[Federal Register Volume 63, Number 87 (Wednesday, May 6, 1998)]
[Rules and Regulations]
[Pages 24973-24984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11957]


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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.

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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

[[Page 24974]]

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 socio-economic 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 post-season 
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 age-3 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

[[Page 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 Nino 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 sibling-based 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 
Nino, 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 Nino event. The current El Nino 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

[[Page 24976]]

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 
Magnuson-Stevens 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-to-spawner 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 deg.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.

[[Page 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 deg.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 deg.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 non-treaty harvests and management measures were based in 
part on negotiations between Washington State fishery managers, 
commercial and recreational fishing groups, and the Washington coastal, 
Puget Sound, and Columbia River treaty Indian tribes as authorized by 
the U.S. District Court in U.S. v. Washington, U.S. v. Oregon, and Hoh 
Indian Tribe v. Baldrige.
    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

[[Page 24978]]

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 all-salmon 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 all-salmon 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 
two-fish 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 deg.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 deg.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                        

[[Page 24979]]

                                                                        
    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 deg.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 deg.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 deg.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 deg.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)                    


                                                                                                                
                                                                  Chinook                Coho                   
                                                          --------------------------------------------          
                    Area  (when open)                        Total                 Total                  Pink  
                                                             length    Head-off    length    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 deg.18'00'' N. lat. to 124          
                      deg.13'18'' W. long., then southerly to 46        
                      deg.13'24'' N. lat. and 124 deg.11'00'' W. long.  
                      (green, Columbia River Entrance Lighted Bell Buoy 
                      #1), then southerly to 46 deg.13'06'' N. lat. and 
                      124 deg.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 deg.38'48''
                      N. lat. (approximately 6 nautical miles (11.1 km) 
                      north of the Klamath River mouth), on the west by 
                      124 deg.23'00'' W. long. (approximately 12        
                      nautical miles (22.2 km) off shore), and on the   
                      south by 41 deg.26'48'' N. lat. (approximately 6  
                      nautical miles (11.1 km) south of the Klamath     
                      River mouth).                                     
C.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).                                        

[[Page 24980]]

                                                                        
                     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.                                                   
                                                                        

[[Page 24981]]

                                                                        
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 deg. 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 deg.18'00'' N. lat. to 124          
                      deg.13'18'' W. long., then southerly to 46        
                      deg.13'24'' N. lat. and 124 deg.11'00'' W. long.  
                      (green, Columbia River Entrance Lighted Bell Buoy 
                      #1), then southerly to 46 deg.11'06'' N. lat. and 
                      124 deg.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 deg.38'48''
                      N. lat. (approximately 6 nautical miles (11.1 km) 
                      north of the Klamath River mouth), on the west by 
                      124 deg.23'00'' W. long. (approximately 12        
                      nautical miles (22.2 km) off shore), and on the   
                      south by 41 deg.26'48'' N. lat. (approximately 6  
                      nautical miles (11.1 km) south of the Klamath     
                      River mouth).                                     
                     Sacramento Control Zone--The ocean area bounded by 
                      a line commencing at Bolinas Point (Marin County, 
                      37 deg.54'17'' N. lat., 122 deg.43'35'' W. long.) 
                      southerly to Duxbury Buoy (37 deg.51'37'' N. lat.,
                      122 deg.41'43'' W. long.) to Channel Buoy 1 (37   
                      deg.46'10'' N. lat., 122 deg.37'56'' W. long,) to 
                      Channel Buoy 2 (37 deg.45'48'' N. lat., 122       
                      deg.37'44'' W. long,) to Point San Pedro (San     
                      Mateo County, 37 deg.35'40'' N. lat., 122         
                      deg.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.                                    


[[Page 24982]]


    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                         


                                                                                                                
                                                                            Minimum size limit                  
                                                                                (inches *)           Special    
  Tribe and area boundaries     Open seasons         Salmon species       ---------------------- restrictions by
                                                                            Chinook      Coho          area     
MAKAH--That portion of the    May 1 through    All except coho...........         24  .........  Barbless hooks.
 Fishery Management Area       earlier of                                                         No more than 8
 north of 48 deg.02'15'' N.    June 30 or      All.......................         24         16   fixed lines   
 lat. (Norwegian Memorial)     chinook quota.                                                     per boat or no
 and east of 125 deg.44'00''  August 1                                                            more than 4   
 W. long.                      through                                                            hand-held     
                               earliest of                                                        lines per     
                               September 15                                                       person.       
                               or chinook or                                                                    
                               coho quota.                                                                      
QUILEUTE--That portion of     May 1 through    All except coho...........         24  .........  Barbless hooks.
 the FMA between 48            earlier of                                                         No more than 8
 deg.07'36'' N. lat. (Sand     June 30 or      All.......................         24         16   fixed lines   
 Pt.) and 47 deg.31'42'' N.    chinook quota.                                                     per boat.     
 lat. (Queets River) and      August 1                                                                          
 east of 125 deg.44'00'' W.    through                                                                          
 long.                         earliest of                                                                      
                               September 15                                                                     
                               or chinook or                                                                    
                               coho quota.                                                                      
HOH--That portion of the FMA  May 1 through    All except coho...........         24  .........  Barbless hooks.
 between 47 deg.54'18'' N.     earlier of                                                         No more than 8
 lat. (Quillayute River) and   June 30 or      All.......................         24         16   fixed lines   
 47 deg.21'00'' N. lat.        chinook quota.                                                     per boat.     
 (Quinault River) and east    August 1                                                                          
 of 125 deg.44'00'' W. long.   through                                                                          
                               earliest of                                                                      
                               September 15                                                                     
                               or chinook or                                                                    
                               coho quota.                                                                      
QUINAULT--That portion of     May 1 through    All except coho...........         24  .........  Barbless hooks.
 the FMA between 47            earlier of                                                         No more than 8
 deg.40'06'' N. lat.           June 30 or      All.......................         24         16   fixed lines   
 (Destruction Island) and 46   chinook quota.                                                     per boat.     
 deg.53'18'' N. lat. (Point   August 1                                                                          
 Chehalis) and east of 125     through                                                                          
 deg.44'00'' W. long.          earliest of                                                                      
                               September 15                                                                     
                               or chinook or                                                                    
                               coho quota.                                                                      
                                                                                                                
*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 deg.31'42'' N.     
                      lat.) and the Hoh River (47 deg.45'12'' N. lat.)  
                      will be closed to commercial fishing. A closure   
                      within 2 miles (3.2 km) of the mouth of the       
                      Quinault River (47 deg.21'00'' N. lat.) may be    
                      enacted by the Quinault Nation and/or the State of
                      Washington and will not adversely affect the      
                      Secretary of Commerce's management regime.        
                                                                        
                                C. QUOTAS                               
                                                                        
C.1.                 The overall treaty troll ocean quotas are 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

[[Page 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 deg.10'00'' N. lat.           
Queets River.........................  47 deg.31'42'' N. lat.           
Leadbetter Point.....................  46 deg.38'10'' N. lat.           
Cape Falcon..........................  45 deg.46'00'' N. lat.           
Heceta Banks.........................  43 deg.58'00'' N. lat.           
Humbug Mountain......................  42 deg.40'30'' N. lat.           
Sisters Rocks........................  42 deg.35'45'' N. lat.           
Mack Arch............................  42 deg.13'40'' N. lat.           
Oregon-California Border.............  42 deg.00'00'' N. lat.           
Humboldt South Jetty.................  40 deg.45'53'' N. lat.           
Horse Mountain.......................  40 deg.05'00'' N. lat.           
Point Arena..........................  38 deg.57'30'' N. lat.           
Fort Ross............................  38 deg.31'00'' N. lat.           
Point Reyes..........................  37 deg.59'44'' N. lat.           
Point San Pedro......................  37 deg.35'40'' N. lat.           
Pigeon Point.........................  37 deg.11'00'' N. lat.           
Point Sur............................  36 deg.18'00'' N. lat.           
Point Conception.....................  34 deg.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

[[Page 24984]]

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 <ls-thn-eq><plus-minus>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