Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 24539 

■ b. Remove paragraph (d). 

Issued in Washington, DC on April 25, 

2007, under authority delegated in 49 CFR 

part 1. 

Thomas J. Barrett, 

Administrator. 

[FR Doc. E7–8394 Filed 5–2–07; 8:45 am] 

BILLING CODE 4910–60–P 

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. 

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 

2007oceansalmonregs.nwr@noaa.gov 

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 David— 

Rostker@omb.eop.gov, 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 

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24540 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

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 longterm 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 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 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. 

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24542 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

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 Chinookdirected fishery in May and June (under 

a quota of 21,500 Chinook) and an allsalmon 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 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 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) 

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24544 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

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, 

CA 

28.0 21.5 - - None 

Horse Mountain to Point Arena, CA 27.0 20.5 - - None 

Pt. Arena to US-Mexico Border 

Prior to July 1 and after August 31 27.0 20.5 - - None 

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 

ι4 (46[deg](degree symbols)13’35’’ N. 

lat., 124ι06’50’’ W. long.) and the green 

lighted Buoy ι7 (46[deg]15’09’ N. lat., 

124[deg]06’16’’ W. long.); on the east, by 

the Buoy ι10 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 ι7 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 ι10 line; and, on the south, by a 

line running northeast/southwest 

between the red lighted Buoy ι4 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 ι10 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 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 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 nonIndian 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. 

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24546 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

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 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 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 ι2 

(46[deg]52’42’’ N. lat., 124[deg]12’42’’ 

W. long.) to Buoy ι3 (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 

ι4 (46[deg]13’35’’ N. lat., 124[deg]06’50’’ 

W. long.) and the green lighted Buoy ι7 

(46[deg]15’09’ N. lat., 124[deg]06’16’’ W. 

long.); on the east, by the Buoy ι10 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 ι7 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 ι10 line; and on the south, by a 

line running northeast/southwest 

between the red lighted Buoy ι4 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 ι10 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 JulySeptember quota (C.5). If the May-June 

Chinook quota is exceeded, the excess 

will be deducted from the JulySeptember 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 

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24548 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

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 ‘‘Cshaped’’ 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. 

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 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 timeframe 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 abovedescribed 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-ofinformation 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 

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24550 Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Rules and Regulations 

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 David— 

Rostker@omb.eop.gov, 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. 

Date Evolutionarily Significant Unit 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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