21746 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

50 CFR Part 661

[Docket No. 950426116–5116–01; I.D.

042095A]

RIN 0648–AH79

Ocean Salmon Fisheries Off the

Coasts of Washington, Oregon, and

California; 1995 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 1995.

Specific fishery management measures

vary by fishery and 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 intended to allow a

portion of the salmon runs to escape the

ocean fisheries to provide for spawning

escapement and inside fisheries. NMFS

also announces 1996 recreational

salmon seasons opening earlier than

May 1, 1996.

DATES: Effective from 0001 hours Pacific

Daylight Time (P.d.t.), May 1, 1995,

until the effective date of the 1996

management measures, as published in

the Federal Register.

Comments must be received by June

2, 1995.

ADDRESSES: Comments on the

management measures may be sent to

William Stelle, Jr., Director, Northwest

Region, National Marine Fisheries

Service, 7600 Sand Point Way N.E., BIN

C15700, Seattle, WA 98115–0070; or

Hilda Diaz-Soltero, Director, Southwest

Region, National Marine Fisheries

Service, 501 West Ocean Boulevard,

Suite 4200, Long Beach, CA 90802–

4213. Documents cited in this notice are

available on request.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140,

or Rodney R. McInnis at 310–980–4030.

SUPPLEMENTARY INFORMATION:

Background

The ocean salmon fisheries off

Washington, Oregon, and California are

managed under a ‘‘framework’’ fishery

management plan (FMP). The

framework FMP was approved in 1984

and has been amended five times (52 FR

4146, February 10, 1987; 53 FR 30285,

August 11, 1988; 54 FR 19185, May 4,

1989; 56 FR 26774, June 11, 1991; 59 FR

23013, May 4, 1994). Regulations at 50

CFR part 661 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

1995 ocean salmon fisheries were

recommended by the Pacific Fishery

Management Council (Council) at its

April 4–7, 1995, meeting.

Schedule Used To Establish 1995

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

1994 Ocean Salmon Fisheries,’’

summarizes the 1994 ocean salmon

fisheries and assesses how well the

Council’s management objectives were

met in 1994. The second report,

‘‘Preseason Report I Stock Abundance

Analysis for 1995 Ocean Salmon

Fisheries,’’ provides the 1995 salmon

stock abundance projections and

analyzes the impacts on the stocks and

Council management goals if the 1994

regulations or regulatory procedures

were applied to the 1995 stock

abundances.

The Council met on March 7–10,

1995, in South San Francisco, CA, to

develop proposed management options

for 1995. 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 provide for

ocean harvests of more abundant stocks.

All options provided for no directed

harvest of chinook salmon in non-treaty

fisheries north of Cape Falcon, OR, and

no directed harvest of coho salmon

south of Cape Falcon. After the March

Council meeting, the STT and staff

economist prepared a third report,

‘‘Preseason Report II Analysis of

Proposed Regulatory Options for 1995

Ocean Salmon Fisheries,’’ which

analyzes the effects of the proposed

1995 management options. This report

also was distributed to the Council, its

advisors, and the public.

Public hearings on the proposed

options were held March 27–29, 1995,

in Westport, WA; Astoria and North

Bend, OR; and Eureka and Sacramento,

CA.

The Council met on April 4–7, 1995,

in Portland, OR, to adopt its final 1995

recommendations. Following the April

Council meeting, the STT and staff

economist prepared a fourth report,

‘‘Preseason Report III Analysis of

Council-Adopted Management

Measures for 1995 Ocean Salmon

Fisheries,’’ which analyzes the

environmental and socio-economic

effects of the Council’s final

recommendations. This report also was

distributed to the Council, its advisors,

and the public.

Resource Status

Many salmon runs returning to

Washington, Oregon, and California

streams in 1995 are expected to be

somewhat improved from the record

low levels in 1994.

Aside from salmon species listed

under the Endangered Species Act

(discussed below), the primary resource

concerns are for: Klamath River fall

chinook; Columbia River hatchery

chinook; Oregon Production Index area

coho stocks destined for the Columbia

River and the California and Oregon

coasts, particularly Oregon coastal

natural coho; and Washington coastal

and Puget Sound natural coho. (The

Oregon Production Index (OPI) is an

annual index of coho abundance from

Leadbetter Point, Washington, south

through California). 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 stocks are

relatively abundant compared to the

other chinook stocks of the Pacific coast.

The Central Valley Index of abundance

of combined Central Valley chinook

stocks is estimated to be 654,000 fish for

1995, 13 percent above the postseason

estimate of the index for 1994 and 7

percent above the average of the index

from 1970–1994. The spawning

escapement of Sacramento River adult

fall chinook was 141,700 adults in 1994,

11 percent greater than the 1993

escapement and within the spawning

escapement goal range of 122,000 to

180,000 adult spawners.

Winter-run chinook from the

Sacramento River are listed under the

ESA as an endangered species (59 FR

440, January 4, 1994) and are a
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21747

consideration in establishing ocean

fishing regulations. The 1994 spawning

escapement was estimated to be 189

adults, the lowest return on record.

Neither preseason nor postseason

estimates of ocean abundance are

available for the winter run.

Klamath River fall chinook ocean

abundance is expected to be 172,100

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

the fishing season. Although the

abundance forecast is 31 percent above

the 1994 actual abundance, it is 43

percent below the average estimates for

1985–94. The spawning escapement

goal for the stock is 33–34 percent of the

natural adults for each brood but no

fewer than 35,000 natural spawners

(fish that spawn outside of hatcheries).

The natural spawning escapement in

1994 was 33,400 adults, which was

below the minimum natural spawner

requirement for the fifth consecutive

year.

In recent years of low abundances, the

procedures used to model the Klamath

fall chinook population have

consistently overestimated stock

abundance. This year the Council

modified the predictor used to forecast

age-4 ocean abundance. The change

resulted in a 24 percent reduction in the

1995 forecast of the age-4 ocean

population. A new predictor of the ratio

of natural to hatchery adult spawners

was also implemented in the 1995

escapement forecast.

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 low

and similar to the levels observed in

1994. These stocks are important

contributors to ocean fisheries off

Oregon and northern California. The

generalized expectation for northmigrating stocks is for a continuation of

average to above-average abundance as

observed in recent years. 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 1995.

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 1995 are at a record low of

12,000 fish, 43 percent below the 1994

run size of 21,100 fish, and 79 percent

below the 1979–84 average of 56,600

fish. The 1995 stock status continues the

substantial 1994 decline from recent

improvements (1985–90 and 1992–93)

in the depressed status of this stock. The

1985–90 and 1992–93 increases from

the poor returns in the early 1980s are

primarily the result of increases of

hatchery stocks. The natural stock

component remains severely depressed.

Ocean escapement is expected to be

significantly below the goal of 115,000

adults counted at Bonneville Dam.

Upriver spring chinook are affected only

slightly by ocean harvests in Council

area fisheries, with the contribution of

these stocks being generally 1 percent or

less of the total chinook catch north of

Cape Falcon, OR. Expected ocean

escapement of adult upriver summer

chinook is a record low of 8,600 fish.

The 1995 stock status remains extremely

depressed, with ocean escapement being

only 11 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 48,500 fish, similar

to the observed 1994 run of 47,800 fish,

and 26 percent below the 1980–84

average return of 65,000 fish. Willamette

River spring chinook stocks are

important contributors to Council area

fishery catches north of Cape Falcon.

(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 125,000

adults, 7 percent below the 1994 actual

return of 134,500 adults. The

escapement goal for upriver bright fall

chinook is 40,000 adults above McNary

Dam, although in recent years the

management goal has been 45,000

adults above McNary Dam. This stock

has a northern ocean migratory pattern

and constitutes less than 10 percent of

Council area fisheries north of Cape

Falcon.

(b) Lower river natural fall chinook

ocean escapement is forecast at 11,500

adults, 11 percent below the 1994 run

size of 12,900 adults.

(c) Lower river hatchery fall chinook

ocean escapement is forecast at a record

low of 42,400 adults, similar to the 1994

preseason estimate but 20 percent below

the 1994 return of 52,900 adults. 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 fall chinook

ocean escapement is projected to be

about 22,500 adults, above the 1994

return of 18,000 adults; the 1986–1990

average ocean escapement was 16,700

adults. The Spring Creek hatchery fall

chinook stock has been rebuilding

slowly since the record low return in

1987.

(e) Mid-Columbia bright fall chinook

ocean escapement is projected to be

about 30,100 adults, 6 percent above the

1994 return of 28,500 adults. These fall

chinook are returns primarily from

hatchery releases of bright fall chinook

stock in the area below McNary Dam,

although some natural spawning in

tributaries between Bonneville and

McNary dams is also occurring.

(4) Snake River wild fall chinook.

Also of concern are Snake River wild

fall chinook, which are listed as

threatened under the ESA (57 FR 14653,

April 22, 1992). Ocean escapement of

Snake River fall chinook in 1995 is

predicted to be 580 fish, just over onehalf the 1994 run. 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.

(5) Washington coastal and Puget

Sound chinook. 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

Oregon coastal and Columbia River

coho stocks are the primary components

of the OPI. Beginning in 1988, the

Council adopted revised estimation

procedures that were expected to more

accurately predict abundance of the

following individual OPI area stock

components: Public hatchery, private

hatchery, Oregon coastal natural (OCN)

for rivers and lakes, and Salmon Trout

Enhancement Program. Prediction

methodologies are described in the

Council’s ‘‘Preseason Report I Stock

Abundance Analysis for 1988 Ocean

Salmon Fisheries.’’ In response to the

extremely low abundances in 1994,

some changes to the abundance

predictors were implemented as

described in the Council’s ‘‘Preseason

Report I Stock Abundance Analysis for
21748 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

1994 Ocean Salmon Fisheries.’’ In

particular, the predictor for the OCN

river component did not adequately

incorporate environmental variability.

Therefore, an environment-based model

used to predict abundance in 1994 is

again being used in 1995. This model

incorporates upwelling and sea surface

temperatures by year, but its long-term

usefulness is doubtful, because it does

not take into account the number of

spawners. Future use of this model will

be evaluated before the 1996 season.

The 1995 OPI is forecast to be 443,000

coho, 85 percent above the 1994

preseason forecast of 239,700 coho, and

30 percent above the 1994 observed

level of 341,000 fish. The 1995 estimate

includes one of the lowest on record for

OCN coho: 219,000 fish, 61 percent

above the record low abundance of

136,200 OCN fish observed in 1994. The

1994 spawning escapement of the OCN

stock was 133,300 fish.

All Washington coastal natural coho

stocks and Puget Sound combined

natural coho stocks are expected to be

more abundant in 1995 than forecast in

1994. Abundances for Washington

coastal stocks of Hoh, Queets, and Grays

Harbor natural coho are projected to be

36 percent, 75 percent, and 70–92

percent above the 1994 preseason

predictions, respectively. Abundances

for Puget Sound stocks of Skagit,

Stillaguamish, and Hood Canal natural

coho are projected to be 66 percent,

more than 3 times, and 43 percent above

the 1994 preseason predictions,

respectively. Despite increased

abundance, many natural coho run sizes

are forecast to be well below maximum

sustainable yield (MSY) spawning

escapement goals. Abundance forecasts

for coho hatchery production are well

above 1994 expectations for most

Washington coastal stocks and 10

percent below the 1994 forecast for

Puget Sound combined stocks.

Coho populations in California have

not been monitored closely nor have

they been a controlling factor in

establishing ocean salmon management

measures in the past. Although no

forecast of the ocean abundance of coho

originating from California are available,

these runs have been generally at low

abundance levels for several years.

Concern for California coho has

prompted petitions to list these runs

under the ESA and a formal review of

their status has confirmed that concern

is well founded. NMFS is considering

the results of the status review and may

soon propose to list appropriate groups

of coho stocks in California as well as

elsewhere on the coast.

Pink Salmon Stocks

Major pink salmon runs return to the

Fraser River and Puget Sound only in

odd-numbered years. In 1995,

abundance expectations are for 20

million Fraser River pink salmon and

3.4 million Puget Sound pink salmon.

Management Measures for 1995

The Council adopted allowable ocean

harvest levels and management

measures for 1995 that are designed to

apportion the burden of protecting the

weak stocks discussed above equitably

among ocean fisheries and to allow

maximum harvest of natural and

hatchery runs surplus to inside fishery

and spawning needs. The management

measures below reflect the Council’s

recommendations.

A. South of Cape Falcon

In the area south of Cape Falcon, the

management measures in this rule are

based primarily on concerns for

Klamath River fall chinook, Sacramento

River winter chinook, and California

and OCN coho stocks.

The low abundance of Klamath River

fall chinook resulted in restrictive

fishing seasons in the area between

Humbug Mountain, OR, and Horse

Mountain, CA, termed the Klamath

management zone (KMZ), as well as in

the areas adjacent to the KMZ. The

Council recommended measures that

equally distribute Klamath River fall

chinook impacts north and south of the

KMZ and provide for a target ocean

exploitation rate on age-4 Klamath fall

chinook of 9 percent. This level of ocean

harvest is intended to provide equal

sharing of the harvest of Klamath River

fall chinook between the Klamath River

Indian Tribes and non-Indian fishers, as

well as meet the spawning escapement

floor of 35,000 natural adult spawners.

Sacramento River winter-run chinook

are listed as an endangered species

under the ESA. In 1991, NMFS

concluded a formal consultation

regarding the impacts of the ocean

salmon fishing regulations on the winter

run. The biological opinion issued from

that consultation concluded that the

1990 level of incidental harvest by

ocean fisheries should allow the

recovery of the winter-run. NMFS

recommended shortening the

recreational fishing season off central

California and closure of an area at the

mouth of San Francisco Bay during the

time when the winter-run are entering

the Bay. These recommended

conservation measures were

implemented in 1991 and remain a part

of the salmon management measures for

1995. NMFS also recommended

reducing ocean impacts on winter-run

chinook from their 1990 levels. The

overall impact of the 1995 salmon

management program on the winter-run

is expected to be less than in 1990, the

base year for the biological opinion.

This expectation is based on the ocean

exploitation index model for the Central

Valley Index stocks of fall chinook,

which predicts an ocean exploitation

index of 0.72 in 1995 as compared to

0.79 in 1990. These indices only

indicate the relative impact on the

winter-run, because these fish are less

vulnerable to the ocean fisheries than

fall-run chinook due to the timing of the

seasons as well as their growth and

migration patterns.

Since 1991, all hatchery-reared

Sacramento River winter chinook have

been tagged. Based on ocean recoveries

of tagged winter chinook, it is estimated

that approximately 100 hatchery

produced winter chinook were taken in

the 1994 sport and commercial harvests.

There are no estimates of the ocean

abundance of either hatchery or wild

winter-run chinook, nor are there

estimates of the numbers of wild winterrun chinook taken by ocean fisheries. As

a result, it is not possible to assess what

fraction of the total winter-run chinook

population the estimated 100 hatcheryreared adults taken in ocean fisheries

represent. NMFS intends to reinitiate

consultation prior to next year’s seasons

under section 7 of the ESA to determine

whether further steps are necessary to

reduce overall mortality of the stock.

The 1995 abundance estimate for

OCN coho is a near-record low of

219,000 fish. At this abundance level,

the FMP only allows up to a 20 percent

incidental exploitation rate that would

result in a spawner escapement of 35

adults per mile on standard index

surveys. The 1995 management

measures result in a total OCN coho

exploitation rate of 12 percent, of which

5 percent are impacts associated with

non-Council fisheries (Canadian,

Alaskan, and inside fisheries). At this

exploitation rate, the expected spawner

escapement is 38 adults per mile on

standard index surveys—less than the

spawning escapement goal of 42 adults

per mile. There is also ongoing concern

for specific individual stocks within the

OCN complex, given the

disproportionate geographic distribution

of OCN coho spawners. The Council’s

recommendations include time and area

closures, and gear restrictions intended

to minimize incidental fishing contact

with OCN coho and subsequent hookand-release mortality while allowing

access to harvestable stocks of chinook

salmon.
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21749

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.

Chinook quotas are being

implemented in the area between

Florence South Jetty and House Rock,

OR, to further ensure that the ocean

impacts on Klamath River fall chinook

do not exceed those that have been

modeled. Specifically, commercial troll

fisheries will be limited to: Quotas of

1,000 chinook during May in the area

between Sisters Rocks and House Rock;

1,200 chinook during July and August

in the area between Sisters Rocks and

Mack Arch; 13,500 chinook during May

and June in the area between Cape

Arago and Humbug Mountain; 10,000

chinook during September and October

in the area between Cape Arago and

Humbug Mountain; and 14,000 chinook

during August in the area between

Florence South Jetty and Cape Arago.

Troll fisheries in other areas south of

Cape Falcon are not limited by chinook

quotas because of the minor

contribution of Klamath stocks to the

fisheries.

From Point San Pedro, CA, to the

United States-Mexico border, the

commercial fishery for all salmon,

except coho, will open May 1 through

June 15, then reopen July 19 through

September 30. Gear is restricted to no

more than six lines per boat.

From Point Reyes to Point San Pedro,

CA, the commercial fishery for all

salmon, except coho, will open May 24

through July 4, then reopen July 19

through September 30. Gear is restricted

to no more than six lines per boat.

From Point Arena to Point Reyes, CA,

the commercial fishery for all salmon,

except coho, will open July 5 through

September 30. Gear is restricted to no

more than six lines per boat.

From Horse Mountain to Point Arena,

CA, the commercial fishery for all

salmon, except coho, will open

September 1 through September 30.

Gear is restricted to no more than six

lines per boat.

From Sisters Rocks to House Rock,

OR, the commercial fishery for all

salmon, except coho, will be open on

the following days through May 31 or

attainment of the chinook quota,

whichever comes earlier: May 1–2, 5–6,

10–11, 14–15, 18–19, 23–24, 27–28, and

31. The days open may be adjusted

inseason, if necessary, to manage the

fishery. Gear is restricted to no more

than four spreads per line, with the

open area restricted to only 0–6 nautical

miles (11.1 km) of the baseline from

which the territorial sea is measured.

From Sisters Rocks to Mack Arch, OR,

the commercial fishery for all salmon,

except coho, will open the following

days through August 31 or attainment of

the chinook quota, whichever comes

earlier: July 24–25, 28–29, August 1–2,

5–6, 9–10, 13–14, 17–18, 21–22, 25–26,

and 30–31. The days open may be

adjusted inseason if necessary to

manage the fishery. Gear is restricted to

no more than four spreads per line, with

the open area restricted to only 0–4

nautical miles (7.4 km) of the baseline

from which the territorial sea is

measured.

From Cape Falcon to Humbug

Mountain, OR, the commercial fishery

for all salmon except coho will open

May 1 and continue through June 30,

except that the area between Cape Arago

and Humbug Mountain will close on the

attainment of the chinook quota for that

area. A control zone in state waters at

the mouth of Tillamook Bay will be

closed to commercial troll fishing in

June. Gear is restricted to no more than

four spreads per line.

Later in the season, the area from

Cape Arago to Humbug Mountain will

reopen for all salmon, except coho, on

September 1 and continue through the

earlier of October 31 or attainment of

the chinook quota. Gear is restricted to

no more than four spreads per line.

From Florence South Jetty to Cape

Arago, OR, the commercial fishery for

all salmon, except coho, will reopen

August 1 until attainment of the 14,000

chinook quota, then open again

September 1 through October 31. Gear is

restricted to no more than four spreads

per line.

From Cape Falcon to Florence South

Jetty, OR, the commercial fishery for all

salmon except coho will reopen August

1 through October 31, except that in

September the open area north of Cape

Lookout is restricted to 0–3 miles (4.8

km) of the baseline from which the

territorial sea is measured. A control

zone in state waters at the mouth of

Tillamook Bay will be closed to

commercial troll fishing in August and

September.

Recreational Fisheries

Retention of coho salmon is

prohibited in all areas from May 1. From

Point Arena, CA, to the United StatesMexico border, the recreational fishery,

which opened on March 4 (the nearest

Saturday to March 1) for all salmon,

continues for all salmon, except coho,

from May 1 through October 29 (the

nearest Sunday to November 1) with a

two-fish daily bag limit.

From Horse Mountain to Point Arena,

the recreational fishery, which opened

on February 18 (the nearest Saturday to

February 15) for all salmon, continues

for all salmon, except coho, from May

1 through June 30, with a two-fish daily

bag limit. This area will reopen on

August 1 for all salmon except coho and

continue through November 12 (the

nearest Sunday to November 15) with a

two-fish daily bag limit.

From Humbug Mountain to Horse

Mountain, the recreational fishery will

open May 17 for all salmon, except

coho, and continue through the earlier

of July 8 or attainment of the 10,600-

chinook quota. If the quota is exceeded

by more than 10 percent, the amount

over 10 percent will be deducted from

the August quota. This area will reopen

on August 16 for all salmon, except

coho, and continue through the earlier

of August 31 or attainment of the 900-

chinook quota, except that the control

zone at the mouth of the Klamath River

will be closed. Both seasons will be

open Wednesday through Saturday

only, with a one-fish daily bag limit.

This area will reopen for all salmon

except coho from September 1 through

September 9, open 7 days per week,

with a one-fish daily bag limit, and no

person may retain more than 6 fish in

7 consecutive days.

From Cape Falcon to Humbug

Mountain, the recreational fishery will

open May 1 through June 30 for all

salmon except coho, with a two-fish

daily bag limit, no more than six fish in

7 consecutive days, and a control zone

at the mouth of Tillamook Bay will be

closed in June. Legal gear is limited to

artificial plugs or whole bait, either of

which must be no less than 6 inches

(15.2 cm) long; only nonpainted weights

may be used; and no more than two

single-point, single-shank barbless

hooks are allowed on whole bait or

artificial plugs. All attractors, including

divers, are prohibited.

B. North of Cape Falcon

From the United States-Canada border

to Cape Falcon, ocean fisheries are

managed to protect depressed upper

Columbia River spring and summer

chinook salmon, lower Columbia River

hatchery fall chinook salmon, and

Washington coastal and Puget Sound

natural coho salmon stocks. Ocean

treaty and non-treaty harvests and

management measures were based in

part on negotiations between

Washington State fishery managers, user

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.
21750 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

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

Indian Tribe et al. v. Baldridge.

Due to the projected low returns for

Columbia River chinook salmon stocks,

non-treaty commercial troll and

recreational ocean fisheries north of

Cape Falcon prohibit the retention of

chinook salmon in 1995. Snake River

wild spring chinook and Snake River

wild summer chinook comprise only a

very small proportion of total chinook

abundance in the Council management

area, and it is unlikely that these fish are

significantly impacted in Council area

fisheries. For Snake River wild fall

chinook, which are caught in Council

area fisheries, the STT estimated a 65-

percent reduction in the ocean

exploitation rate in Council area

fisheries under the recommended 1995

ocean measures compared to the 1988–

93 average.

Commercial Troll Fisheries

The commercial fishery for all salmon

except chinook will open between the

United States-Canada border and Carroll

Island, WA, on August 5 through the

earliest of September 15 or attainment of

the 18,750-coho quota or the 160,000-

pink-salmon guideline. The fishery will

follow a cycle of 4 days open and 3 days

closed, with a possession and landing

limit of 80 coho per opening, and gear

restricted to flashers with barbless, bare,

blued hooks or flashers with barbless

hooks and pink hoochies of 3 inches

(7.6 cm) or less.

Recreational Fisheries

Recreational all-salmon-exceptchinook fisheries are divided into four

subareas. Opening dates, subarea

quotas, bag limits, and area and gear

restrictions are described below. The

fisheries in all subareas will close by

September 28 or at attainment of the

subarea coho salmon quota.

From the Queets River to Leadbetter

Point and from Leadbetter Point to Cape

Falcon, the fishery will open July 24,

with coho subarea quotas of 20,800 and

28,125, respectively. Both subareas will

be open Sunday through Thursday only,

with a two-fish daily bag limit; no

person may retain more than four fish

in 7 consecutive days; and the area will

be closed 0–3 miles (4.8 km) off shore

and in the control zone at the Columbia

River mouth.

From Cape Alava to Queets River, the

fishery will open August 1, with a 1,460

coho subarea quota, open Sunday

through Thursday only, will be subject

to a two-fish daily bag limit, and closed

0–3 miles (4.8 km) of shore.

From the U.S.-Canada border to Cape

Alava, the fishery will open August 1

with a 5,850-coho subarea quota, open

7 days per week with a two-fish daily

bag limit, and closed 0–3 miles (4.8 km)

off shore south of Skagway Rock.

Treaty Indian Fisheries

Ocean salmon management measures

proposed by the treaty Indian tribes are

part of a comprehensive package of

Indian and non-Indian 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

12,000 chinook and 25,000 coho

salmon. The all-except-coho seasons

will open May 1 and extend through

May 31 or until the overall harvest

guideline of 7,000 chinook is reached,

whichever is earlier. The all-salmon

seasons will open August 1 and extend

through the earliest of September 30 or

attainment of the chinook or coho

quotas. The minimum length

restrictions for all treaty ocean fisheries,

excluding ceremonial and subsistence

harvest, is 24 inches (61.0 cm) for

chinook and 16 inches (40.6 cm) for

coho.

1996 Fisheries

The timing of the March and April

Council meetings makes it impracticable

for the Council to recommend to NMFS

fishing seasons that begin before May 1

of the same year. Therefore, openings

for 1996 fishing seasons earlier than

May 1 are established in this

notification. The Council recommended,

and NMFS concurs, that the following

two recreational seasons will open in

1996. First, the area from Point Arena to

the United States-Mexico border will

open on March 2 (the nearest Saturday

to March 1) for all salmon. This fishery

will be subject to a two-fish daily bag

limit unless an evaluation indicates low

coho abundance is anticipated in 1996,

in which case inseason action may be

taken to prohibit retention of coho. The

control zone near the mouth of San

Francisco Bay will be closed from

March 2 through March 31. Second, the

area from Horse Mountain to Point

Arena will open on February 17 (the

nearest Saturday to February 15) for all

salmon, except coho, with a two-fish

daily bag limit.

The following tables and text are the

management measures recommended by

the Council for 1995 and, as specified,

for 1996. The Secretary concurs with

these recommendations and finds them

responsive to the goals of the FMP, the

requirements of the resource, and the

socio-economic factors affecting

resource users. The management

measures are consistent with

requirements of the Magnuson Fishery

Conservation and Management Act and

other applicable law, including U.S.

obligations to Indian tribes with

Federally recognized fishing rights.

Halibut Retention

In accordance with the Northern

Pacific Halibut Act, regulations

governing the Pacific halibut fishery

were published in the Federal Register

on March 20, 1995 (60 FR 14651) under

50 CFR part 301. The regulations state

that vessels participating in the salmon

troll fishery in Area 2A (all waters off

the States of Washington, Oregon, and

California), that have obtained the

appropriate International Pacific Halibut

Commission (IPHC) license, may retain

halibut caught incidentally during the

May through June salmon fisheries, in

conformance with the annual salmon

management measures.

As provided by 50 CFR 301.7(c) and

301.23(e), the following measures have

been approved. Trollers must obtain a

license from the IPHC by May 1 to retain

Pacific halibut caught incidental to the

salmon troll fishery during May through

June in Area 2A. A salmon troller may

participate in this fishery or in the

directed commercial fishery targeting

halibut, but not both. During the Maythrough-June troll fishery, no more than

one halibut may be landed for each 20

chinook landed by a salmon troller. Any

halibut retained must be in compliance

with the minimum size limit of 32

inches (81.3 cm). A salmon troller must

have 20 chinook on board before

retaining a halibut. The Oregon

Department of Fish and Wildlife will

monitor landings, and if they are

projected to exceed the 16,068-pound

(7.3-mt) preseason allocation specified

at 50 CFR 301.10(b)(2), NMFS will take

inseason action to close the incidental

halibut fishery through a notice

published in the Federal Register.

BILLING CODE 3510–22–P
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21751
21752 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

BILLING CODE 3510–22–C
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21753

TABLE 1.—COMMERCIAL MANAGEMENT MEASURES FOR 1995 OCEAN SALMON FISHERIES (Continued)

[B. Minimum size limits (Inches)*]

Chinook Coho

Pink Total

length Head-off Totallength Head-off

North of Cape Falcon ............................................................................................ ............... ............... 16.0 12.0 None.

Cape Falcon to Humbug Mountain ....................................................................... 26.0 19.5 ............... ............... None.

South of Humbug Mountain .................................................................................. 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: 26.0 inches=66.0 cm, 19.5 inches=49.5 cm.

Metric equivalents for coho: 16.0 inches=40.6 cm, 12.0 inches=30.5 cm.

C. General Requirements, Restrictions, and

Exceptions

C.1. Hooks—Single point, single shank

barbless hooks are required.

C.2. Spread—A single leader leading to an

individual lure or bait.

C.3. Transit Through Closed Areas with

Salmon on Board—It is unlawful for a vessel,

that has been issued an ocean salmon permit

by any state, to have troll gear in the water

while transiting any area closed to salmon

fishing while possessing salmon.

C.4. Landing Salmon in Closed Areas—

Legally caught salmon may be landed in

closed areas unless otherwise prohibited by

these regulations.

C.5. Control Zone 2—The area immediately

adjacent to the mouth of Tillamook Bay is

closed as established by the Oregon

Department of Fish and Wildlife in state

regulations.

C.6. Consistent with Council management

objectives, the State of Oregon may establish

some additional late-season, all-salmonexcept-coho fisheries in state waters.

C.7. For the purposes of California 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.

C.8. Inseason Management—In addition to

certain automatic inseason actions and

specific inseason regulatory modifications

noted under Section D below, NMFS may

make inseason adjustments to fisheries north

of Cape Falcon which are consistent and

complementary to Council spawner

escapement objectives in the event that

management agreements or understandings

with Canada warrant re-evaluation of the

Council’s assumptions about prior

interceptions.

C.9. Halibut Retention—Trollers must

obtain a license from the International Pacific

Halibut Commission (206–634–1838) by May

1 to retain Pacific halibut caught incidental

to the salmon troll fishery during May

through June in Area 2A (all waters off the

States of Washington, Oregon, and

California). A salmon troller may participate

in this fishery or in the directed commercial

fishery targeting halibut, but not both. During

the May through June troll fishery, no more

than 1 halibut may be landed for each 20

chinook landed by a salmon troller. Any

halibut retained must be in compliance with

the minimum size limit of 32 inches (81.3

cm). A salmon troller must have 20 chinook

on board before retaining a halibut. The

Oregon Department of Fish and Wildlife will

monitor landings and if they are projected to

exceed the 16,068 pound (7.3 mt) preseason

allocation, NMFS will take inseason action to

close the incidental halibut fishery through a

notice published in the Federal Register.

D. Possession, Landing, and Special

Restrictions by Management Area

If prevented by unsafe weather conditions

or mechanical problems from meeting special

management area landing restrictions, vessels

must notify the U.S. Coast Guard and receive

acknowledgement of such notification prior

to leaving the area where landing is required.

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.

D.1. U.S.-Canada Border to Carroll Island,

August/September All-Salmon-ExceptChinook Season—The fishery will follow a

cycle of 4 days open and 3 days closed,

continuing the cycle until the earliest of

September 15 or attainment of the coho quota

(see E.1.) or pink harvest guideline. Each

vessel may possess, land and deliver no more

than 80 coho per open period. Vessels must

land and deliver within the area or in

adjacent closed areas. All salmon must be

landed and delivered within 24 hours of each

closure. If the catch exceeds 6,000 coho in

the first 4-day cycle, the fishery may be

modified inseason to maximize the

likelihood that the fishery will continue for

at least 3 cycles by either (1) adjusting the

landing and possession limit or (2)

prohibiting retention of coho. The Fraser

River Panel of the Pacific Salmon

Commission intends to maintain jurisdiction

over the level of ocean commercial harvest of

pink salmon north of Carroll Island in 1995

and is expected to set a quota of 160,000 pink

salmon for this fishery.

D.2. Sisters Rocks to House Rock in May—

The fishery will be open only on the

following days through the earlier of May 31

or attainment of the chinook quota (see E.4.):

May 1–2, 5–6, 10–11, 14–15, 18–19, 23–24,

27–28 and 31. The Oregon Department of

Fish and Wildlife and NMFS may adjust the

open/closure cycle through the inseason

management process as necessary to manage

the fishery. All salmon caught in the area

must be landed and delivered in the

immediate area ports only (Gold Beach,

Brookings, or Port Orford) within 24 hours of

each closure. Landing limits may be imposed

inseason as required to maintain an orderly

fishery.

D.3. Sisters Rocks to Mack Arch in July and

August—The fishery will be open only on the

following days through the earlier of August

31 or attainment of the chinook quota (see

E.5.): July 24–25, 28–29, August 1–2, 5–6, 9–

10, 13–14, 17–18, 21–22, 25–26, and 30–31.

The Oregon Department of Fish and Wildlife

and NMFS may adjust the open/closure cycle

through the inseason management process as

necessary to manage the fishery. All salmon

caught in the area must be landed in the

immediate area ports only (Gold Beach,

Brookings, or Port Orford) within 24 hours of

each closure. Landing limits may be imposed

inseason as required to maintain an orderly

fishery.

E. Quotas

E.1. North of Cape Falcon—All non-treaty

troll and recreational ocean fisheries will be

limited by either (a) an overall 0 chinook

quota or (b) impacts on critical Washington

coastal and Puget Sound natural coho stocks

equivalent to the preseason quota of 75,000

coho. The troll fishery will be limited by

overall catch quotas of 0 chinook and 18,750

coho. Any transfers between subarea quotas

of 5,000 fish or less shall be done on a fishfor-fish basis.

E.2. Florence South Jetty to Cape Arago in

August—Limited to a catch quota of 14,000

chinook.

E.3. Cape Arago to Humbug Mountain—

Limited by catch quotas of 13,500 chinook

for the May/June fishery and 10,000 chinook

for the September/October fishery.

E.4. Sisters Rocks to House Rock—Limited

by a catch quota of 1,000 chinook in May.

E.5. Sisters Rocks to Mack Arch—Limited

by a catch quota of 1,200 chinook for July

and August.

BILLING CODE 3510–22–P
21754 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21755

BILLING CODE 3510–22–C
21756 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

TABLE 2.—RECREATIONAL MANAGEMENT MEASURES FOR 1995 OCEAN SALMON FISHERIES (Continued)

[B. Minimum size limits (Total Length in Inches)*]

Chinook Coho Pink

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

Cape Falcon to Hambug Mountain ................................................................................................. 20.0 ............... None.

South of Hambug Mountain ............................................................................................................. 20.0 ............... None, except 20.0 off

California.

*Metric equivalents: 20.0 inches=50.8 cm, 16.0 inches=40.6 cm.

C. Special Requirements, Restrictions and

Exceptions

C.1. Hooks—Single point, single shank

barbless hooks are required north of Point

Conception, California (34°27′00′′ N.

latitude).

C.2. Gear Restriction Between Cape Falcon

and Humbug Mountain—Legal gear limited

to artificial plugs or whole bait, either of

which must be no less than 6 inches (15.2

cm) long; nonpainted weights and no more

than 2 single point, single shank barbless

hooks allowed on whole bait or artificial

plugs; all attractors, including divers, are

prohibited.

C.3. Control Zone 1—The ocean area

surrounding 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. latitude to 124°13′18′′ W.

longitude, then southerly along a line of 167°

True to 46°11′06′′ N. latitude and 124°11′00′′

W. longitude (Columbia River Buoy), then

northeast along Red Buoy Line to the tip of

the south jetty.

C.4. Control Zone 2—The area immediately

adjacent to the mouth of Tillamook Bay is

closed as established by the Oregon

Department of Fish and Wildlife in state

regulations.

C.5. Control Zone 3—The ocean area

surrounding the Klamath River mouth

bounded on the north by 41°38′48′′ N.

latitude (approximately 6 nautical miles

north of the Klamath River mouth), on the

west by 124°23′00′′ W. longitude

(approximately 12 nautical miles off shore),

and on the south by 41°26′48′′ N. latitude

(approximately 6 nautical miles south of the

Klamath River mouth), is closed August 16–

31. (6 nautical miles=11.1 km, 12 nautical

miles=22.2 km)

C.6. Control Zone 4 (Sacramento River

Winter Chinook Conservation Closure)—The

ocean area bounded by a line commencing at

Bolinas Point (Marin County, 37°54′17′′ N.

latitude, 122°43′35′′ W. longitude) southerly

to Duxbury Buoy to Channel Buoy 1 to

Channel Buoy 2 to Point San Pedro (San

Mateo County, 37°35′40′′ N. latitude,

122°31′10′′ W. longitude) is closed from the

opening of the season in 1996 through March

31.

C.7. Inseason Management—To meet

preseason management objectives such as

quotas, harvest guidelines and season

duration, certain regulatory modifications

may become necessary inseason. Such

actions could include modifications to bag

limits or days open to fishing and extensions

or reductions in areas open to fishing. In

addition, NMFS may make inseason

adjustments to fisheries north of Cape Falcon

which are consistent and complementary to

Council spawner escapement objectives in

the event that management agreements or

understandings with Canada warrant reevaluation of the Council’s assumptions

about prior interceptions.

The procedure for inseason transfer of coho

among recreational subareas north of Cape

Falcon will be as follows:

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.8. Consistent with Council management

objectives, the State of Oregon may establish

limited, all-salmon-except-coho fisheries

inside state waters. Fall fisheries under

consideration (mid-September through

November) include areas at the mouths of

Tillamook, Yaquina and Coos bays, and at

the mouths of the Elk and Chetco rivers.

C.9. Consistent with Council management

objectives, the State of Washington may

establish limited fisheries in state waters.

D. Quotas

D.1. North of Cape Falcon—All non-treaty

troll and recreational ocean fisheries will be

limited by either (a) an overall 0 chinook

quota or (b) impacts on critical Washington

coastal and Puget Sound natural coho stocks

equivalent to the preseason quota of 75,000

coho. The recreational fishery will be limited

by overall catch quotas of 0 chinook and

56,250 coho.

D.2. Humbug Mountain to Horse

Mountain—Limited by harvest quotas of

10,600 chinook in May–July, and 900

chinook in August. If the May–July quota is

exceeded by more than 10 percent, the

amount over 10 percent will be deducted

from the August quota.

TABLE 3.—TREATY INDIAN MANAGEMENT MEASURES FOR 1995 OCEAN SALMON FISHERIES

Tribe and area boundaries Open seasons Salmon species

Minimum size limit

(inches)* Special restrictions by

area

Chinook Coho

A. Seasons, Species, Minimum Size Limits, and Gear Restrictions

Makah—That portion of the Fishery

Management Area (FMA) north

of 48°02′15′′ N. latitude (Norwegian Memorial) and east of

125°44′00′′ W. longitude.

May 1 thru earlier of May 31 or

overall chinook guideline.

August 1 thru earliest of September 30 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 handheld lines per person.

Quileute—That portion of the FMA

between 48°07′36′′ N. latitude

(Sand Point) and 47°31′42′′ N.

latitude (Queets River) east of

125°44′00′′ W. longitude.

May 1 thru earlier of May 31 or

overall chinook guideline.

August 1 thru earliest of September 30 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. latitude

(Quillayute River) and 47°21′00′′

N. latitude (Quinault River) east

of 125°44′00′′ W. longitude.

May 1 thru earlier of May 31 or

overall chinook guideline.

August 1 thru earliest of September 30 or chinook or coho quota

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

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

24

24

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

16

Barbless hooks. No

more than 8 fixed

lines per boat.
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21757

TABLE 3.—TREATY INDIAN MANAGEMENT MEASURES FOR 1995 OCEAN SALMON FISHERIES—Continued

Tribe and area boundaries Open seasons Salmon species

Minimum size limit

(inches)* Special restrictions by

area

Chinook Coho

Quinault—That portion of the FMA

between 47°40′06′′ N. latitude

(Destruction Island) and

46°53′18′′ N. latitude (Point Chehalis) east of 125°44′00′′ W. longitude.

May 1 thru earlier of May 31 or

overall chinook guideline.

August 1 thru earliest of September 30 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.

(Note: This table contains important restrictions in Parts A, B, and C which must be followed for lawful participation in the fishery.)

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 for dressed, headoff 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 areas within a 6-mile (9.7 km)

radius of the mouths of the Queets River

(47°31′42′′ N. latitude) and the Hoh River

(47°45′12′′ N. latitude) 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. latitude) 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 12,000 chinook and 25,000 coho salmon.

These quotas include troll catches by the

Klallam and Makah tribes in Washington

State Statistical Area 4B from May 1 through

September 30. The all-salmon-except-coho

fishery in May will be limited by an overall

harvest guideline of 7,000 chinook with the

remainder of the quota available for the allsalmon fishery beginning in August.

Gear Definitions and Restrictions

In addition to gear restrictions shown

in Tables 1, 2, and 3 of this preamble,

the following gear definitions and

restrictions will be in effect.

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 not 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).

There is no limit to the number of lines

that a person may use while

recreationally fishing for salmon off

California.

Fishing includes any activity that can

reasonably be expected to result in the

catching, taking, or harvesting of fish.

Geographical Landmarks

Geographical landmarks referenced in

this notice are at the following

locations:

Skagway Rock .......... 48°21′58′′ N. lat.

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

Carroll Island ........... 48°00′18′′ N. lat.

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

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

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

Cape Lookout ........... 45°20′15′′ N. lat.

Florence South Jetty 44°01′00′′ N. lat.

Cape Arago .............. 43°18′20′′ N. lat.

Humbug Mountain .. 42°40′30′′ N. lat.

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

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

House Rock .............. 42°06′32′′ N. lat.

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

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

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

Point San Pedro ....... 37°35′40′′ 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 Office of 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 661.23 of title 50, Code of

Federal Regulations, requires NMFS to

publish a notice establishing

management measures for ocean salmon

fisheries each year and, if time allows,

invite public comments prior to the

effective date. Section 661.23 further

states that if, for good cause, a notice

must be filed without affording a prior

opportunity for public comment, the

measures will become effective;

however, comments on the notice must

be invited and received for a period of

15 days after filing the notice 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 in March and

April. These meetings are open to the

public and public comment on the
21758 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

salmon management measures is

encouraged. In 1995, the Council

recommended management measures

near the conclusion of its meeting on

April 7, which resulted in a short

timeframe for implementation.

In addition, delay in the start of the

fishing season would deny ocean

fishermen access to harvestable salmon

stocks that, if taken later in the year,

would produce unacceptable impacts on

other salmon stocks, such as those listed

under the ESA. Due to the migratory

patterns of the various salmon stocks,

harvest regimes account for the timing

and location of harvestable stocks in

concert with the stocks of concern.

Therefore, in light of the limited

available time and the adverse effect of

delay, NMFS has determined that good

cause exists to waive the requirements

of 50 CFR 661.23 and 5 U.S.C. 553(b) for

prior notice and opportunity for prior

public comments on that notice to be

published in the Federal Register. For

the same reasons, NMFS has determined

that good cause exists to waive the 30-

day delay in effectiveness under 5

U.S.C. 553(d). For this notice, NMFS is

receiving public comments for 30 days

from publication of the notice.

The public had opportunity to

comment on these management

measures during their development. The

public participated in the March and

April Council, STT, and Salmon

Advisory Subpanel meetings, and in

public hearings held in Washington,

Oregon, and California in late March

that generated the management actions

recommended by the Council and

approved by the Secretary. Written

public comments were invited by the

Council between the March and April

Council meetings.

On March 31, 1991, NMFS issued a

biological opinion that considered the

effects on Sacramento River winter-run

chinook salmon of fishing under the

FMP. The opinion concluded that

implementation of the plan is not likely

to jeopardize the continued existence of

the species. The 1995 season falls

within the scope of the 1991 opinion,

and the seasons and management

measures comply with the

recommendations and incidental take

conditions contained in the biological

opinion. Therefore, it was not necessary

to reinitiate consultation on Sacramento

River winter-run chinook salmon.

NMFS has issued a biological opinion

that considered the effects of fishing

under the 1995 salmon management

measures on wild sockeye salmon, wild

spring/summer chinook salmon, and

wild fall chinook salmon from the

Snake River, which concluded the

fishery in 1995, and the recreational

fisheries early in 1996, under the FMP

are not likely to jeopardize the

continued existence of the listed stocks

or adversely modify critical habitat.

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

773 et seq.

Dated: April 27, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–10804 Filed 4–28–95; 11:27 am]

BILLING CODE 3510–22–P