAA Fisheries has determined that the anticipated fisheries will not 
make any irreversible or irretrievable commitment of resources with 
respect to the agency action which has the effect of foreclosing the 
formulation or implementation of any reasonable and prudent alternative 
measures. In the event that the review suggests that further 
constraints in the 2007 fisheries are necessary, appropriate 
corrections can be made by NOAA Fisheries through inseason action.

Management Measures for 2007 Fisheries

    The Council-recommended ocean harvest levels and management 
measures for 2007 fisheries are designed to apportion the burden of 
protecting the weak stocks identified and discussed in PRE I equitably 
among ocean fisheries and to allow maximum harvest of natural and 
hatchery runs surplus to inside fishery and spawning needs. NMFS finds 
the Council's recommendations responsive to the goals of the Salmon 
FMP, the requirements of the resource, and the socio-economic factors 
affecting resource users. The recommendations are consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act and U.S. obligations to Indian tribes with federally 
recognized fishing rights, and U.S. international obligations regarding 
Pacific salmon. Accordingly, NMFS has adopted them.
    North of Cape Falcon the 2007 management measures have a 
substantially lower Chinook quota and a higher coho quota relative to 
the 2006 season. The total allowable catch for 2007 is 32,500 Chinook 
and 140,000 marked hatchery coho; these fisheries are restricted to 
protect depressed Lower Columbia River wild coho, Washington coastal 
coho, Puget Sound coho, Oregon Coastal Natural (OCN) coho, Interior 
Fraser River coho, Puget Sound Chinook, and Snake River fall Chinook. 
Washington coastal and Puget Sound Chinook generally migrate to the far 
north and are not greatly affected by ocean harvests from Cape Falcon, 
OR, to the U.S.-Canada border. Nevertheless, ocean fisheries in 
combination with fisheries inside Puget Sound were restricted in order 
to meet ESA related conservation objectives for Puget Sound Chinook. 
North of Cape Alava, WA, the Council recommends a provision prohibiting 
retention of chum salmon during August and September to protect ESA 
listed Hood Canal summer chum. The Council has recommended such a 
prohibition for the last six years.
    South of Cape Falcon, OR, the retention of coho is prohibited, 
except for a recreational selective fishery off Oregon with a 50,000-
fish quota of marked hatchery coho. This is the fourth year the 
selective fishery includes the southern coastal area of Oregon. The 
Council's recommendations are below the 20-percent exploitation rate 
permitted under Amendment 13 to protect OCN coho stocks, with an 
expected 11.3-percent OCN coho exploitation rate. The expected ocean 
exploitation rate for Rogue/Klamath coho is 5.8 percent, and is also 
below its exploitation rate limit of 13.0 percent. Chinook fisheries 
off Oregon and California are constrained to meet the conservation 
objective of California Coastal Chinook and the ESA consultation 
standards for Sacramento River winter Chinook.

[[Page 24542]]

Treaty Indian Fisheries for 2007

    The treaty-Indian commercial troll fishery quota is 35,000 Chinook 
in ocean management areas and Washington State Statistical Area 4B 
combined. This quota is slightly higher than the 22,700-Chinook quota 
in 2006. The fisheries include a Chinook-directed fishery in May and 
June (under a quota of 21,500 Chinook) and an all-salmon season 
beginning July 1 with a 13,500 Chinook sub-quota. The coho quota for 
the treaty-Indian troll fishery in ocean management areas, including 
Washington State Statistical Area 4B for the July-September period is 
38,000 coho, a slight increase from the 37,500-coho quota in 2006.

Management Measures for 2008 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 2008 fishing seasons 
opening earlier than May 1 are also established in this action. The 
Council recommended, and NMFS concurs, that the recreational seasons 
off California from Horse Mountain to the U.S.-Mexico Border and off 
Oregon from Cape Falcon to Humbug Mountain, and the commercial troll 
seasons off California from Horse Mountain to Point Arena and off 
Oregon from Cape Falcon to the Oregon-California Border and will open 
in 2008 as indicated in the Season Description section. At the March 
2008 meeting, the Council may consider inseason recommendations to 
adjust the commercial season prior to May 1 in the areas off Oregon and 
California.

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 2007 management measures. Inseason closures in the commercial and 
recreational fisheries are announced on the NMFS hotline and through 
the U.S. Coast Guard Notice to Mariners as described in Section 6. 
Other inseason adjustments to management measures are also announced on 
the hotline and through the Notice to Mariners. Inseason actions will 
also be published the Federal Register as soon as practicable.
    The following are the management measures recommended by the 
Council and approved and implemented here for 2007 and, as specified, 
for 2008.

Section 1. Commercial Management Measures for 2007 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C that 
must be followed for lawful participation in the fishery. Each fishing 
area identified in part A specifies the fishing area by geographic 
boundaries from north to south, the open seasons for the area, the 
salmon species allowed to be caught during the seasons, and any other 
special restrictions effective in the area. Part B specifies minimum 
size limits. Part C specifies special requirements, definitions, 
restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR
U.S./Canada Border to Cape Falcon
    May 1 through earlier of June 30 or 10,850 Chinook quota.Open May 
1-2 and 5-8 with a landing and possession limit of 60 Chinook per 
vessel for each open period north of Leadbetter Point and 40 Chinook 
south of Leadbetter Point; beginning May 12, open Saturday through 
Tuesday with a landing and possession limit of 60 Chinook per vessel 
for each four-day open period north of Leadbetter Point and 30 Chinook 
south of Leadbetter Point. All salmon except coho (C.7). Cape Flattery, 
Mandatory Yelloweye Rockfish Conservation Area, and Columbia Control 
Zones closed (C.5). See gear restrictions and definitions (C.2, C.3). 
Oregon State regulations require that fishers south of Cape Falcon, OR 
intending to fish within this area notify Oregon Department of Fish and 
Wildlife before transiting the Cape Falcon, OR line (45[deg]46'00'' N. 
lat.) at the following number: 541-867-0300 Ext. 271. Vessels must land 
and deliver their fish within 24 hours of any closure of this fishery. 
Under state law, vessels must report their catch on a state fish 
receiving ticket. Vessels fishing north of Leadbetter Point must land 
and deliver their fish within the area and north of Leadbetter Point. 
Vessels fishing south of Leadbetter Point must land and deliver their 
fish within the area and south of Leadbetter Point, except that Oregon 
permitted vessels may also land their fish in Garibaldi, Oregon. Oregon 
State regulations require all fishers landing salmon into Oregon from 
any fishery between Leadbetter Point, Washington and Cape Falcon, 
Oregon must notify ODFW within one hour of delivery or prior to 
transport away from the port of landing by calling 541-867-0300 Ext. 
271. Notification shall include vessel name and number, number of 
salmon by species, port of landing and location of delivery, and 
estimated time of delivery. Inseason actions may modify harvest 
guidelines in later fisheries to achieve or prevent exceeding the 
overall allowable troll harvest impacts (C.8).
    July 1 through earlier of September 16 or 5,400 preseason Chinook 
guideline (C.8) or a 22,400 marked coho quota (C.8.d).Open Saturday 
through Tuesday. Landing and possession limit of 40 Chinook per vessel 
per open period north of Leadbetter Point and 20 Chinook south of 
Leadbetter Point (C.2, C.3). All Salmon except no chum retention north 
of Cape Alava, Washington in August and September. If sufficient coho 
quota remains after the Chinook quota is projected to be reached, the 
area south of Leadbetter Point will remain open to all salmon except 
Chinook, provided adequate Chinook quota remains to account for non-
retention mortality (C.7). All coho must have a healed adipose fin 
clip, except an inseason conference call may occur to consider allowing 
retention of all legal sized coho, in the area between Leadbetter Point 
and Cape Falcon, no earlier than September 1 (C.8.d). Cape Flattery, 
Mandatory Yelloweye Rockfish Conservation Area, and Columbia Control 
Zones closed (C.5). Oregon State regulations require that fishers south 
of Cape Falcon, OR intending to fish within this area notify Oregon 
Department of Fish and Wildlife before transiting the Cape Falcon, OR 
line (45[deg]46'00'' N. lat.) at the following number: 541-867-0300 
Ext. 271. Vessels must land and deliver their fish within 24 hours of 
any closure of this fishery. Under state law, vessels must report their 
catch on a state fish receiving ticket. Vessels fishing north of 
Leadbetter Point must land and deliver their fish within the area and 
north of Leadbetter Point. Vessels fishing south of Leadbetter Point 
must land and deliver their fish within the area and south of 
Leadbetter Point, except that Oregon permitted vessels may also land 
their fish in Garibaldi, OR. Oregon State regulations require all 
fishers landing salmon into Oregon from any fishery between Leadbetter 
Point, Washington and Cape Falcon, Oregon must notify ODFW within one 
hour of delivery or prior to transport away from the port of landing by 
calling 541-867-0300 Ext. 271. Notification shall include vessel name 
and number, number of salmon by species, port of landing and location 
of delivery, and estimated time of delivery. Inseason actions may 
modify harvest guidelines in later fisheries to achieve or prevent 
exceeding the overall allowable troll harvest impacts (C.8).
South of Cape Falcon

[[Page 24543]]

Cape Falcon to Florence South Jetty, OR (Newport/Tillamook)
    Except as provided below during the non-selective coho fishery, the 
season will be open April 10-29; May 1 through June 30; July 11-30; 
August 4-28; September 10-13; and October 1-31. There will be a landing 
and possession limit of 100 Chinook per vessel per calendar week in 
April; 150 Chinook per vessel per calendar week in September; and 75 
Chinook per vessel per calendar week in October (C.9). All salmon 
except coho (C.7). Chinook 28 inch (71.12 cm) total length minimum size 
(B). All vessels fishing in the area must land their fish in the State 
of Oregon. See gear restrictions and definitions (C.2, C.3) and Oregon 
State regulations for a description of special regulations at the mouth 
of Tillamook Bay.
    Non-selective coho fishery: August 15 through the earlier of 
September 13 or a 10,000 non-mark-selective coho quota. The non-
selective coho quota of 10,000 includes the entire area from Cape 
Falcon to Humbug Mt. Open August 15-28; Sept. 10-13. All salmon; no 
coho mark restriction; landing and possession limit of 50 coho per 
vessel per calendar week in August and September; landing and 
possession limit of 150 Chinook per vessel per calendar week in 
September (C.7). The all salmon except coho season reopens the earlier 
of October 1 or attainment of the coho quota, subject to the open dates 
listed above. Chinook 28 inch (71.12) total length minimum size (B). 
All vessels fishing in the area must land their fish in the State of 
Oregon. See gear restrictions and definitions (C.2, C.3) and Oregon 
State regulations for a description of special regulations at the mouth 
of Tillamook Bay.
    In 2008, the season will open March 15 for all salmon except coho. 
This opening could be modified following Council review at its March 
2008 meeting.
Florence South Jetty to Humbug Mountain, OR (Coos Bay)
    Same as Cape Falcon to Florence South Jetty, above, except: The 
Bandon High Spot Control Zone, defined as the area west of a line 
between 43[deg]07'00'' N. lat.; 124[deg]37'00'' W. long. and 
42[deg]40'30'' N. lat; 124[deg]52'0'' W. long. (area approximately 
outside 6 nm from the Bandon south jetty to Humbug Mt.) will be closed 
in September and October (C.5.d). If Chinook catch in the area from 
Florence South Jetty to Humbug Mountain, OR is projected to reach 
15,000 in August, inseason action will be taken to close the Bandon 
High Spot Control Zone through August 31 (C.5.d).
Humbug Mountain to Oregon-California Border (Oregon KMZ)
    April 10-29; May 1-31. June 1 through earlier of June 30, or a 
1,600-Chinook quota. July 11 through earlier of July 31, or a 1,600-
Chinook quota. Aug. 1 through earlier of Aug. 29, or a 1,800-Chinook 
quota. Sept. 6 through earlier of Sept. 30, or a 1,000-Chinook quota 
(C.9). All salmon except coho. Chinook 28 inch (71.12 cm) total length 
minimum size limit (B). Landing and possession limit of 100 Chinook per 
vessel per calendar week in April; 30 Chinook per vessel per day and 90 
Chinook per vessel per calendar week during June, July, August, and 
September. See gear restrictions and definitions (C.2, C.3). Prior to 
June 1, all vessels fishing in the area must land their fish in the 
State of Oregon. June 1 through September 30, vessels must land their 
fish in Gold Beach, Port Orford, or Brookings, Oregon, and within 24 
hours of closure. State regulations require fishers intending to 
transport and deliver their catch to other locations after first 
landing in one of these ports to notify ODFW prior to transport away 
from the port of landing by calling 541-867-0300 Ext. 271, with vessel 
name and number, number of salmon by species, location of delivery, and 
estimated time of delivery.
    In 2008, the season will open March 15 for all salmon except coho, 
with a 28-inch (71.12 cm) Chinook minimum size limit. This opening 
could be modified following Council review at its March 2008 meeting.
Oregon-California Border to Humboldt South Jetty, CA (California KMZ)
    September 10 through earlier of September 30, or 6,000 Chinook 
quota. All salmon except coho. Chinook minimum size limit of 28 inches 
(71.12 cm) total length. Landing and possession limit of 30 fish per 
vessel per day. All fish caught in this area must be landed within the 
area. See compliance requirements (C.1) and gear restrictions and 
definitions (C.2, C.3). Klamath Control Zone closed (C.5.e). See 
California State regulations for additional closures adjacent to the 
Smith and Klamath rivers. When the fishery is closed between the OR/CA 
border and Humbug Mt. and open to the south, vessels with fish on board 
caught in the open area off California may seek temporary mooring in 
Brookings, Oregon prior to landing in California only if such vessels 
first notify the Chetco River Coast Guard Station via VHF channel 22A 
between the hours of 0500 and 2200 and provide the vessel name, number 
of fish on board, and estimated time of arrival.
Humboldt South Jetty to Horse Mountain, CA
    Closed (C.9).
Horse Mountain to Point Arena, CA (Fort Bragg)
    April 9 through the earlier of April 27 or a Chinook quota of 
2,000; open Monday to Friday. August 1-29; September 1-30 (C.9). All 
salmon except coho. Chinook minimum size limit of 27 inches (68.58 cm) 
total length in April and September; 28 inches (71.12 cm) total length 
in August (B). Landing and possession limit of 20 fish per vessel per 
day in April. All fish caught in the area must be landed within the 
area in April; all fish must be offloaded within 24 hours of any 
closure (C1). See gear restrictions and definitions (C.2, C.3).
    In 2008, the season will open April 7-25, Monday to Friday for all 
salmon except coho, with a 27-inch (68.58 cm) total length Chinook 
minimum size limit. This opening could be modified following Council 
review at its March 2008 meeting.
Point Arena to Pigeon Point, CA (San Francisco)
    May 9-31; July 1 through August 29; September 1-30. (C.9). All 
salmon except coho. Chinook minimum size limit of 27 inches (68.58 cm) 
total length in May and September; 28 inches (71.12 cm) total length in 
July and August (B). All fish must be offloaded within 24 hours of the 
August 29 closure (C.1). See gear restrictions and definitions (C.2, 
C.3).
Point Reyes to Point San Pedro, CA (Fall Area Target Zone)
    October 1-5; 8-12. Open Monday through Friday. All salmon except 
coho (C.1). Chinook minimum size limit of 27 inches (68.58 cm) total 
length (B). See gear restrictions and definitions (C.2, C.3).
Pigeon Point to Point Sur, CA (Monterey)
    May 1-31; July 1 through August 29; September 1-30. (C.9). All 
salmon except coho. Chinook minimum size limit of 27 inches (68.58 cm) 
total length in May and September; 28 inches (71.12 cm) total length in 
July and August (B). All fish must be offloaded within 24 hours of the 
August 29 closure (C.1). See gear restrictions and definitions (C.2, 
C.3).
Point Sur to U.S.-Mexico Border
    May 1 through September 30. All salmon except coho. Chinook minimum 
size limit of 27 inches (68.58 cm) total length in May, June, and 
September; 28 inches (71.12 cm) total length in July and August. See 
gear restrictions and definitions (C.2, C.3).

B. Minimum Size (Inches) (See C.1)

[[Page 24544]]



----------------------------------------------------------------------------------------------------------------
                                             Chinook                                   Coho
----------------------------------------------------------------------------------------------------------------
  Area (when open) and Fishery     Total Length      Head-off      Total Length      Head-off          Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR         28.0             21.5            16.0            12.0            None
Cape Falcon to OR-CA Border      28.0             21.5            16.0            12.0            ..............
OR-CA Border to Horse Mountain,  28.0             21.5            -               -               None
 CA
Horse Mountain to Point Arena,   27.0             20.5            -               -               None
 CA
Pt. Arena to US-Mexico Border
  Prior to July 1 and after      27.0             20.5            -               -               None
   August 31
  July 1 - August 31             28.0             21.5            -               -               None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 19.5 in=49.5 cm,
  16.0in=40.6 cm, and 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, landing/possession 
limit, or other special requirements for the area being fished and the 
area in which they are landed if the area is open. Salmon may be landed 
in an area that has been closed more than 96 hours only if they meet 
the minimum size, landing/possession limit, or other special 
requirements for the area in which they were caught. Salmon may be 
landed in an area that has been closed less than 96 hours only if they 
meet the minimum size, landing/possession limit, or other special 
requirements for the areas in which they were caught and landed.
    States may require fish landing/receiving tickets be kept on board 
the vessel for 90 days after landing to account for all previous salmon 
landings.
    C.2.Gear Restrictions: Salmon may be taken only by hook and line 
using barbless hooks.
    a. Single point, single shank, barbless hooks are required in all 
fisheries.
    b. Cape Falcon, Oregon, to the OR/CA border: No more than 4 spreads 
are allowed per line.
    c. OR/CA border to U.S./Mexico border: No more than 6 lines are 
allowed per vessel, and barbless circle hooks are required when fishing 
with bait by any means other than trolling.
    C.3.Gear Definitions:
    Trolling defined: Fishing from a boat or floating device that is 
making way by means of a source of power, other than drifting by means 
of the prevailing water current or weather conditions.
    Troll fishing gear defined: One or more lines that drag hooks 
behind a moving fishing vessel. In that portion of the fishery 
management area (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.
    Spread defined: A single leader connected to an individual lure or 
bait.
    Circle hook defined: A hook with a generally circular shape and a 
point which turns inward, pointing directly to the shank at a 
90[deg]angle.
    C.4.Transit Through Closed Areas with Salmon on Board: It is 
unlawful for a vessel to have troll or recreational gear in the water 
while transiting any area closed to fishing for a certain species of 
salmon, while possessing that species of salmon; however, fishing for 
species other than salmon is not prohibited if the area is open for 
such species, and no salmon are in possession.
    C.5.Control Zone Definitions:
    a. Cape Flattery Control Zone: The area from Cape Flattery 
(48[deg]23'00'' N. lat.) to the northern boundary of the U.S. EEZ; and 
the area from Cape Flattery south to Cape Alava (48[deg]10'00'' N. 
lat.) and east of 125[deg]05'00'' W. long.
    b. Mandatory Yelloweye Rockfish Conservation Area: The area in 
Washington Marine Catch Area 3 from 48[deg]00.00' N. lat.; 
125[deg]14.00' W. long. to 48[deg]02.00' N. lat.; 125[deg]14.00' W. 
long. to 48[deg]02.00' N. lat.; 125[deg]16.50' W. long. to 
48[deg]00.00' N. lat.; 125[deg]16.50' W. long. and connecting back to 
48[deg]00.00' N. lat.; 125[deg]14.00' W. long.
    c. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy <greek-i>4 (46[deg](degree symbols)13'35'' N. lat., 
124<greek-i>06'50'' W. long.) and the green lighted Buoy <greek-i>7 
(46[deg]15'09' N. lat., 124[deg]06'16'' W. long.); on the east, by the 
Buoy <greek-i>10 line which bears north/south at 357[deg] true from the 
south jetty at 46[deg]14'00'' N. lat.,124[deg]03'07'' W. long. to its 
intersection with the north jetty; on the north, by a line running 
northeast/southwest between the green lighted Buoy <greek-i>7 to the 
tip of the north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. 
long.), and then along the north jetty to the point of intersection 
with the Buoy <greek-i>10 line; and, on the south, by a line running 
northeast/southwest between the red lighted Buoy <greek-i>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 
<greek-i>10 line.
    d. Bandon High Spot Control Zone: The area west of a line between 
43[deg]07'00'' N. lat.; 124[deg]37'00'' W. long. and 42[deg]40'30'' N. 
lat; 124[deg]52'0'' W. long. extending to the western edge of the 
exclusive economic zone (EEZ).
    e. Klamath Control Zone: The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N. lat. (approximately six 
nautical miles north of the Klamath River mouth); on the west, by 
124[deg]23'00'' W. long. (approximately 12 nautical miles off shore); 
and on the south, by 41[deg]26'48'' N. lat. (approximately six nautical 
miles south of the Klamath River mouth).
    C.6. Notification When Unsafe Conditions Prevent Compliance with 
Regulations: If prevented by unsafe weather conditions or mechanical 
problems from meeting special management area landing restrictions, 
vessels must notify the 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.
    C.7. Incidental Halibut Harvest: During authorized periods, the 
operator of a vessel that has been issued an incidental halibut harvest 
license may retain Pacific halibut caught incidentally in Area 2A while 
trolling for salmon. Halibut retained must be no less than 32 inches 
(81.28 cm) in total length, measured from the tip of the lower jaw with 
the mouth closed to the extreme end of the middle of the tail, and must 
be landed with the head on. 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 June 30 if quota remains and if announced on the NMFS

[[Page 24545]]

hotline (phone: 800-662-9825). ODFW and Washington Department of Fish 
and Wildlife (WDFW) will monitor landings. If the landings are 
projected to exceed the 40,227-lb (18,246.66 Kg) preseason allocation 
or the total Area 2A non-Indian commercial halibut allocation, NMFS 
will take inseason action to close the incidental halibut fishery.
    Beginning May 1, license holders may land no more than one Pacific 
halibut per each three Chinook, except one Pacific halibut may be 
landed without meeting the ratio requirement, and no more than 35 
halibut may be landed per trip. Pacific halibut retained must be no 
less than 32 inches (81.28 cm) in total length (with head on).
    A ``C-shaped'' yelloweye rockfish conservation area is an area to 
be voluntarily avoided for salmon trolling. NMFS and the Council 
request salmon trollers voluntarily avoid this area in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (Washington marine area 
3), with the following coordinates in the order listed:
    48[deg]18' N. lat.; 125[deg]18' W. long.;
    48[deg]18' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 124[deg]59' W. long.;
    48[deg]11' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 125[deg]11' W. long.;
    48[deg]04' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 124[deg]59' W. long.;
    48[deg]00' N. lat.; 125[deg]18' W. long.;
    and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.
    C.8.Inseason Management: In addition to standard inseason actions 
or modifications already noted under the season description, the 
following inseason guidance is provided to NMFS:
    a. Chinook remaining from the May through June non-Indian 
commercial troll harvest guideline north of Cape Falcon may be 
transferred to the July through September harvest guideline on a 
fishery impact equivalent basis.
    b. NOAA Fisheries may transfer Chinook and coho between the 
recreational and commercial fisheries north of Cape Falcon on an impact 
neutral basis if there is agreement among the areas' representatives on 
the SAS.
    c. At the March 2008 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2007).
    d. If retention of unmarked coho is permitted in the area from the 
U.S./Canada border to Cape Falcon, Oregon, by inseason action, the 
allowable coho quota will be adjusted to ensure preseason projected 
mortality of critical stocks is not exceeded.
    C.9. Consistent with Council management objectives:
    a. The State of Oregon may establish additional late-season 
fisheries in state waters.
    b. The State of California may establish limited fisheries in 
selected state waters. Check state regulations for details.
    C.10. For the purposes of California Department of Fish and Game 
(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 2007 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C that 
must be followed for lawful participation in the fishery. Each fishing 
area identified in part A specifies the fishing area by geographic 
boundaries from north to south, the open seasons for the area, the 
salmon species allowed to be caught during the seasons, and any other 
special restrictions effective in the area. Part B specifies minimum 
size limits. Part C specifies special requirements, definitions, 
restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR (remove underline here)
U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea)
    July 3 through earlier of September 15 or 12,230 marked coho 
subarea quota with a subarea guideline of 1,725 Chinook. Tuesday 
through Saturday. All salmon, except no chum retention August 1 through 
Sept. 15; two fish per day, no more than one of which may be a Chinook, 
plus one additional pink salmon beginning August 1. Chinook 24-inch 
(60.96 cm) total length minimum size limit (B). All retained coho must 
be marked. See gear restrictions (C.2). Beginning August 1, Chinook 
non-retention east of the Bonilla-Tatoosh line (C.4.a) during Council 
managed ocean fishery. Inseason management may be used to sustain 
season length and keep harvest within the overall Chinook recreational 
TAC for north of Cape Falcon (C.5).
Cape Alava to Queets River, WA (La Push Subarea)
    July 3 through earlier of September 15 or 2,960 marked coho subarea 
quota with a subarea guideline of 725 Chinook (C.5). September 22 
through October 7 or 100 marked coho quota or 100 Chinook quota (C.5), 
in the area north of 47[deg]50'00 N. lat. and south of 48[deg]00'00'' 
N. lat. (C.6). Tuesday through Saturday through September 15; seven 
days per week beginning September 22. All salmon, two fish per day, no 
more than one of which may be a Chinook, plus one additional pink 
salmon beginning August 1. Chinook 24-inch (60.96 cm) total length 
minimum size limit (B). All retained coho must be marked. See gear 
restrictions (C.2). Inseason management may be used to sustain season 
length and keep harvest within the overall Chinook recreational TAC for 
north of Cape Falcon (C.5).
Queets River to Leadbetter Point, WA (Westport Subarea)
    July 1 through earlier of September 16 or 43,510 marked coho 
subarea quota with a subarea guideline of 9,400 Chinook (C.6).Sunday 
through Thursday. All salmon, two fish per day, no more than one of 
which may be a Chinook. Chinook 24-inch (60.96 cm) total length minimum 
size limit (B). All retained coho must be marked. See gear restrictions 
and definitions (C.2, C.3). Grays Harbor Control Zone closed beginning 
August 1 (C.4.b). Inseason management may be used to sustain season 
length and keep harvest within the overall Chinook recreational TAC for 
north of Cape Falcon (C.5).
Leadbetter Point to Cape Falcon, OR (Columbia River Subarea)
    July 1 through earlier of September 30 or 58,800 marked coho 
subarea quota with a subarea guideline of 4,300 Chinook (C.6).Seven 
days per week. All salmon, two fish per day, no more than one of which 
may be a Chinook. Chinook 24-inch (60.96 cm) total length minimum size 
limit (B). All retained coho must be marked. See gear restrictions and 
definitions (C.2, C.3). Columbia Control Zone closed (C.4.c). Inseason 
management may be used to sustain season length and keep harvest within 
the overall Chinook recreational TAC for north of Cape Falcon (C.5).
South of Cape Falcon, OR
Cape Falcon to Humbug Mountain, OR
    Except as provided below during the selective fishery, the season 
will be March 15 through October 31 (C.6). All salmon except coho; two 
fish per day (C.1). See gear restrictions and definitions (C.2, C.3).
    Mark selective fishery: Cape Falcon to OR/CA Border: June 23 
through earlier of September 16 or a landed catch of 50,000 marked 
coho, except that the area south of Humbug Mt. will close Sept. 4, 
concurrent with the KMZ season listed below. The all salmon except coho 
seasons reopen the earlier of September 17 or attainment of the coho 
quota. Open seven days per week, all salmon, except coho, two fish per 
day (C.1). All retained coho must be marked with a healed adipose fin 
clip.

[[Page 24546]]

Chinook minimum size limit of 24 inches (60.96 cm) total length. 
Fishing in the Stonewall Bank groundfish conservation area restricted 
to trolling only on days the all depth recreational halibut fishery is 
open (see 70 FR 20304, and call the halibut fishing hotline 1-800-662-
9825 for additional dates) (C.3, C.4.d). Open days may be adjusted 
inseason to utilize the available quota (C.5). All salmon except coho 
seasons reopen the day following the closure of the mark selective coho 
fishery.
    In 2008, the season will open March 15 for all salmon except coho, 
two fish per day (C.1). Chinook minimum size limit of 24 inches (60.96 
cm) total length (B); and the same gear restrictions as in 2007 (C.2, 
C.3).
Humbug Mountain to Oregon-California Border, CA (Oregon KMZ)
    Except as provided above during the selective fishery, the season 
will be May 5 through September 4 (C.6). All salmon except coho, except 
as noted above in the coho mark selective fishery. Chinook minimum size 
limit of 24 inches (60.96 cm) total length (B). Seven days per week, 
two fish per day (C.1). See gear restrictions and definitions (C.2, 
C.3).
Oregon-California Border to Horse Mountain, CA(California KMZ)
    May 5 through September 4 (C.6). All salmon except coho. Chinook 
minimum size limit of 24 inches (60.96 cm) total length (B). Seven days 
per week, two fish per day (C.1). See gear restrictions and definitions 
(C.2, C.3). Klamath Control Zone closed in August (C.4.e). See 
California State regulations for additional closures adjacent to the 
Smith, Klamath, and Eel rivers.
Horse Mountain to Point Arena, CA (Fort Bragg)
    February 17 through November 11. All salmon except coho. Two fish 
per day (C.1). Chinook minimum size limit of 20 inches (50.8 cm) total 
length (B). See gear restrictions and definitions (C.2, C.3).
    In 2008, season opens February 16 (nearest Saturday to February 15) 
for all salmon except coho, two fish per day (C.1). Chinook minimum 
size limit of 20 inches (50.8 cm) total length (B); and the same gear 
restrictions as in 2007 (C.2, C.3).
Point Arena to Pigeon Point, CA (San Francisco)
    April 7 through November 11. All salmon except coho. Two fish per 
day (C.1). Chinook minimum size limit of 20 inches (50.8 cm) total 
length (B). See gear restrictions and definitions (C.2, C.3).
    In 2008, the season will open April 5 for all salmon except coho, 
two fish per day (C.1). Chinook minimum size limit of 20 inches (50.8 
cm) total length (B); and the same gear restrictions as in 2007 (C.2, 
C.3).
Pigeon Point to U.S.-Mexico Border (Monterey South)
    April 7 through October 7. All salmon except coho. Two fish per day 
(C.1). Chinook minimum size limit of 20 inches (50.8 cm) total length 
(B). See gear restrictions and definitions (C.2, C.3).
    In 2008, the season will open April 5 for all salmon except coho, 
two fish per day (C.1). Chinook minimum size limit of 20 inches (50.8 
cm) total length (B); and the same gear restrictions as in 2007 (C.2, 
C.3).

B. Minimum Size (Total Length in Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
                       Area (when open)                            Chinook            Coho             Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.....................................            24.0             16.0             None
Cape Falcon to OR-CA Border..................................            20.0             16.0             None
OR-CA Border to Horse Mountain...............................            24.0   ...............            20.0
Horse Mt. to U.S.-Mexico Border..............................            20.0   ...............            20.0
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 26.0 in=66.0 cm, 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 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.
    Ocean Boat Limits: Off the coast of Washington, Oregon, and 
California, each fisher aboard a vessel may continue to use angling 
gear until the combined daily limits of salmon for all licensed and 
juvenile anglers aboard has been attained (additional state 
restrictions may apply).
    C.2. Gear Restrictions: Salmon may be taken only by hook and line 
using barbless hooks. All persons fishing for salmon, and all persons 
fishing from a boat with salmon on board, must meet the gear 
restrictions listed below for specific areas or seasons.
    a. U.S./Canada Border to Point Conception, California: No more than 
one rod may be used per angler; and no more than two single point, 
single shank barbless hooks are required for all fishing gear. [Note: 
ODFW regulations in the state-water fishery off Tillamook Bay may allow 
the use of barbed hooks to be consistent with inside regulations.]
    b. Cape Falcon, Oregon, to Point Conception, California: Anglers 
must use no more than two single point, single shank, barbless hooks.
    c. Horse Mt., California, to Point Conception, California: Single 
point, single shank, barbless circle hooks (below) are required when 
fishing with bait by any means other than trolling, and no more than 
two such hooks shall be used. When angling with two hooks, the distance 
between the hooks must not exceed 5 inches (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.
    C.3. Gear Definitions:
    a. Recreational fishing gear defined: Angling tackle consisting of 
a line with no more than one artificial lure or natural bait attached. 
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. Off California, the line 
must be attached to a rod and reel held by hand or closely attended. 
Weights directly attached to a line may not exceed four pounds (1.8 
kg). While fishing off California north of Point Conception, no person 
fishing for salmon, and no person fishing from a boat with salmon on 
board, may use more than one rod and line. Fishing includes any 
activity which can reasonably be expected to result in the catching, 
taking, or harvesting of fish.
    b. Trolling defined: Angling from a boat or floating device that is 
making way by means of a source of power, other than drifting by means 
of the

[[Page 24547]]

prevailing water current or weather conditions.
    c. Circle hook defined: A hook with a generally circular shape and 
a point which turns inward, pointing directly to the shank at a 90 
angle.
    C.4. Control Zone Definitions:
    a. The Bonilla-Tatoosh Line: A line running from the western end of 
Cape Flattery to Tatoosh Island Lighthouse (48[deg]23'30'' N. lat., 
124[deg]44'12'' W. long.) to the buoy adjacent to Duntze Rock 
(48[deg]28'00'' N. lat., 124[deg]45'00'' W. long.), then in a straight 
line to Bonilla Point (48[deg]35'30'' N. lat., 124[deg]43'00'' W. 
long.) on Vancouver Island, British Columbia.
    b. Grays Harbor Control Zone: The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53'18'' N. lat., 124[deg]07'01'' W. 
long.) to Buoy <greek-i>2 (46[deg]52'42'' N. lat., 124[deg]12'42'' W. 
long.) to Buoy <greek-i>3 (46[deg]55'00'' N. lat., 124[deg]14'48'' W. 
long.) to the Grays Harbor north jetty (46[deg]36'00'' N. lat., 
124[deg]10'51'' W. long.).
    c. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy <greek-i>4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W. 
long.) and the green lighted Buoy <greek-i>7 (46[deg]15'09' N. lat., 
124[deg]06'16'' W. long.); on the east, by the Buoy <greek-i>10 line 
which bears north/south at 357[deg]true from the south jetty at 
46[deg]14'00'' N. lat., 124[deg]03'07'' W. long. to its intersection 
with the north jetty; on the north, by a line running northeast/
southwest between the green lighted Buoy <greek-i>7 to the tip of the 
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long. and then 
along the north jetty to the point of intersection with the Buoy 
<greek-i>10 line; and on the south, by a line running northeast/
southwest between the red lighted Buoy <greek-i>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 
<greek-i>10 line.
    d. Stonewall Bank Groundfish Conservation Area: The area defined by 
the following coordinates in the order listed:
    44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
    44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
    44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
    44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
    44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;
    and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92' W. 
long.
    e. Klamath Control Zone: The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N. lat. (approximately six 
nautical miles north of the Klamath River mouth); on the west, by 
124[deg]23'00'' W. long. (approximately 12 nautical miles off shore); 
and, on the south, by 41[deg]26'48'' N. lat. (approximately 6 nautical 
miles south of the Klamath River mouth).
    C.5. Inseason Management: Regulatory modifications may become 
necessary inseason to meet preseason management objectives such as 
quotas, harvest guidelines, and season duration. In addition to 
standard inseason actions or modifications already noted under the 
season description, the following inseason guidance is provided to 
NMFS:
    a. Actions could include modifications to bag limits, or days open 
to fishing, and extensions or reductions in areas open to fishing.
    b. Coho may be transferred inseason among recreational subareas 
north of Cape Falcon on an impact neutral basis to help meet the 
recreational season duration objectives (for each subarea) after 
conferring with representatives of the affected ports and the Council's 
SAS recreational representatives north of Cape Falcon.
    c. NOAA Fisheries may transfer Chinook and coho between the 
recreational and commercial fisheries north of Cape Falcon on an impact 
neutral basis if there is agreement among the areas' representatives on 
the SAS.
    d. If retention of unmarked coho is permitted in the area from the 
U.S./Canada border to Cape Falcon, Oregon, by inseason action, the 
allowable coho quota will be adjusted to ensure preseason projected 
mortality of critical stocks is not exceeded.
    C.6. Additional Seasons in State Territorial Waters: Consistent 
with Council management objectives, the States of Washington, Oregon, 
and California may establish limited seasons in state waters. Oregon 
State-water fisheries are limited to Chinook salmon. Check state 
regulations for details.
    Section 3. Treaty Indian Management Measures for 2007 Ocean Salmon 
Fisheries
    Note: This section contains restrictions in parts A, B, and C which 
must be followed for lawful participation in the fishery.

A. Season Descriptions

U.S.-Canada Border to Cape Falcon, OR
    May 1 through the earlier of June 30 or 21,500 Chinook quota. All 
salmon except coho. If the Chinook quota for the May-June fishery is 
not fully utilized, inseason action may be taken to transfer up to 
5,714 Chinook from the May-June quota into the July - September all-
salmon season at a ratio of 1.0 to 0.35, resulting in a maximum 
increase of 2,000 Chinook in the July-September quota (C.5). If the 
May-June Chinook quota is exceeded, the excess will be deducted from 
the July-September all-salmon season at a ratio of 1.0 to 1.0. See size 
limit (B) and other restrictions (C).
    July 1 through the earlier of September 15, or 13,500 preseason 
Chinook quota, or 38,000 coho quota (C.5).
    All salmon. See size limit (B) and other restrictions (C).

B. Minimum Size (Inches)

----------------------------------------------------------------------------------------------------------------
                                             Chinook                                   Coho
----------------------------------------------------------------------------------------------------------------
  Area (when open) and Fishery     Total Length      Head-off      Total Length      Head-off          Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR
  Commercial                     24.0             18.0            16.0            12.0            None
  Ceremonial and Subsistence     None             None            None            None            None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in=61.0 cm, 18.0 in=45.7 cm, 16.0in=40.6 cm, and 12.0 in=30.5 cm.

C. Special Requirements, Restrictions, and Exceptions

    C.1.Tribe and Area Boundaries: All boundaries may be changed to 
include such other areas as may hereafter be authorized by a Federal 
court for that tribe's treaty fishery.
    S'KLALLAM - Washington State Statistical Area 4B (All).
    MAKAH - Washington State Statistical Area 4B and that portion of 
the FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east 
of 125[deg]44'00'' W. long.
    QUILEUTE - That portion of the FMA between 48[deg]07'36'' N. lat. 
(Sand Pt.) and 47[deg]31'42'' N. lat. (Queets River) and east of 
125[deg]44'00'' W. long.
    HOH - That portion of the FMA between 47[deg]54'18'' N. lat. 
(Quillayute River) and 47[deg]21'00'' N. lat. (Quinault River) and east 
of 125[deg]44'00'' W. long.
    QUINAULT-That portion of the FMA between 47[deg]40'06'' N. lat. 
(Destruction Island) and 46[deg]53'18''N. lat. (Point

[[Page 24548]]

Chehalis) and east of 125[deg]44'00'' W. long.
    C.2.Gear restrictions
    a. Single point, single shank, barbless hooks are required in all 
fisheries.
    b. No more than eight fixed lines per boat.
    c. No more than four hand held lines per person in the Makah area 
fishery (Washington State Statistical Area 4B and that portion of the 
FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of 
125[deg]44'00'' W. long.)
    C.3.Quotas
    a. The quotas include troll catches by the S'Klallam and Makah 
tribes in Washington State Statistical Area 4B from May 1 through 
September 15.
    b. The Quileute Tribe will continue a ceremonial and subsistence 
fishery during the time frame of September 15 through October 15 in the 
same manner as in 2004, 2005, and 2006. Fish taken during this fishery 
are to be counted against treaty troll quotas established for the 2007 
season (estimated harvest during the October ceremonial and subsistence 
fishery: 100 Chinook; 200 coho).
    C.4. Area Closures
    a. The area within a 6-nm radius of the mouths of the Queets River 
(47 31'42'' N. lat.) and the Hoh River (47 45'12'' N. lat.) will be 
closed to commercial fishing.
    b. A closure within 2 nautical miles of the mouth of the Quinault 
River (47[deg]21'00'' N. lat.) may be enacted by the Quinault Nation 
and/or the State of Washington and will not adversely affect the 
Secretary of Commerce's management regime.
    C.5.Inseason Management: In addition to standard inseason actions 
or modifications already noted under the season description, the 
following inseason guidance is provided to NMFS:
    a. Chinook remaining from the May through June treaty Indian 
commercial troll harvest guideline north of Cape Falcon may be 
transferred to the July through September harvest guideline Chinook 
quota on a fishery impact equivalent basis.
Section 4. Halibut Retention
    Under the authority of the Northern Pacific Halibut Act, NMFS 
promulgated regulations governing the Pacific halibut fishery which 
appear at 50 CFR part 300, subpart E. On March 14, 2007, NMFS published 
a final rule (72 FR 11792) to implement the International Pacific 
Halibut Commission's (IPHC) recommendations, to announce fishery 
regulations for U.S. waters off Alaska and fishery regulations for 
treaty commercial and ceremonial and subsistence fisheries, some 
regulations for non-treaty commercial fisheries for U.S. waters off the 
West Coast, and approval of and implementation of the Area 2A Pacific 
halibut Catch Sharing Plan and the Area 2A management measures for 
2007. The regulations and management measures provide that vessels 
participating in the salmon troll fishery in Area 2A (all waters off 
the States of Washington, Oregon, and California), which have obtained 
the appropriate IPHC license, may retain halibut caught incidentally 
during authorized periods in conformance with provisions published with 
the annual salmon management measures. A salmon troller may participate 
in the halibut incidental catch fishery during the salmon troll season 
or in the directed commercial fishery targeting halibut, but not both.
    The following measures have been approved by the IPHC, and 
implemented by NMFS. During authorized periods, the operator of a 
vessel that has been issued an incidental halibut harvest license may 
retain Pacific halibut caught incidentally in Area 2A while trolling 
for salmon. Halibut retained must be no less than 32 inches (81.28 cm) 
in total length, measured from the tip of the lower jaw with the mouth 
closed to the extreme end of the middle of the tail, and must be landed 
with the head on. License applications for incidental harvest must be 
obtained from the International Pacific Halibut Commission (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 June 30 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 40,227-lb (18246.66 kg) preseason 
allocation or the total Area 2A non-Indian commercial halibut 
allocation, NMFS will take inseason action to close the incidental 
halibut fishery.
    Beginning May 1, license holders may land no more than one Pacific 
halibut per each 3 Chinook, except one Pacific halibut may be landed 
without meeting the ratio requirement, and no more than 35 halibut may 
be landed per trip. Pacific halibut retained must be no less than 32 
inches (81.28 cm) in total length (with head on).
    NMFS and the Council request that salmon trollers voluntarily avoid 
a ``C-shaped'' YRCA (North Coast Recreational YRCA) in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (WA marine area 3)(See 
Section 1.C.7. for the coordinates).
Section 5. Geographical Landmarks
    Wherever the words ``nautical miles off shore'' are used in this 
document, the distance is measured from the baseline from which the 
territorial sea is measured.
    Geographical landmarks referenced in this document are at the 
following locations:

 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                               .........................................
------------------------------------------------------------------------
Cape Flattery,WA.............                     48[deg]23'00'' N. lat.
Cape Alava, WA...............                     48[deg]10'00'' N. lat.
Queets River, WA.............                     47[deg]31'42'' N. lat.
Leadbetter Point, WA.........                     46[deg]38'10'' N. lat.
Cape Falcon, OR..............                     45[deg]46'00'' N. lat.
Florence South Jetty, OR.....                     44[deg]00'54'' N. lat.
Humbug Mountain, OR..........                     42[deg]40'30'' N. lat.
Oregon-California Border.....                     42[deg]00'00'' N. lat.
Humboldt South Jetty, CA.....                     40[deg]45'53'' N. lat.
Horse Mountain, CA...........                     40[deg]05'00'' N. lat.
Point Arena, CA..............                     38[deg]57'30'' N. lat.
Point Reyes, CA..............                     37[deg]59'44'' N. lat.
Point San Pedro, CA..........                     37[deg]35'40'' N. lat.
Pigeon Point, CA.............                     37[deg]11'00'' N. lat.
Point Sur, CA................                     36[deg]18'00'' N. lat.
Point Conception, CA.........                     34[deg]27'00'' N. lat.
------------------------------------------------------------------------


[[Page 24549]]

Section 6. 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 provisions of 50 CFR 660.411 state 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 the date 
of publication in the Federal Register. NMFS will receive public 
comments on this action until May 18, 2007. These regulations are being 
promulgated under the authority of 16 USC 1855(d).
    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 such procedures are 
impracticable.
    The annual salmon management cycle begins May 1 and continues 
through April 30 of the following year. May 1 was chosen because the 
pre-May harvests constitute a relatively small portion of the annual 
catch. The time-frame of the preseason process for determining the 
annual modifications to ocean salmon fishery management measures 
depends on when the pertinent biological data are available. Salmon 
stocks are managed to meet annual spawning escapement goals or specific 
exploitation rates. Achieving either of these objectives requires 
designing management measures that are appropriate for the ocean 
abundance predicted for that year. These pre-season abundance 
forecasts, which are derived from the previous year's observed spawning 
escapement, vary substantially from year to year, and are not available 
until January and February because spawning escapement continues 
through the fall.
    The preseason planning and public review process associated with 
developing Council recommendations is initiated in February as soon as 
the forecast information becomes available. The public planning process 
requires coordination of management actions of four states, numerous 
Indian tribes, and the Federal Government, all of which have management 
authority over the stocks. This complex process includes the affected 
user groups, as well as the general public. The process is compressed 
into a 2-month period which culminates at the April Council meeting at 
which the Council adopts a recommendation that is forwarded to NMFS for 
review, approval and implementation of fishing regulations effective on 
May 1.
    Providing opportunity for prior notice and public comments on the 
Council's recommended measures through a proposed and final rulemaking 
process would require 30 to 60 days in addition to the 2-month period 
required for development of the regulations. Delaying implementation of 
annual fishing regulations, which are based on the current stock 
abundance projections, for an additional 60 days would require that 
fishing regulations for May and June be set in the previous year 
without knowledge of current stock status. Although this is currently 
done for fisheries opening prior to May, relatively little harvest 
occurs during that period (e.g., in 2006 less than 10 percent of 
commercial and recreational harvest occurred prior to May 1). Allowing 
the much more substantial harvest levels normally associated with the 
May and June seasons to be regulated in a similar way would impair NOAA 
Fisheries' ability to protect weak and ESA listed stocks and provide 
harvest opportunity where appropriate.
    Overall, the annual population dynamics of the various salmon 
stocks require managers to vary the season structure of the various 
West Coast area fisheries to both protect weaker stocks and give 
fishers access to stronger salmon stocks, particularly hatchery 
produced fish. Failure to implement these measures immediately could 
compromise the status of certain stocks, or result in foregone 
opportunity to harvest stocks whose abundance has increased relative to 
the previous year thereby undermining the purpose of this agency 
action. Based upon the above-described need to have these measures 
effective on May 1 and the fact that there is limited time available to 
implement these new measures after the final Council meeting in April 
and before the commencement of the ocean salmon fishing year on May 1, 
NOAA Fisheries has concluded it is impracticable to provide an 
opportunity for prior notice and public comment under 5 U.S.C. 
553(b)(B).
    It is impracticable because if the 2007 ocean salmon fishery was to 
open under the 2006 management measures, the landing and possession 
limit in the area north of Cape Falcon would be higher, restricting the 
ability of NOAA Fisheries to manage for the May through June Chinook 
quota. Also in the area south of Cape Falcon, operating under the 2006 
management measures would unnecessarily close large section of Oregon 
and California coasts, thereby restricting fishing opportunity.
    The AA also finds that good cause exists under 5 U.S.C. 553(d)(3), 
to waive the 30-day delay in effectiveness of this final rule. As 
previously discussed, data are not available until February and 
management measures not finalized until early April. These measures are 
essential to conserve threatened and endangered ocean salmon stocks, 
and to provide for harvest of more abundant stocks. If these measures 
are not in place on May 1, the previous year's management measures will 
continue to apply. Failure to implement these measures immediately 
could compromise the status of certain stocks, including Lower Columbia 
River Chinook and Puget Sound Chinook, and negatively impact 
international, state, and tribal salmon fisheries, thereby undermining 
the purposes of this agency action.
    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 is also posting the 
regulations on both of its West Coast regional websites 
(www.nwr.noaa.gov and swr.nmfs.noaa.gov). NMFS is also advising the 
States of Washington, Oregon, and California on the new management 
measures. These states announce the seasons for applicable state and 
Federal fisheries through their own public notification systems.
    This action contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA), and which have been approved by 
OMB under control number 0648-0433. The public reporting burden for 
providing notifications if landing area restrictions cannot be met, or 
to obtain shelter in Brookings, OR, is estimated to average 15 minutes 
per response. This estimate includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and

[[Page 24550]]

reviewing the collection of information. Send comments regarding this 
burden estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to <a href="/cdn-cgi/l/email-protection#5014312639340f023f23243b3522103f3d327e353f207e373f26"><span class="__cf_email__" data-cfemail="357154435c516a675a46415e5047755a58571b505a451b525a43">[email protected]</span></a>, or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    Since 1989, NOAA Fisheries Service has listed under the ESA 27 
evolutionarily significant units (ESUs) of salmonids on the west coast. 
As the listings have occurred, NOAA Fisheries Service has conducted 
formal ESA section 7 consultations and issued biological opinions 
(BOs), and made determinations under section 4(d) of the ESA, that 
consider the impacts to listed salmonid species resulting from proposed 
implementation of the Salmon FMP, or in some cases, from proposed 
implementation of the annual management measures. Associated with the 
BOs are incidental take statements which specify the level of take that 
is expected. Some of the BOs have concluded that implementation of the 
Salmon FMP is not likely to jeopardize the continued existence of 
certain listed ESUs and provided incidental take statements. Other BOs 
have found the Salmon FMP is likely to jeopardize certain listed ESUs 
and have identified reasonable and prudent alternatives (consultation 
standards) that would avoid the likelihood of jeopardizing the 
continued existence of the ESU under consideration, and provided an 
incidental take statement for the reasonable and prudent alternative.

  Table 1. NMFS' Endangered Species Act consultations and section 4(d)
 determinations related to ocean fisheries implemented under the Salmon
        FMP and duration of the proposed action covered by each.
------------------------------------------------------------------------
                                      Evolutionarily Significant Unit
               Date                     covered and effective period
------------------------------------------------------------------------
March 8, 1996                      Snake River Chinook and sockeye
                                    (until reinitiated)
------------------------------------------------------------------------
April 28, 1999                     Oregon coast coho, S. Oregon/ N.
                                    California coast coho, Central
                                    California coast coho (until
                                    reinitiated)
------------------------------------------------------------------------
April 28, 2000                     Central Valley spring Chinook and
                                    California coast Chinook (until
                                    reinitiated)
------------------------------------------------------------------------
April 27, 2001                     Hood Canal summer chum 4(d) limit and
                                    associated biological opinion (until
                                    reinitiated).
------------------------------------------------------------------------
April 30, 2001                     Upper Willamette River Chinook, Upper
                                    Columbia River spring Chinook,
                                    Ozette Lake sockeye, ten steelhead
                                    ESUs, Columbia River chum (until
                                    reinitiated).
------------------------------------------------------------------------
April 27, 2004                     Sacramento River winter Chinook
                                    (through 2009)
------------------------------------------------------------------------
June 13, 2005                      California Coastal Chinook (until
                                    reinitiated)
------------------------------------------------------------------------
March 4, 2005                      Puget Sound Chinook (through April
                                    30, 2010)
------------------------------------------------------------------------
April 30, 2007                     Lower Columbia River coho and Chinook
                                    (through April 30, 2007)
------------------------------------------------------------------------

    At the start of the preseason planning process for the 2007 
management season, NOAA Fisheries Service provided a letter to the 
Council, dated March 1, 2007, summarizing its ESA consultation 
standards for listed species as required by the Salmon FMP. The 
Council's recommended management measures comply with NOAA Fisheries 
Service's ESA consultation standards and guidance for those listed 
salmon species which may be affected by Council fisheries. In some 
cases, the recommended measures result in impacts that are more 
restrictive than NOAA Fisheries Service's ESA requirements.
    Southern resident killer whales were listed as endangered effective 
February 16, 2006. NOAA Fisheries consulted on the effects of the 2006 
fisheries on killer whales and concluded that the fisheries were not 
likely to jeopardize the continued existence of the species. NOAA 
Fisheries is again consulting regarding the effects of the 2007 
fisheries on killer whales through a separate biological opinion. NOAA 
Fisheries expects to complete the consultation prior to May 1, 2007. 
While the consultation may not be completed prior to approval of this 
action, NOAA Fisheries has determined that the anticipated fisheries 
will not make any irreversible or irretrievable commitment of resources 
with respect to the agency action which has the effect of foreclosing 
the formulation or implementation of any reasonable and prudent 
alternative measures. In the event that the review suggests that 
further constraints in the 2007 fisheries are necessary, appropriate 
corrections can be made by NOAA Fisheries through inseason action.
    This final rule was developed after meaningful consultation with 
the tribal representative on the Council who has agreed with the 
provisions that apply to tribal vessels.

    Authority: 16 U.S.C. 773-773k; 1801 et seq.

    Dated: May 1, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries,National Marine Fisheries 
Service.
[FR Doc. 07-2204 Filed 5-1-07; 1:13 pm]
BILLING CODE 3510-22-S


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