Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24973

north of 36° N. lat. is 300 lb (136 kg),

which counts toward a cumulative trip

limit of 1,800 lb (816 kg) per 2 month

period. (Landings from the regular or

mop-up seasons do not count toward

this cumulative limit, and the 60–

percent monthly limits described at

paragraph IV.A.(1)(c)(i) do not apply.)

(B) The daily trip limit for sablefish

taken and retained with nontrawl gear

south of 36° N. lat. is (1) 350 lb (159 kg)

with no cumulative limit on the amount

of sablefish that may be retained in a

month; or (2) one landing of sablefish

per week above 350 lb (159 kg) but not

to exceed 1,050 lb (476 kg). A week is

7 consecutive days, from 0001 hours l.t.

Sunday through 2400 hours l.t.

Saturday.

* * * * *

2. In section IV, under C. Trip limits

in the Open Access Fishery, the

following paragraphs: C.(1)(a)(i),(ii), and

(iv)(A); the first two sentences of

(1)(b)(i); paragraphs (2)(a)(i) and (2)(b);

and paragraphs (4) and (5) introductory

text and (5) (a) are revised to read as

follows.

C. Trip Limits in the Open Access Fishery

* * * * *

(1) * * *

(a) * * *

(i) Thornyheads. Thornyheads

(shortspine and longspine) may not be

taken and retained, possessed, or landed

north of Pt. Conception, the daily trip

limit for thornyheads is 100 lb (45 kg)

for vessels engaged in fishing for pink

shrimp. South of Pt. Conception, the

daily trip limit for thornyheads is 50 lb

(23 kg). (The 50–percent monthly limit

is not relevant for thornyheads taken in

the open access fishery because it is

much larger than the amount that could

be taken under daily trip limits.)

(ii) Widow rockfish. The 50–percent

monthly limit for widow rockfish is

15,000 lb (6,804 kg).

* * * * *

(iv) * * *

(A) Yellowtail rockfish. The 50–

percent monthly limit for yellowtail

rockfish is 6,500 lb (2,948 kg).

* * * * *

(b)* * *

(i) Hook-and-line or pot gear: 10,000

lb (4,536 kg) of rockfish per vessel per

fishing trip, of which no more than 500

lb (227 kg) may be bocaccio taken and

retained south of Cape Mendocino. As

stated in paragraph IV.C (1) (iv)(B)

above, no more than 1,000 lb (454 kg)

cumulative per month may be bocaccio

taken and retained south of Cape

Mendocino. * * *

* * * * *

(2) * * *

(a) * * *

(i) North of 36°00’ N. lat. North of

36°00’ N. lat., the daily trip limit for

sablefish is 300 lb (136 kg), which

counts toward a cumulative trip limit of

700 lb (318 kg) per 2-month period. The

2-month cumulative trip limit may be

taken at any time during the 2-month

period; there is no 60–percent monthly

limit for the open access fishery.

* * * * *

(b) Exempted trawl gear. The 50–

percent monthly limit of 3,000 lb (1,361

applies to sablefish taken and retained

with exempted trawl gear.

* * * * *

(4) Dover sole. The 50–percent

monthly trip limit for Dover sole is

11,000 lb (4,990 kg), and applies to all

open access gear.

(5) Groundfish taken by shrimp or

prawn trawl. The daily trip limits,

which count toward the trip limit for

groundfish, are: For sablefish coastwide,

300 lb (136 kg); and for thornyheads

south of Pt. Conception, 50 lb (23 kg).

The limits in paragraphs IV.C(1)(a),

(2)(b), (3), and (4) also apply.

(a) Pink shrimp. The trip limit for a

vessel engaged in fishing for pink

shrimp is 500 lb (227 kg) of groundfish.

multiplied by the number of days of the

fishing trip. The daily trip limits for

sablefish and thornyheads may not be

multiplied by the number of days of the

fishing trip. North of 36° N. lat., a trip

limit of 100 lb (45 kg) of thornyheads

also applies, which may not be

multiplied by the number of days of the

fishing trip, and is counted toward the

groundfish trip limit.

* * * * *

Classification

These actions are authorized by the

regulations implementing the Pacific

Coast Groundfish Fishery Management

Plan. The determination to take these

actions is based on the most recent data

available. The aggregate data upon

which the determinations are based are

available for public inspection at the

office of the Administrator, Northwest

Region, NMFS (see ADDRESSES) during

business hours. Because of the need for

immediate action to implement these

changes at the beginning of the May

through June 2-month cumulative limit

period and because the public had an

opportunity to comment on the action at

the April 1998 Council meeting, NMFS

has determined that good cause exists

for this document to be published

without affording a prior opportunity

for public comment or a 30-day delayed

effectiveness period. These actions are

taken under the authority of 50 CFR

660.323 (b)(1), and are exempt from

review under E.O. 12866.

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

Dated: April 30, 1998.

Gary C. Matlock,

Director, Office of Sustainable Fisheries.

[FR Doc. 98–11964 Filed 5–1–98; 3:28 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 980429110–8110–01; I.D.

042398B]

RIN 0648–AK25

Fisheries Off West Coast States and in

the Western Pacific; West Coast

Salmon Fisheries; 1998 Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Annual management measures

for the ocean salmon fishery; request for

comments.

SUMMARY: NMFS establishes fishery

management measures for the ocean

salmon fisheries off Washington,

Oregon, and California for 1998 and

1999 salmon seasons opening earlier

than May 1, 1999. Specific fishery

management measures vary by fishery

and by area. The measures establish

fishing areas, seasons, quotas, legal gear,

recreational fishing days and catch

limits, possession and landing

restrictions, and minimum lengths for

salmon taken in the exclusive economic

zone (3–200 nautical miles) off

Washington, Oregon, and California.

These management measures are

intended to prevent overfishing and to

apportion the ocean harvest equitably

among treaty Indian and non-treaty

commercial and recreational fisheries.

The measures are also intended to allow

a portion of the salmon runs to escape

the ocean fisheries in order to provide

for spawning escapement and inside

fisheries.

DATES: Effective from 0001 hours Pacific

Daylight Time (P.d.t.), May 1, 1998,

until the effective date of the 1999

management measures, as published in

the Federal Register. Comments must be

received by May 15, 1998.

ADDRESSES: Comments on the

management measures and the related
24974 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

environmental assessment (EA) may be

sent to William Stelle, Jr., Regional

Administrator, Northwest Region,

NMFS, 7600 Sand Point Way N.E.,

Seattle, WA 98115–0070; or William

Hogarth, Regional Administrator,

Southwest Region, NMFS, 501 West

Ocean Boulevard, Suite 4200, Long

Beach, CA 90802–4213. Copies of the

EA and other documents cited in this

document are available from Larry Six,

Executive Director, Pacific Fishery

Management Council, 2130 S.W. Fifth

Ave., Suite 224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT:

William Robinson at 206–526–6140, or

Svein Fougner at 562–980–4040.

SUPPLEMENTARY INFORMATION:

Background

The ocean salmon fisheries off

Washington, Oregon, and California are

managed under a ‘‘framework’’ fishery

management plan entitled the Pacific

Coast Salmon Plan (FMP). Regulations

at 50 CFR part 660, subpart H, provide

the mechanism for making preseason

and inseason adjustments to the

management measures, within limits set

by the FMP, by notification in the

Federal Register.

These management measures for the

1998 and pre-May 1999 ocean salmon

fisheries were recommended by the

Pacific Fishery Management Council

(Council) at its April 6 to 10, 1998,

meeting.

Schedule Used To Establish 1998

Management Measures

In accordance with the FMP, the

Council’s Salmon Technical Team (STT)

and staff economist prepared several

reports for the Council, its advisors, and

the public. The first report, ‘‘Review of

1997 Ocean Salmon Fisheries,’’

summarizes the 1997 ocean salmon

fisheries and assesses how well the

Council’s management objectives were

met in 1997. The second report,

‘‘Preseason Report I Stock Abundance

Analysis for 1998 Ocean Salmon

Fisheries’’ (PRE I), provides the 1998

salmon stock abundance projections and

analyzes the impacts on the stocks and

Council management goals if the 1997

regulations or regulatory procedures

were applied to the 1998 stock

abundances.

The Council met from March 9 to 13,

1998, in Millbrae, CA, to develop

proposed management options for 1998.

Three commercial and three recreational

fishery management options were

proposed for analysis and public

comment. These options presented

various combinations of management

measures designed to protect numerous

weak stocks of coho and chinook

salmon and to provide for ocean

harvests of more abundant stocks. After

the March Council meeting, the STT

and Council staff economist prepared a

third report, ‘‘Preseason Report II

Analysis of Proposed Regulatory

Options for 1998 Ocean Salmon

Fisheries’’ (PRE II), which analyzes the

effects of the proposed 1998

management options. This report also

was made available to the Council, its

advisors, and the public.

Public hearings on the proposed

options were held on March 30, 1998 in

Westport, WA, North Bend, OR, and

Moss Landing, CA; on March 31, 1998

in Tillamook, OR and Eureka, CA; and

on April 1, 1998 in Sacramento, CA.

The Council met on April 6 to 10,

1998, in Portland, OR, to adopt its final

1998 recommendations. Following the

April Council meeting, the STT and

Council staff economist prepared a

fourth report, ‘‘Preseason Report III

Analysis of Council-Adopted

Management Measures for 1998 Ocean

Salmon Fisheries’’ (PRE III), which

analyzes the environmental and socioeconomic effects of the Council’s final

recommendations. This report also was

made available to the Council, its

advisors, and the public.

Resource Status

Aside from salmon species listed and

proposed for listing under the

Endangered Species Act (ESA)

discussed below, the primary resource

concerns are for Klamath River fall

chinook, lower Columbia River fall

chinook stocks, Oregon coastal natural

coho, and Washington coastal and Puget

Sound natural coho. Management of all

of these stocks is affected by

interjurisdictional agreements among

tribal, State, Federal, and/or Canadian

managers.

Chinook Salmon Stocks

California Central Valley fall chinook

stocks are abundant compared to other

chinook stocks of the Pacific coast. The

Central Valley Index of abundance of

combined Central Valley chinook stocks

is projected to be 1,051,000 for 1998, the

highest ever predicted and about the

same as the postseason estimate of the

index for 1997 (PRE I, February 1998).

The spawning escapement of

Sacramento River adult fall chinook was

323,900 adults in 1997 (PRE III, May

1998), well above the escapement goal

range of 122,000 to 180,000 adult

spawners.

Winter chinook from the Sacramento

River are listed under the ESA as an

endangered species (59 FR 440, January

4, 1994). The 1997 spawning run size

was estimated to be approximately 480

adults, 3.1 times the estimated 1994

adult escapement. Neither preseason

nor postseason estimates of ocean

abundance are available for winter

chinook; however, the run is expected

to remain depressed in 1998 (PRE I).

Klamath River fall chinook ocean

abundance is projected to be 126,600,

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

the fishing season. The abundance

forecast is 19 percent below the 1997

pre-season abundance estimate and 49

percent below the average of postseason estimates for 1988–1997 (PRE I).

The spawning escapement goal for the

stock is 33 to 34 percent of the potential

natural adults, but no fewer than 35,000

natural spawners (fish that spawn

outside of hatcheries). The natural

spawning escapement in 1997 was

46,000 adults (PRE III).

Oregon coastal chinook stocks include

south-migrating and localized stocks

primarily from southern Oregon streams

and north-migrating chinook stocks

which generally originate in central and

northern Oregon streams. Abundance of

south-migrating and localized stocks is

expected to be similar to the levels

observed in 1997 (PRE I). These stocks

are important contributors to ocean

fisheries off Oregon and northern

California. The generalized expectation

for north-migrating stocks is for an

above-average abundance of age-5 fish

and a below-average abundance of age3 and age-4 fish (PRE I). These stocks

contribute primarily to ocean fisheries

off British Columbia and Alaska. It is

expected that the aggregate Oregon

coastal chinook spawning escapement

goal of 150,000 to 200,000 naturally

spawning adults will be met in 1998

(PRE I).

Estimates of Columbia River chinook

abundance vary by stock as follows:

(1) Upper Columbia River spring and

summer chinook. Numbers of upriver

spring chinook predicted to return to

the river in 1998 are 36,200 fish, less

than one-third of the 1997 return of

114,100 adult fish (PRE I). The 1998

forecast indicates a return to recent year

escapement levels and the continued

depressed status of this stock. In recent

years, the natural component of this

stock generally has comprised less than

one-third of the upriver spring chinook

run, compared to approximately 70

percent of the run when the original

escapement goal was developed. The

1997 return of 114,100 fish was at least

two-thirds of hatchery origin. The

natural stock component remains

severely depressed, with Snake River

spring/summer chinook listed as

threatened under the ESA. The 1997

return of 28,000 adult summer chinook
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24975

was 68 percent above the preseason

expectation and the largest return since

1990 (PRE III). Expected ocean

escapement of adult upriver summer

chinook is 11,200 adult fish (PRE III).

The 1998 stock status remains extremely

depressed, with a forecast return of

11,200 fish being only 14 percent of the

lower end of the spawning escapement

goal range of 80,000 to 90,000 adults

counted at Bonneville Dam. Upriver

summer chinook migrate to the far north

and are not a major contributor to ocean

fisheries off Washington and Oregon.

Snake River spring and summer chinook

are listed as threatened under the ESA

(57 FR 14653, April 22, 1992).

(2) Willamette River spring chinook.

Willamette River spring chinook returns

are projected to be 32,800 fish, close to

the 1997 return of 34,300 fish (PRE I),

and the fifth consecutive year that the

adult return is less than 50,000 fish.

Lower Columbia River spring chinook

stocks are important contributors to

Council area fishery catches north of

Cape Falcon; Willamette River spring

chinook stocks generally contribute to

Canadian and Alaskan ocean fisheries.

(3) Columbia River fall chinook.

Abundance estimates are made for five

distinct fall chinook stock units, as

follows:

(a) Upriver bright fall chinook ocean

escapement is expected to be 141,800

adults, 15 percent below the 1997

observed return of 167,900 adults (PRE

III). This stock has a northern ocean

migratory pattern and constitutes less

than 10 percent of Council area fisheries

north of Cape Falcon.

(b) Lewis River wild chinook ocean

escapement is forecast at 7,000 adults,

49 percent below the 1997 run size of

13,800 adults (PRE III).

(c) Lower river hatchery (Tules) fall

chinook ocean escapement is forecast at

22,500 adults, 60 percent below the

1997 observed return of 56,700 adults

(PRE III). This stock has declined

sharply since the record high return in

1987. Lower Columbia River fall

chinook stocks normally account for

more than half the total catch in Council

area fisheries north of Cape Falcon, with

lower river hatchery fall chinook being

the single largest contributing stock.

(d) Spring Creek hatchery (Tules) fall

chinook ocean escapement is projected

to be 14,200 adults, 44 percent below

the 1997 observed return of 25,200

adults (PRE III). The Spring Creek

hatchery fall chinook stock generally

has been rebuilding slowly since the

record low return in 1987, but this

year’s projection of 14,200 adults is very

low.

(e) Mid-Columbia bright fall chinook

ocean escapement is projected to be

44,900 adults, 21 percent below the

1997 return of 57,000 adults (PRE III).

(4) Snake River wild fall chinook.

Snake River wild fall chinook are listed

under the ESA as a threatened species

(57 FR 14653, April 22, 1992).

Information on the stock’s ocean

distribution and fishery impacts are not

available. Attempts to evaluate fishery

impacts on Snake River fall chinook

have used the Lyons Ferry Hatchery

stock to represent Snake River wild fall

chinook. The Lyons Ferry stock is

widely distributed and harvested by

ocean fisheries from southern California

to Alaska.

Washington coastal and Puget Sound

chinook generally migrate to the far

north and are affected insignificantly by

ocean harvests from Cape Falcon to the

U.S.-Canada border.

Coho Salmon Stocks

There are indications that the 1997

preseason abundance predictors for

coho were optimistic, because they did

not anticipate abnormally low marine

survival associated with the current El

Nin ̃ o event. Postseason estimates of

abundance for Columbia River,

Washington Coastal, and Puget Sound

stocks were substantially below

expectations after allowances for lower

than anticipated impacts by ocean

fisheries were considered.

Impacts on growth and survival prior

to the fall of 1997 returns were

automatically incorporated into siblingbased predictors currently employed for

several stocks. For instance, jack returns

for most Columbia River chinook and

coho stocks were at, or near, record low

levels, and fish condition was

noticeably poor. During the 1982–1983

El Nin ̃o, the STT incorporated an

adjustment factor in anticipation of

abnormally high over-winter mortality

with widely varying success. The STT

considered and rejected incorporating a

1998 adjustment factor to compensate

for abnormally high over-winter

mortality that may result from the

current El Nin ̃ o event. The current El

Nin ̃ o developed more rapidly and at

different times than previous events so

there is a general lack of information

that can be usefully employed to

quantify the degree to which

adjustments should be made to the

estimates of survival of salmon stocks.

The STT, however, was of the opinion

that the abundance forecasts presented

for this season’s report for coho and

Columbia River chinook stocks could

likely prove to be optimistic.

Central California coast coho and

southern Oregon/northern California

coast coho are listed as threatened

species under the ESA (61 FR 56138,

October 31, 1996, and 62 FR 24588, May

6, 1997). Coho populations in California

have not been monitored closely in the

past, and no forecasts of the ocean

abundance of listed coho originating

from California are available; these runs

have been generally at low abundance

levels for many years.

Oregon coastal and Columbia River

coho stocks are the primary components

of the Oregon Production Index (OPI),

an annual index of coho abundance

from Leadbetter Point, WA, to the U.S.-

Mexico border. The 1998 OPI is forecast

to be 136,500 coho, 71 percent below

the 1997 preseason forecast of 463,800

coho, and 44 percent below the 1997

observed level of 243,400 coho (PRE I).

The 1998 estimate for OCN is 47,200

coho, 45 percent below the 1997

preseason forecast of 86,400 coho, and

70 percent above the 1997 observed

level of 27,800 coho (PRE I). The 1997

spawning escapement of the OCN stock

was 27,800 fish, the smallest for at least

the last 5 years.

Most Washington coastal natural coho

stocks and Puget Sound combined

natural coho stocks are expected to be

less abundant in 1998 than forecast in

1997. The 1998 Willapa Bay hatchery

total ocean stock abundance forecast is

20,800 adults, approximately 71 percent

less than 1997 (PRE I). The prediction

is based upon an average terminal area

return per release (1992–1997) adjusted

by a mean jack return rate for the same

brood years. Willapa Bay coho

production is predominately hatchery

origin, and until 1998, only hatchery

abundance was predicted. This year, the

estimate of natural coho is 3,300. The

estimate of Grays Harbor natural stock

ocean abundance for 1998 is 30,100

adults, an increase of 15 percent from

the 1997 preseason expected abundance

(PRE I). The estimate of hatchery stock

ocean abundance is 25,600 adults, a

decrease of 75 percent from the

preseason 1997 estimate (PRE I). The

Quinault natural coho ocean run size is

6,500 fish, an increase of 225 percent

from the 1997 projected level (PRE I).

The Quinault hatchery coho ocean run

size is forecast at 3,900 fish, a decrease

of 24 percent compared to the 1997

level (PRE I). The Queets natural coho

ocean run size is 4,200 fish, a decrease

of 2 percent from the 1997 projected

level (PRE I). The Queets hatchery coho

ocean run size is forecast at 4,600 fish,

a decrease of 71 percent compared to

the 1997 level (PRE I). The Hoh River

natural coho ocean run size is 3,400

fish, an increase of 21 percent from the

1997 projected level (PRE I). There is no

hatchery production projected for the

Hoh system for 1998. The 1998 forecast

abundance of Quillayute River natural
24976 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

and hatchery components are 10 percent

and 52 percent, respectively, below the

1997 forecast levels (PRE I).

Pink Salmon Stocks

Major pink salmon runs return to the

Fraser River and Puget Sound only in

odd-numbered years. In 1997,

abundance was 8.2 million Fraser River

pink salmon, Puget Sound pink salmon

abundance is not yet available.

Management Measures for 1998

The Council recommended allowable

ocean harvest levels and management

measures for 1998 designed to apportion

the burden of protecting the weak stocks

previously discussed equitably among

ocean fisheries and to allow maximum

harvest of natural and hatchery runs

surplus to inside fishery and spawning

needs. NMFS finds the Council’s

recommendations responsive to the

goals of the FMP, the requirements of

the resource, and the socio-economic

factors affecting resource users. The

recommendations are consistent with

the requirements of the MagnusonStevens Act and other applicable law,

including the ESA and U.S. obligations

to Indian tribes with Federally

recognized fishing rights. Accordingly,

NMFS hearby adopts them.

North of Cape Falcon, Oregon, the

management measures implement the

smallest chinook and coho quotas since

1994 to protect depressed Washington

coastal, Puget Sound, and Oregon

Coastal Natural (OCN) coho stocks.

South of Cape Falcon, the retention of

coho is prohibited for the fourth

consecutive year, and chinook fisheries

are constrained primarily to meet the

Klamath River fall chinook natural

spawner escapement floor and ESA

standards for Sacramento River winter

chinook. These constraints also limit

impacts on threatened Snake River fall

chinook, Southern Oregon/Northern

California Coast coho, and Central

California coho. Size limit, gear, and

seasonal restrictions are intended to

reduce harvest impacts on endangered

Sacramento River winter chinook. The

management measures include a small

selective recreational fishery for marked

hatchery coho in the ocean off the

mouth of the Columbia River.

A. South of Cape Falcon

In the area south of Cape Falcon, the

management measures in this rule

reflect primarily the need to achieve the

minimum spawning escapement goal

floor for Klamath River fall chinook and

the ESA requirements for Sacramento

River winter chinook, southern Oregon/

northern California coast coho and

central California coast coho.

Since completion of the April 30,

1997, supplement to the March 8, 1996,

opinion, NMFS has listed four

populations of steelhead as threatened

under the ESA (62 FR 43937, August 18,

1997, and 63 FR 13347, March 19, 1998)

and proposed seven populations of

chinook for listing (63 FR 11482, March

9, 1998). In a March 4, 1998, letter to the

Council, NMFS provided guidance on

protective measures for listed species

for the 1998 season. NMFS required that

Council fisheries be managed so that the

total ocean exploitation rate on listed

coho from the California component of

the southern Oregon/northern California

coast coho environmentally significant

unit be constrained to 13 percent or less,

the lowest exploitation rate specified

under the rebuilding provisions of the

Council’s recommended Amendment 13

to the FMP. In addition, the retention of

coho in recreational and commercial

fisheries off California is prohibited. In

accordance with the NMFS guidance,

the Council’s recommendations result in

a 12-percent exploitation rate impact for

Rogue/Klamath coho, and retention of

coho south of Cape Falcon is prohibited

for the fourth consecutive year.

Sacramento River winter chinook are

listed as an endangered species under

the ESA. A March 8, 1996, biological

opinion and a February 18, 1997,

addendum require that NMFS reduce all

harvest-related impacts to the

Sacramento River winter chinook

salmon population by a level that would

achieve at least a 31-percent increase in

the spawner-to-spawner replacement

rate over a base period of 1989 through

1993. The increase in the spawner-tospawner replacement rate projected for

1998 is 31.1 percent, which achieves the

minimum 31 percent rate over the base

period.

NMFS concluded that incidental

fishery impacts that occur in the ocean

salmon fishery proposed for the period

from May 1, 1998, through April 30,

1999 (or until the effective date of the

1999 management measures), will not

jeopardize the continued existence of

populations of chinook proposed for

listing.

The Council recommended the

continued use of an increase in the

minimum size limit in the recreational

fishery to 24 inches (61.0 cm) south of

Horse Mountain in conjunction with

restricted seasons to reduce incidental

ocean harvest of Sacramento River

winter chinook. The Council reviewed a

recent California Department of Fish

and Game study on the mortality rate of

salmon released in the California

recreational fishery and revised the

hooking mortality rates associated with

mooching using circle and J hooks

consistent with the study results. The

Council recommended the continuation

of gear restrictions for recreational

fisheries off California, with certain

modifications, to minimize hooking

mortality.

The Council recommended a July 1

through September 7 recreational

fishery between Point Arena and Pigeon

Point in which the bag limit will be the

first two fish caught (excluding coho)

with no minimum size limit. Any coho

salmon caught must be released.

The Council also recommended a

commercial troll test fishery operating

inside six nautical miles from July 5

through July 31 between Fort Ross and

Point Reyes under a 3,000 fish quota.

The test fishery is designed to assess the

relative contribution of Klamath River

fall chinook to the catch of a near-shore

commercial fishery in the test area.

Commercial Troll Fisheries

Retention of coho salmon is

prohibited in all areas south of Cape

Falcon. All seasons listed below are

restricted to all salmon species except

coho salmon. Off California, no more

than six lines are allowed per vessel. Off

Oregon, no more than four spreads are

allowed per line.

From Point Sur, CA, to the U.S.-

Mexico border, the commercial fishery

will open May 1 through September 30.

From Point San Pedro, CA, to Point

Sur, CA, the commercial fishery will

open May 1 through May 31, then

reopen June 16 through September 30.

From Point Reyes to Point San Pedro,

CA, the commercial fishery will open

July 1 through September 30.

From Fort Ross (38°31′00′′ N. lat.) to

Point Reyes, CA, a test troll commercial

fishery inside 6 nautical miles will open

July 5 through the earlier of July 31 or

an overall 3,000 chinook quota. For all

salmon except coho, the season is to be

opened as follows: July 5 through the

earlier of July 11 or 1,000 chinook

quota; July 12 through the earlier of July

18 or 1,000 chinook quota; and July 19

through the earlier of July 25 or the

lesser of a 1,000 chinook quota or the

remainder of the overall 3,000 chinook

quota. If sufficient overall quota

remains, the fishery will reopen on July

26 through the earlier of July 31 or

achievement of the overall 3,000

chinook quota. There is a landing limit

of no more than 30 fish per day. All fish

caught in this area must be landed in

Bodega Bay within 24 hours of each

closure. Fish taken outside this test

fishery may not be landed at Bodega Bay

during the time authorized for the test

fishery landings. These restrictions are

necessary to assure the data collected

from the test fishery are valid.
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24977

From Point Arena to Point Reyes, CA,

the commercial fishery will open

August 1 through September 30.

From Horse Mountain to Point Arena,

CA, the commercial fishery will open

September 1 through September 30.

From the Oregon-California border to

Humboldt South Jetty, CA, the

commercial fishery will open September

1 and continue through the earlier of

September 30 or attainment of the 6,000

chinook quota. Restrictions include a

landing limit of no more than 30 fish

per day; all fish caught in this subarea

must be landed within the subarea; and

closure of the Klamath Control Zone.

Under the State of Oregon regulations,

vessels with fish on board from this area

that are temporarily moored in

Brookings, Oregon, prior to landing in

California must first notify the Chetco

River Coast Guard Station via VHF

channel 22A between the hours of 0500

and 2200 and provide the name of the

vessel, number of fish on board, and

estimated time of arrival.

From Sisters Rocks to Mack Arch, OR,

the commercial fishery will open

August 1 and continue through the

earlier of August 31 or attainment of the

1,400 chinook quota. The fishery will

follow a cycle of 2 days open and 2 days

closed. The days open may be adjusted

inseason, if necessary, to manage the

fishery. The open area is restricted to

only 0 to 4 nautical miles (7.4 km) off

shore. All salmon must be landed and

delivered to Gold Beach, Port Orford, or

to Brookings within 24 hours of each

closure.

From Humbug Mountain, OR, to the

Oregon-California border, the

commercial fishery opened April 15 and

will continue through the earlier of May

31 or attainment of the 3,600 chinook

quota.

From Heceta Banks (43°58′00′′ N. lat.)

to Humbug Mountain, OR, the

commercial fishery opened April 15 and

will continue through June 30, then

reopen August 1 through August 26, and

then reopen September 1 through

October 31.

From Cape Falcon to Heceta Banks

(43°58′00′′ N. lat.), the commercial

fishery opened on April 15 and will

continue through June 30, then reopen

August 1 through August 28, and then

reopen September 1 through October 31.

See Oregon State regulations for a

description of the time and area closures

at the mouth of Tillamook Bay.

Recreational Fisheries

Retention of coho salmon is

prohibited in all areas south of Cape

Falcon. All seasons listed below are

restricted to all salmon species except

coho salmon. North of Point

Conception, persons fishing for salmon

and persons fishing from a boat with

salmon on board are restricted to no

more than one rod per angler. From

Horse Mountain to Point Conception,

CA, the following restrictions apply:

If angling by any other means than

trolling, then no more than two single

point, single shank, barbless circle

hooks shall be used. The distance

between the two hooks must not exceed

5 in (12.7 cm) when measured from the

top of the eye of the top hook to the

inner base of the curve of the lower

hook, and both hooks must be

permanently tied in place (hard tied). A

circle hook is defined as a hook with a

generally circular shape and a point

which turns inwards, pointing directly

to the shank at a 90 degree angle.

Trolling is defined as: Angling from a

boat or floating device that is moving

forward by means of a source of power

(other than drifting by means of the

prevailing water current or weather

conditions) except when landing a fish.

Exception: Circle hooks are not

required when artificial lures are used

without bait.

From Pigeon Point, CA, to the U.S.-

Mexico border, the recreational fishery

which opened on March 14 will

continue through September 7 with a 2-

fish daily bag limit and a 24 in (61.0 cm)

minimum size limit.

From Point Arena to Pigeon Point,

CA, the recreational fishery which

opened on March 28 will continue

through November 1 with a 2-fish daily

bag limit and a 24 in (61.0 cm)

minimum size limit. Except from July 1

through September 7, the bag limit will

be the first two fish other than coho and

no size limit. Sacramento Control Zone

will be closed from the season opening

through March 31.

From Horse Mountain to Point Arena,

CA, the recreational fishery which

opened on February 14 will continue

through July 5, then reopen August 1

through November 15 (the nearest

Sunday to November 15) with a 2-fish

daily bag limit and a 24 in (61.0 cm)

minimum size limit for both seasons.

From Humbug Mountain, OR, to

Horse Mountain, CA, the recreational

fishery will open May 23 through June

10, then reopen June 21 through July 5

and August 11 through September 13.

All seasons include a one-fish daily bag

limit, but no more than four fish in

seven consecutive days; the Klamath

Control Zone closed in August.

From Cape Falcon to Humbug

Mountain, OR, the recreational fishery,

which opened April 15, will continue

through July 5, then reopen August 1

through October 31. Both seasons

include a 2-fish daily bag limit, but no

more than six fish in 7 consecutive

days. Legal gear is limited to artificial

lures and plugs of any size, or bait no

less than 6 inches (15.2 cm) long

(excluding hooks and swivels). All gear

must have no more than two single

point, single shank barbless hooks;

divers are prohibited; and flashers may

be used only with downriggers.

B. North of Cape Falcon

From the U.S.-Canada border to Cape

Falcon, ocean fisheries are managed to

protect depressed lower Columbia River

fall chinook salmon and Washington

coastal and Puget Sound natural coho

salmon stocks and to meet ESA

requirements for Snake River fall

chinook salmon. Ocean treaty and nontreaty harvests and management

measures were based in part on

negotiations between Washington State

fishery managers, commercial and

recreational fishing groups, and the

Washington coastal, Puget Sound, and

Columbia River treaty Indian tribes as

authorized by the U.S. District Court in

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

Hoh Indian Tribe v. Baldrige.

All non-treaty commercial troll and

recreational ocean fisheries will be

limited by either an overall 10,000

chinook quota, or impacts on critical

Washington coastal and Puget Sound

natural stocks equivalent to the

preseason coho quota of 16,000. A

preseason trade was made of 4,000 coho

from the commercial troll fishery to the

recreational fishery for 1,500 chinook.

Between Leadbetter Point and Cape

Falcon, the recreational coho fishery

will be a selective fishery for marked

hatchery coho.

Commercial Troll Fisheries

The commercial troll fishery for all

salmon except coho will open between

the U.S.-Canada border and Cape

Falcon, OR, on May 1 and continue

through June 15 or attainment of the

6,500 chinook quota. The Columbia

Control Zone is closed.

Recreational Fisheries

Recreational fisheries are divided into

four subareas: Opening dates, subarea

quotas, bag limits, and area and gear

restrictions are described below. The

fisheries in open subareas will begin on

August 3 and continue through the

earlier of September 24 or attainment of

the respective subarea coho quota. The

recreational fisheries will be limited by

overall catch quotas of 3,500 chinook

and 16,000 coho. Chinook guidelines for

the three subareas between Cape Alava,

WA, and Cape Falcon, OR, will provide

a basis for inseason management
24978 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

measures to restrain chinook harvest but

will not serve as quotas.

From Leadbetter Point, WA, to Cape

Falcon, OR, the fishery will be for all

salmon with a 8,000 coho subarea quota

(1,000 coho of this quota are allocated

to hook-and-release mortality due to the

selective fishery regulation), open

Sunday through Thursday only, with a

2-fish daily bag limit, but no more than

1 chinook a day. All retained coho must

have a healed adipose fin clip, no more

than four fish may be retained in a

calender week (Sunday through

Saturday), and the area is closed in the

Columbia Control Zone. Inseason

management may be used to sustain

season length and keep harvest within

a guideline of 1,050 chinook.

From the Queets River to Leadbetter

Point, WA, the fishery will be for all

salmon with a 7,400 coho subarea quota,

open Sunday through Thursday only,

with a two-fish daily bag limit, but no

more than 1 chinook and no more than

four fish in a calender week (Sunday

through Saturday), and closed 0 to 3

miles (4.8 km) off shore. Inseason

management may be used to sustain

season length and keep harvest within

a guideline of 2,350 chinook.

From Cape Alava to the Queets River,

WA, the fishery will be for all salmon

with a 600 coho subarea quota, open 7

days per week with a 2-fish daily bag

limit. Inseason management may be

used to sustain season length and keep

harvest within a guideline of 100

chinook.

From the U.S.-Canada border to Cape

Alava, WA, the fishery will be closed.

Treaty Indian Fisheries

Ocean salmon management measures

proposed by the treaty Indian tribes are

part of a comprehensive package of

treaty Indian and non-treaty salmon

fisheries in the ocean and inside waters

agreed to by the various parties. Treaty

troll seasons, minimum length

restrictions, and gear restrictions were

developed by the tribes and agreed to by

the Council. Treaty Indian troll fisheries

north of Cape Falcon are governed by

quotas of 15,000 chinook (10,000 for the

May-June chinook-directed fishery and

5,000 for the August-September allsalmon fishery) and 10,000 coho. The

all-salmon-except-coho seasons open

May 1 and extend through June 30 or

until the overall harvest guideline of

10,000 chinook is reached, whichever is

earlier. The all-salmon seasons open

August 1 and extend through the

earliest of September 15 or attainment of

the chinook or coho quotas. If the

chinook quota from the May-June

fishery is not fully utilized, the excess

fish may not be rolled into the later allsalmon season. The minimum length

restrictions for all treaty ocean fisheries,

excluding ceremonial and subsistence

harvest, is 24 in (61.0 cm) for chinook

and 16 in (40.6 cm) for coho.

1999 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, 1999 fishing

season openings earlier than May 1 are

also established in this notification. The

Council recommended and NMFS

concurs that the following seasons will

open off California in 1999. The

following recreational seasons have twofish daily bag limits and a minimum

size limit of 24 in (61.0 cm) for chinook

salmon (see special gear restrictions

B.5). From Pigeon Point to the U.S.-

Mexico border, a recreational fishery for

all salmon except coho will open on

March 13. From Point Arena to Pigeon

Point, a recreational fishery for all

salmon, except coho, will open on

March 27. From Horse Mountain to

Point Arena, a recreational fishery for

all salmon, except coho, will open on

February 13. An experimental fishery

will open between Point Sur and the

U.S.-Mexico Border for all salmon,

except coho, from April 2 through the

earlier of April 29 or achievement of a

chinook quota. The experimental fishery

is intended to evaluate the contribution

of Sacramento River winter chinook to

the commercial catch south of Point Sur

during the month of April. Details

regarding the season, the chinook quota,

and participating vessels will be

determined through an inseason

recommendation of the Council at the

November 1998 meeting. At the March

1999 meeting, the Council will consider

in season recommendations to establish

or modify management measures for an

all-salmon-except-coho fishery prior to

May 1, in areas off Oregon.

The following tables and text are the

management measures recommended by

the Council and approved by NMFS for

1998 and, as specified, for 1999.

TABLE 1.—COMMERCIAL MANAGEMENT MEASURES FOR 1998 OCEAN SALMON FISHERIES

[Note: This table contains important restrictions in parts A, B, C, and D which must be followed for lawful participation in the fishery.]

A. SEASON DESCRIPTION

North of Cape Falcon

U.S.-Canada Border to Cape Falcon

May 1 through earlier of June 15 or 6,500 chinook quota. All salmon except coho. Following any closure of this fishery, vessels must

land and deliver the fish within 48 hours of the closure. Columbia Control Zone is closed (C.7.).

South of Cape Falcon

Cape Falcon to Heceta Banks (43°58′00′′ N. lat.)

April 15 through June 30; August 1 through August 28; and September 1 through October 31. All salmon except coho. See Oregon

State regulations for a description of the time and area closures at the mouth of Tillamook Bay. See gear restriction (C.3.a.).

Heceta Banks (43°58′00′′ N. lat.) to Humbug Mountain

April 15 through June 30; August 1 through August 26; and September 1 through October 31. All salmon except coho. See gear restriction (C.3.a.).

Humbug Mountain to the Oregon-California Border

April 15 through earlier of May 31 or 3,600 chinook quota. All salmon except coho. See gear restriction (C.3.a.).

Sisters Rocks to Mack Arch

August 1 through earlier of August 31 or 1,400 chinook quota. All salmon except coho. Season to follow a cycle of 2 days open/2 days

closed (August 1–2; 5–6; 9–10; 13–14; 17–18; etc.) and may be modified inseason. Open only 0–4 nautical miles (7.4 km) off shore.

All salmon must be landed and delivered to Gold Beach, Port Orford or Brookings within 24 hours of each closure. See gear restriction

(C.3.a.).

Oregon-California Border to Humboldt South Jetty
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24979

TABLE 1.—COMMERCIAL MANAGEMENT MEASURES FOR 1998 OCEAN SALMON FISHERIES—Continued

[Note: This table contains important restrictions in parts A, B, C, and D which must be followed for lawful participation in the fishery.]

September 1 through earlier of September 30 or 6,000 chinook quota. All salmon except coho. Landing limit of no more than 30 fish

per day. Klamath Control Zone closed (C.7.). All fish caught in this area must be landed within this area. Under the State of Oregon

regulations, vessels with fish on board from this area that are temporarily moored in Brookings, Oregon prior to landing in California

must first notify the Chetco River Coast Guard Station via VHF channel 22A between the hours of 0500 and 2200 and provide the

name of the vessel, number of fish on board, and estimated time of arrival. See gear restriction (C.3.b.).

Horse Mountain to Point Arena

September 1 through September 30. All salmon except coho. See gear restriction (C.3.b.).

Point Arena to Point Reyes

August 1 through September 30. All salmon except coho. See gear restriction (C.3.b.).

Fort Ross (38°31′00′′ N. lat.) to Point Reyes (test fishery inside 6 nautical miles (11.1 km))

July 5 through earlier of July 31 or an overall 3,000 chinook quota. All salmon except coho. Season to be opened as follows: July 5

through earlier of July 11 or 1,000 chinook quota; July 12 through earlier of July 18 or 1,000 chinook quota; and July 19 through earlier

of July 25 or the lesser of a 1,000 chinook quota or the remainder of the overall 3,000 chinook quota. If sufficient overall quota remains, the fishery will reopen on July 26 through the earlier of July 31 or achievement of the overall quota. Open only inside 6 nautical

miles (11.1 km) off shore. Landing limit of no more than 30 fish per day. All fish caught in this area must be landed in Bodega Bay

within 24 hours of each closure. Fish taken outside the test fishery may not be landed at Bodega Bay during the time authorized for

test fishery landings. See gear restriction (C.3.b.).

Point Reyes to Point San Pedro

July 1 through September 30. All salmon except coho. See gear restriction (C.3.b.).

Point San Pedro to Point Sur (36°18′00′′ N. lat.)

May 1 through May 31; June 16 through September 30. All salmon except coho. See gear restriction (C.3.b.).

Point Sur (36°18′00′′ N. lat.) to U.S.-Mexico Border

May 1 through September 30. All salmon except coho. See gear restriction (C.3.b.).

Point Sur (36°18′00′′ N. lat.) to U.S.-Mexico Border in 1999

April 2 through the earlier of April 29 or achievement of a chinook quota. All salmon except coho. The details of the season and the

chinook quota will be determined through an inseason recommendation of the Council at its November 1998 meeting. See gear restriction (C.3.b.).

B. MINIMUM SIZE LIMITS (INCHES)

Area

(when open)

Chinook Coho

Pink Total

length Head-off Totallength Head-off

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

Cape Falcon to Oregon-California Border* .................................................................. *26.0 *19.5 ................ ................ None.

South of Oregon-California Border* ............................................................................. *26.0 *19.5 ................ ................ None.

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

when the season is closed north of Cape Falcon.

Metric equivalents for chinook: 28.0 inches=71.1 cm, 26.0 inches=66.0 cm, 21.5 inches=54.6 cm, 19.5 inches=49.5 cm.

C. SPECIAL REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS

C.1. Hooks—Single point, single shank barbless hooks are required.

C.2. Spread—A single leader connected to an individual lure or bait.

C.3. Line, Spread and Gear Restrictions:

a. Off Oregon south of Cape Falcon, no more than 4 spreads are allowed per line.

b. Off California, no more than 6 lines are allowed per vessel.

C.4. Compliance with Minimum Size or Other Special Restrictions—All salmon on board a vessel must meet the minimum size or other special requirements for the area being fished and the area in which they are landed if that area is open. Salmon may be landed in an

area that is closed only if they meet the minimum size or other special requirements for the area in which they were caught.

C.5. Transit Through Closed Areas with Salmon on Board—It is unlawful for a vessel to have troll gear in the water while transiting any area

closed to salmon fishing while possessing salmon.

C.6. Notification When Unsafe Conditions Prevent Compliance with Regulations—A vessel is exempt from meeting special management

area landing restrictions if prevented by unsafe weather conditions or mechanical problems from meeting those restrictions, and it

complies with the State of Washington’s, Oregon’s, or California’s requirement to notify the U.S. Coast Guard and receive acknowledgement 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. Control Zone Definitions:

Columbia Control Zone—The ocean area at the Columbia River mouth bounded by a line extending for 6 nautical miles (11.1km) due

west from North Head along 46°18′00′′ N. lat. to 124°13′18′′ W. long., then southerly to 46°13′24′′ N. lat. and 124°11′00′′ W. long.

(green, Columbia River Entrance Lighted Bell Buoy #1), then southerly to 46°13′06′′ N. lat. and 124°11′00′′ W. long. (red, Columbia

River Approach Lighted Whistle Buoy), then northeast along red buoy line to the tip of the south jetty.

Klamath Control Zone—The ocean area at the Klamath River mouth bounded on the north by 41°38′48′′ N. lat. (approximately 6 nautical miles (11.1 km) north of the Klamath River mouth), on the west by 124°23′00′′ W. long. (approximately 12 nautical miles (22.2

km) off shore), and on the south by 41°26′48′′ N. lat. (approximately 6 nautical miles (11.1 km) south of the Klamath River mouth).

C.8. Incidental Halibut Harvest—The operator of a vessel that has been issued an incidental halibut harvest license may retain Pacific halibut caught incidentally in Area 2A, during authorized periods, while trolling for salmon. Incidental harvest is authorized only during

May and June troll seasons and after July 31 if quota remains and if announced on the NMFS hotline (phone 800–662–9825).
24980 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

Incidental harvest: license holders may land no more than 1 halibut per each 8 chinook, except 1 halibut may be landed without meeting the ratio requirement, and no more than 25 halibut may be landed per trip. Halibut retained must meet the minimum size limit of

32 inches (81.3 cm). The Oregon Department of Fish and Wildlife and the Washington Department of Fish and Wildlife will monitor

landings and if they are projected to exceed the 25,344 pound (11.5 mt) preseason allocation or the Area 2A non-Indian commercial

total allowable catch of halibut, NMFS will take inseason action to close the incidental halibut fishery.

License applications for incidental harvest must be obtained from the International Pacific Halibut Commission (phone 206–634–1838).

Applicants must apply prior to April 1 of each year.

C.9. Inseason Management—In addition to standard inseason actions or inseason modifications already noted under the season description,

the Council will consider inseason recommendations to: (1) establish the chinook quota season opening April 2 and modify other season restrictions for the fishery off California between Point Sur and the U.S.-Mexico border, and (2) open the commercial season for

all salmon except coho prior to May 1 in areas off Oregon.

C.10. Consistent with Council management objectives, the State of Oregon may establish additional late-season, chinook-only fisheries in

state waters. Check state regulations for details.

C.11. For the purposes of California Department of Fish and Game Code, Section 8232.5, the definition of the Klamath management zone for

the ocean salmon season shall be that area from Humbug Mountain, Oregon to Horse Mountain, California.

D. QUOTAS

D.1. North of Cape Falcon—All non-treaty troll and recreational ocean fisheries will be limited by overall quotas of either 10,000 chinook or

16,000 coho. Preseason species trade of 4,000 coho to the recreational fishery for 1,500 chinook to the commercial fishery. Therefore, the troll fishery will be limited by overall catch quotas of 6,500 chinook and 0 coho.

D.2. Humbug Mountain to Oregon-California Border—The troll fishery will be limited by a catch quota of 3,600 chinook.

D.3. Sisters Rocks to Mack Arch—The troll fishery will be limited by a catch quota of 1,400 chinook.

D.5. Oregon-California Border to Humboldt South Jetty—The troll fishery will be limited by a catch quota of 6,000 chinook.

D.6. Fort Ross to Point Reyes—The troll fishery will be limited by an overall catch quota of 3,000 chinook.

D.7. Point Sur to U.S.-Mexico Border—The troll fishery in April 1999 will be limited by a chinook catch quota to be determined by the Council at its November 1998 meeting.

TABLE 2.—RECREATIONAL MANAGEMENT MEASURES FOR 1998 OCEAN SALMON FISHERIES

[Note: This table contains important restrictions in parts A, B, C, and D which must be followed for lawful participation in the fishery.]

A. SEASON DESCRIPTION

North of Cape Falcon

U.S.-Canada Border to Cape Alava

Closed.

Cape Alava to Queets River

August 3 through earlier of September 24 or 600 coho subarea quota. All salmon. Open 7 days per week. 2 fish per day. 1 rod per angler. Inseason management (C.6.) may be used to sustain season length and keep harvest within a guideline of 100 chinook.

Queets River to Leadbetter Point

August 3 through earlier of September 24 or 7,400 coho subarea quota. All salmon. Open Sunday through Thursday 2 fish per day,

but no more than 1 chinook per day and no more than 4 fish per calendar week (Sunday through Saturday). Closed 0–3 miles (4.8 km)

off shore. 1 rod per angler. Inseason management (C.6.) may be used to sustain season length and keep harvest within a guideline of

2,350 chinook.

Leadbetter Point to Cape Falcon

August 3 through earlier of September 24 or 7,000 coho subarea quota (D.2.). All salmon. Open Sunday through Thursday 2 fish per

day, but no more than 1 chinook per day and all retained coho must have a healed adipose fin clip. No more than 4 fish per calendar

week (Sunday through Saturday). 1 rod per angler. Columbia Control Zone is closed (C.5.). Inseason management (C.6.) may be used

to sustain season length and keep harvest within a guideline of 1,050 chinook.

South of Cape Falcon

Cape Falcon to Humbug Mountain

April 15 through July 5 and August 1 through October 31. All salmon except coho. Two fish per day. No more than 6 fish in 7 consecutive days. 1 rod per angler. Legal gear limited to: artificial lures and plugs of any size or bait no less than 6 inches (15.2 cm) long (excluding hooks and swivels). All gear must have no more than 2 single point, single shank barbless hooks. Divers are prohibited and

flashers may only be used with downriggers. See Oregon State regulations for a description of a closure at the mouth of Tillamook

Bay.

In 1999, the season does not open until May 1, or another date specified in the 1999 management measures, unless it is opened by

inseason management (C.6.).

Humbug Mountain to Horse Mountain

May 23 through June 10; June 21 through July 5; August 11 through September 13. All salmon except coho. One fish per day. No

more than 4 fish in 7 consecutive days. Klamath Control Zone (C.5.) closed in August. One rod per angler (C.2.).

Horse Mountain to Point Arena

February 14 through July 5 and August 1 through November 15 (nearest Sunday to November 15). All salmon except coho. 2 fish per

day. Chinook minimum size limit 24 inches. Special gear restriction C.3. (number and type of hooks when angling by means other than

trolling). One rod per angler (C.2.).

In 1999, the season will open February 13 (nearest Saturday to February 15) through April 30 for all salmon except coho, 2 fish per

day, same gear and minimum size restrictions as in 1998.

Point Arena to Pigeon Point

March 28 through November 1 (nearest Sunday to November 1). All salmon except coho. 2 fish per day, chinook minimum size limit

24 inches, except—from July 1 through September 7, the bag limit will be the first 2 fish (excluding coho)(no size limit). One rod per

angler (C.2.). Sacramento Control Zone (C.5.) closed from season opening through March 31. Special gear restriction C.3. (number

and type of hooks when angling by means other than trolling).

In 1999, the season will open March 27 (last Saturday in March) through April 30 with the same regulations that were in effect at the

end of 1998.
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24981

TABLE 2.—RECREATIONAL MANAGEMENT MEASURES FOR 1998 OCEAN SALMON FISHERIES—Continued

[Note: This table contains important restrictions in parts A, B, C, and D which must be followed for lawful participation in the fishery.]

Pigeon Point to U.S.-Mexico Border

March 14 through September 7. All salmon except coho. Two fish per day. Chinook minimum size limit 24 inches. One rod per angler

north of Point Conception (C.2.). Special gear restriction north of Point Conception C.3. (number and type of hooks when angling by

means other than trolling).

In 1999, the season will open March 13 (nearest Saturday to March 15) through April 30 with the same regulations that were in effect

at the end of 1998.

B. MINIMUM SIZE LIMITS

Area

(when open) Chinook Coho Pink

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

Cape Falcon to Horse Mountain .................................................................................... 20.0 ................ None, except 20.0 off California.

South of Horse Mountain* .............................................................................................. *24.0 ................ 20.0.

*Except July 1 through September 7 during the ‘‘first 2 fish bag limit’’ south of Point Arena to Pigeon Point.

Metric equivalents for chinook: 24.0 inches=61.0 cm, 20.0 inches=50.8 cm.

Metric equivalents for coho: 16.0 inches=40.6 cm.

Metric equivalents for pink: 20.0 inches=50.8 cm.

C. SPECIAL REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS

C.1. Hooks—Single point, single shank barbless hooks are required for all fishing gear north of Point Conception, California. Oregon Department of Fish and Wildlife regulations in the state-water fishery off Tillamook Bay may allow the use of barbed hooks to be consistent

with inside regulations.

C.2. Restriction on Number of Fishing Rods North of Point Conception, California—All persons fishing for salmon, and all persons fishing

from a boat with salmon on board, may use no more than one rod per angler.

C.3. Special Gear Restrictions Between Horse Mountain and Point Conception, California:

If angling by any other means than trolling, then no more than 2 single point, single shank, barbless circle hooks shall be used. The

distance between the 2 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). A circle hook is defined as a

hook with a generally circular shape and a point which turns inwards, pointing directly to the shank at a 90° angle. Trolling defined:

Angling from a boat or floating device that is moving forward by means of a source of power (other than drifting by means of the prevailing water current or weather conditions) except when landing a fish.

Exception: Circle hooks are not required when artificial lures are used without bait.

C.4. Compliance with Minimum Size or Other Special Restrictions—All salmon on board a vessel must meet the minimum size or other special requirements for the area being fished. Salmon may be landed in an area that is closed only if they meet the minimum size or

other special requirements for the area in which they were caught.

C.5. Control Zone Definitions:

Columbia Control Zone—The ocean area at the Columbia River mouth bounded by a line extending for 6 nautical miles (11.1 km) due

west from North Head along 46°18′00′′ N. lat. to 124°13′18′′ W. long., then southerly to 46°13′24′′ N. lat. and 124°11′00′′ W. long.

(green, Columbia River Entrance Lighted Bell Buoy #1), then southerly to 46°11′06′′ N. lat. and 124°11′00′′ W. long. (red, Columbia

River Approach Lighted Whistle Buoy), then northeast along red buoy line to the tip of the south jetty.

D. QUOTAS

Klamath Control Zone—The ocean area at the Klamath River mouth bounded on the north by 41°38′48′′ N. lat. (approximately 6 nautical miles (11.1 km) north of the Klamath River mouth), on the west by 124°23′00′′ W. long. (approximately 12 nautical miles (22.2

km) off shore), and on the south by 41°26′48′′ N. lat. (approximately 6 nautical miles (11.1 km) south of the Klamath River mouth).

Sacramento Control Zone—The ocean area bounded by a line commencing at Bolinas Point (Marin County, 37°54′17′′ N. lat.,

122°43′35′′ W. long.) southerly to Duxbury Buoy (37°51′37′′ N. lat., 122°41′43′′ W. long.) to Channel Buoy 1 (37°46′10′′ N. lat.,

122°37′56′′ W. long,) to Channel Buoy 2 (37°45′48′′ N. lat., 122°37′44′′ W. long,) to Point San Pedro (San Mateo County, 37°35′40′′

N. lat., 122°31′10′′ W. long.).

C.6. Inseason Management—Regulatory modifications may become necessary inseason to meet preseason management objectives such

as quotas, harvest guidelines and season duration. Actions could include modifications to bag limits or days open to fishing, and extensions or reductions in areas open to fishing. At the March 1999 meeting, the Council will consider an inseason recommendation to

open seasons for all salmon except coho prior to May 1 in areas off Oregon.

The procedure for inseason coho transfer among recreational subareas north of Cape Falcon will be:

After conferring with representatives of the affected ports and the Salmon Advisory Subpanel recreational representatives north of Cape

Falcon, NMFS may transfer coho inseason among recreational subareas to help meet the recreational season duration objectives (for

each subarea). Any transfers between subarea quotas of 5,000 fish or less shall be done on a fish-for-fish basis.

C.7. Additional Seasons in State Territorial Waters—Consistent with Council management objectives, the states of Washington and Oregon

may establish limited seasons in state waters. Oregon state-water fisheries are limited to chinook salmon. Check state regulations for

details.

D.1. North of Cape Falcon—All non-treaty troll and recreational ocean fisheries will be limited by overall quotas of either 10,000 chinook or

16,000 coho. Preseason species trade: 1,500 chinook to the commercial fishery are exchanged for 4,000 coho to the recreational

fishery. Therefore, the recreational fishery will be limited by overall catch quotas of 3,500 chinook and 16,000 coho.

Note: A coho allocation for the subarea from the U.S.-Canada border to Cape Alava would be too small to allow a one-day fishery.

Representatives from this subarea agreed to allocate all of the ocean quota of coho for the subarea north of the Queets River to the

subarea from Cape Alava to the Queets River in view that the area north of Cape Alava has access to the fishery in Washington

State Statistical Area 4B.

D.2. Leadbetter Point to Cape Falcon—The coho allocation for this subarea is 8,000 coho. However, 1,000 coho of this quota are allocated

to hook-and-release mortality due to the selective fishery regulation. Therefore, the recreational fishery will be limited by a subarea

catch quota of 7,000 coho.
24982 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

TABLE 3.—TREATY INDIAN MANAGEMENT MEASURES FOR 1998 OCEAN SALMON FISHERIES

[Note: This table contains important restrictions in parts A, B, and C which must be followed for lawful participation in the fishery.]

A. SEASON DESCRIPTIONS

Tribe and area boundaries Open seasons Salmon species

Minimum size limit

(inches *) Special restrictions by area

Chinook Coho

MAKAH—That portion of the

Fishery Management Area

north of 48°02′15′′ N. lat.

(Norwegian Memorial) and

east of 125°44′00′′ W. long.

May 1 through earlier of June

30 or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho .........

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

24

24

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

16

Barbless hooks. No more than

8 fixed lines per boat or no

more than 4 hand-held lines

per person.

QUILEUTE—That portion of

the FMA between 48°07′36′′

N. lat. (Sand Pt.) and

47°31′42′′ N. lat. (Queets

River) and east of

125°44′00′′ W. long.

May 1 through earlier of June

30 or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho .........

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

24

24

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

16

Barbless hooks. No more than

8 fixed lines per boat.

HOH—That portion of the

FMA between 47°54′18′′ N.

lat. (Quillayute River) and

47°21′00′′ N. lat. (Quinault

River) and east of

125°44′00′′ W. long.

May 1 through earlier of June

30 or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho .........

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

24

24

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

16

Barbless hooks. No more than

8 fixed lines per boat.

QUINAULT—That portion of

the FMA between 47°40′06′′

N. lat. (Destruction Island)

and 46°53′18′′ N. lat. (Point

Chehalis) and east of

125°44′00′′ W. long.

May 1 through earlier of June

30 or chinook quota.

August 1 through earliest of

September 15 or chinook or

coho quota.

All except coho .........

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

24

24

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

16

Barbless hooks. No more than

8 fixed lines per boat.

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

B. SPECIAL REQUIREMENTS, RESTRICTIONS, AND EXCEPTIONS

B.1. All boundaries may be changed to include such other areas as may hereafter be authorized by a federal court for that tribe’s treaty fishery.

B.2. Applicable lengths, in inches, for dressed, head-off salmon, are 18 inches (45.7 cm) for chinook and 12 inches (30.5 cm) for coho. Minimum size and retention limits for ceremonial and subsistence harvest are as follows:

Makah Tribe—None

Quileute, Hoh and Quinault tribes—Not more than 2 chinook longer than 24 inches in total length may be retained per day. Chinook

less than 24 inches total length may be retained.

B.3. The area within a 6-mile (9.7 km) radius of the mouths of the Queets River (47°31′42′′ N. lat.) and the Hoh River (47°45′12′′ N. lat.) will

be closed to commercial fishing. A closure within 2 miles (3.2 km) of the mouth of the Quinault River (47°21′00′′ N. lat.) may be enacted by the Quinault Nation and/or the State of Washington and will not adversely affect the Secretary of Commerce’s management

regime.

C. QUOTAS

C.1. The overall treaty troll ocean quotas are 15,000 chinook and 10,000 coho. The overall chinook quota is divided into 10,000 chinook for

the May–June all-salmon-except-coho fishery and 5,000 chinook for the August–September all-salmon season. If the chinook quota

from the May-June fishery is not fully utilized, the excess fish may not be rolled into the later all-salmon season. These quotas include troll catches by the S’Klallam and Makah tribes in Washington State Statistical Area 4B.

Halibut Retention

Under the authority of the Northern

Pacific Halibut Act, regulations

governing the Pacific halibut fishery

were published in the Federal Register

on March 18, 1997 (62 FR 12759). These

regulations appear at 50 CFR part 300.

The regulations state that vessels

participating in the salmon troll fishery

in Area 2A (all waters off the States of

Washington, Oregon, and California),

which have obtained the appropriate

International Pacific Halibut

Commission (IPHC) license, may retain

halibut caught incidentally during

authorized periods in conformance with

provisions published with the annual

salmon management measures. A

salmon troller may participate in the

halibut incidental catch fishery during

the salmon troll season or in the

directed commercial fishery targeting

halibut, but not both.

The following measures have been

approved. The operator of a vessel who

has been issued an incidental halibut

harvest license by the IPHC may retain

Pacific halibut caught incidentally in

Area 2A, during authorized periods,

while trolling for salmon. Incidental

harvest is authorized only during May

and June troll seasons and after July 31

if halibut quota remains and if

announced on the NMFS hotline (phone

800–622–9825). License holders may

land no more than 1 halibut per each 8

chinook, except 1 halibut may be landed

without meeting the ratio requirement,

and no more than 25 halibut may be

landed per trip. Halibut retained must

meet the minimum size limit of 32

inches (81.3 cm). The Oregon

Department of Fish and Wildlife and

Washington Department of Fish and

Wildlife will monitor landings and, if

they are projected to exceed the 25,344-

pound (11.5-mt) preseason allocation or

the Area 2A non-Indian commercial

total allowable catch of halibut, NMFS

will take inseason action to close the

incidental halibut fishery. License
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24983

applications for incidental harvest must

be obtained from the IPHC. Applicants

must apply prior to April 1 of each year.

Gear Definitions and Restrictions

In addition to the gear restrictions

shown in Tables 1, 2, and 3, the

following gear definitions and

restrictions will apply.

Troll Fishing Gear

Troll fishing gear for the fishery

management area (FMA) is defined as

one or more lines that drag hooks

behind a moving fishing vessel.

In that portion of the FMA off Oregon

and Washington, the line or lines must

be affixed to the vessel and must not be

intentionally disengaged from the vessel

at any time during the fishing operation.

Recreational Fishing Gear

Recreational fishing gear for the FMA

is defined as angling tackle consisting of

a line with no more than one artificial

lure or natural bait attached.

In that portion of the FMA off Oregon

and Washington, the line must be

attached to a rod and reel held by hand

or closely attended; the rod and reel

must be held by hand while playing a

hooked fish. No person may use more

than one rod and line while fishing off

Oregon or Washington.

In that portion of the FMA off

California, the line must be attached to

a rod and reel held by hand or closely

attended. Weights directly attached to a

line may not exceed 4 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 that can

reasonably be expected to result in the

catching, taking, or harvesting of fish.

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

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

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

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

Heceta Banks ............... 43°58′00′′ N. lat.

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

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

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

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

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

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

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

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

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

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

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

Point Sur ...................... 36°18′00′′ N. lat.

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

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 E.O. 12866.

Section 660.411 of title 50, Code of

Federal Regulations, requires NMFS to

publish an action implementing

management measures for ocean salmon

fisheries each year and, if time allows,

invite public comment prior to the

effective date. Section 660.411 further

states that if, for good cause, an action

must be filed without affording a prior

opportunity for public comment, the

measures will become effective;

however, public comments on the

action will be received for a period of

15 days after filing of the action with the

Office of the Federal Register.

Because many ocean salmon seasons

are scheduled to start May 1, the

management measures must be in effect

by this date. Each year the schedule for

establishing the annual management

measures begins in February with the

compilation and analysis of biological

and socio-economic data for the

previous year’s fishery and salmon stock

abundance estimates for the current

year. These documents are made

available and distributed to the public

for review and comment. Two meetings

of the Council follow, one in March and

one in April. These meetings are open

to the public and public comment on

the salmon management measures is

encouraged. In 1998, the Council

recommended management measures

near the conclusion of its meeting on

April 10, which resulted in a short time

frame for implementation.

In some areas, the season in 1998,

compared with 1997, starts later than

May 1; the season starts on May 1 in

1998 where no season existed in 1997;

or the season started before May 1 in

1998 and continuing regulations are

required to prevent disruption of the

fishery. A delay in implementation of

the management measures would allow

inappropriate openings or closures in

some areas, thereby disregarding the

needs of the various stocks and causing

adverse impacts not contemplated in the

design of the 1998 management

measures. In light of the limited

available time and the adverse effect of

delay, it is contrary to the public

interest to delay implementation of the

management measures. Therefore,

NMFS has determined that good cause

exists to waive the requirements of 50

CFR 660.411 and 5 U.S.C. 553(b) for

prior notice and opportunity for prior

public comments. For the same reasons,

NMFS has determined that good cause

exists under 5 U.S.C. 553(d)(3) to waive

the 30-day delay in effectiveness. For

this action, NMFS will receive public

comments for 15 days from the date of

filing this action with the Office of the

Federal Register.

The Council’s Salmon Technical

Team (STT) analyzed the impact of the

ocean commercial and recreational

salmon seasons on the Sacramento River

winter chinook (listed as endangered in

January 1994), Snake River wild fall

chinook (listed as threatened in April

1992), and southern Oregon/northern

California coast coho (listed as

threatened in April 1997).

In a March 8, 1996, biological opinion

and in a February 18, 1997, addendum,

NMFS considered the impacts to salmon

species listed under the ESA resulting

from fisheries conducted in

conformance with the FMP. A

supplemental biological opinion and

conference were issued April 30, 1997,

which addressed impacts to newly

listed species of coho and steelhead for

the period May 1, 1997, through April

30, 1998. Since the issuance of the April

30, 1997, opinion, NMFS has listed four

additional populations of steelhead as

threatened under the ESA and proposed

seven populations of chinook for listing.

NMFS prepared a supplemental

biological opinion dated April 30, 1998,

which addresses the potential effects of

ocean salmon fisheries to newly listed

species under the ESA, which

concludes that incidental fishery

impacts that occur in the ocean salmon

fishery will not jeopardize the

continued existence of central California

coast coho, southern Oregon/northern
24984 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

California coast coho, Umpqua River

searun cutthroat trout, or any of the

listed populations of steelhead. In

addition, NMFS sent a March 4, 1998,

letter to the Council, summarizing its

guidance on protective measures for

listed species and species that may be

listed during the 1998 fishing season.

The Council’s recommended

management measures comply with

NMFS guidance, reasonable and

prudent alternatives of jeopardy

decisions, and the incidental take

conditions in the biological opinions.

For Snake River fall chinook, the STT

estimated a 53 percent Snake River fall

chinook index for the ocean exploitation

rate for all ocean fisheries under the

Council’s recommended management

measures compared to NMFS jeopardy

standard of ≤±70 percent of the 1988–

1993 average. For Sacramento River

winter chinook, it is expected that the

required 31 percent increase in the

spawner-to-spawner replacement rate

over the 1989–1993 base period will be

achieved. The Council’s recommended

management measures result in a 12

percent exploitation rate for Rogue/

Klamath hatchery coho stocks, and no

retention of coho in all areas south of

Cape Falcon for the fourth consecutive

year.

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

Dated: April 30, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–11957 Filed 4–30–98; 4:34 pm]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

050198A]

Fisheries of the Economic Exclusive

Zone Off Alaska; Shallow-water

Species Fishery by Vessels using

Trawl Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

shallow-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA), except for vessels fishing for

pollock using pelagic trawl gear in those

portions of the GOA open to directed

fishing for pollock. This action is

necessary because the second seasonal

bycatch allowance of Pacific halibut

apportioned to the shallow-water

species fishery in the GOA has been

caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 2, 1998, until 1200

hrs, A.l.t., July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7447.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The prohibited species bycatch

mortality allowance of Pacific halibut

for the GOA trawl shallow-water species

fishery, which is defined at

§ 679.21(d)(3)(iii)(A), was established by

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) for the second season,

which ends June 30, 1998, as 100 mt.

In accordance with § 679.21(d)(7)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 1998 Pacific

halibut bycatch mortality allowance

specified for the trawl shallow-water

species fishery in the GOA has been

caught. Consequently, NMFS is

prohibiting directed fishing for the

shallow-water species fishery by vessels

using trawl gear in the GOA, except for

vessels fishing for pollock using pelagic

trawl gear in those portions of the GOA

open to directed fishing for pollock. The

species and species groups that

comprise the shallow-water species

fishery are: pollock, Pacific cod,

shallow-water flatfish, flathead sole,

Atka mackerel, and ‘‘other species’’.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately in order to

prevent overharvesting the second

seasonal bycatch allowance of Pacific

halibut apportioned to the shallowwater species fishery in the GOA. A

delay in the effective date is

impracticable and contrary to the public

interest. The fleet has already taken the

second seasonal bycatch allowance of

Pacific halibut. Further delay would

only result in the 1998 Pacific halibut

bycatch allowance specified for the

trawl shallow-water species fishery in

the GOA being exceeded. NMFS finds

for good cause that the implementation

of this action can not be delayed for 30

days. Accordingly, under 5 U.S.C.

553(d), a delay in the effective date is

hereby waived.

This action is required by § 679.21

and is exempt from review under E.O.

12866.

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

Dated: May 1, 1998.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–12002 Filed 5–1–98; 3:00 pm]

BILLING CODE 3510–22–F