[Federal Register Volume 66, Number 89 (Tuesday, May 8, 2001)]
[Rules and Regulations]
[Pages 23185-23195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11444]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 010502110-1110-01; I.D. 042401D]
RIN 0648-AO49


Fisheries Off West Coast States and in the Western Pacific; West 
Coast Salmon Fisheries; 2001 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 2001 
ocean salmon fisheries off Washington, Oregon, and California and the 
2002 salmon seasons opening earlier than May 1, 2002. Specific fishery 
management measures vary by fishery and by area. The measures establish 
fishing areas, seasons, quotas, legal gear, recreational fishing days 
and catch limits, possession and landing restrictions, and minimum 
lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-
200 nm) off Washington, Oregon, and California. The management measures 
are intended to prevent overfishing and to apportion the ocean harvest 
equitably among treaty Indian 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 for inside fisheries (fisheries 
occurring in state internal waters).

DATES:  Effective from 0001 hours Pacific Daylight Time, May 2, 2001, 
until the effective date of the 2002 management measures, as published 
in the Federal Register. Comments must be received by May 23, 2001.

ADDRESSES: Comments on the management measures and the related 
environmental assessment (EA) may be sent to Donna Darm, Acting 
Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way 
N.E., Seattle, WA 98115-0070, fax: 206-526-6376; or to Rebecca Lent, 
Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213, fax: 562-980-4018. 
Comments

[[Page 23186]]

will not be accepted if submitted via e-mail or Internet.
    Copies of the EA and other documents cited in this document are 
available from Dr. Donald O. McIsaac, Executive Director, Pacific 
Fishery Management Council, 2130 S.W. Fifth Ave., Suite 224, Portland, 
OR 97201.
    Send comments regarding the reporting burden estimate or any other 
aspect of the collection-of-information requirements in these 
management measures, including suggestions for reducing the burden, to 
one of the NMFS addresses and to the Office of Management and Budget 
(OMB), Washigton, D.C. 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:  William L. Robinson at 206-526-6140, 
or Svein Fougner at 562-980-4040.

SUPPLEMENTARY INFORMATION:

 Background

    The ocean salmon fisheries in the EEZ off Washington, Oregon, and 
California are managed under a ``framework'' fishery management plan 
entitled the Pacific Coast Salmon Plan (Salmon FMP). Regulations at 50 
CFR part 660, subpart H, provide the mechanism for making preseason and 
inseason adjustments to the management measures, within limits set by 
the Salmon FMP, by notification in the Federal Register.
     These management measures for the 2001 and pre-May 2002 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 3 to 6, 2001, meeting.

Schedule Used to Establish 2001 Management Measures

    In accordance with the Salmon FMP, the Council's Salmon Technical 
Team (STT) and staff economist prepared a series of reports for the 
Council, its advisors, and the public. The first of the reports was 
prepared in February when the necessary scientific information first 
became available. The first report, ``Review of 2000 Ocean Salmon 
Fisheries'' (REVIEW), summarizes biological and socio-economic data for 
the 2000 ocean salmon fisheries and assesses how well the Council's 
2000 management objectives were met. The second report, ``Preseason 
Report I Stock Abundance Analysis for 2001 Ocean Salmon Fisheries'' 
(PRE I), provides the 2001 salmon stock abundance projections and 
analyzes the impacts on the stocks and Council management goals if the 
2000 regulations and regulatory procedures were applied to the 2001 
stock abundances.
    The Council met in Portland, OR from March 5 to 9, 2001, to develop 
2001 management options for proposal. Three commercial and three 
recreational fishery management options were proposed for analysis and 
public comment. These options consisted of various combinations of 
management measures designed to protect weak stocks of coho and chinook 
salmon and to provide for ocean harvests of more abundant stocks. After 
the March Council meeting, the Council's STT and staff economist 
prepared a third report, ``Preseason Report II Analysis of Proposed 
Regulatory Options for 2001 Ocean Salmon Fisheries'', which analyzes 
the effects of the proposed 2001 management options. This report also 
was made available to the Council, its advisors, and the public.
    Public hearings to receive public testimony on the proposed options 
were held on: March 26, 2001, in Westport, WA and Coos Bay, OR; March 
27, 2001, in Tillamook, OR and Eureka, CA; and March 28, 2001, in Moss 
Landing, CA. The Council also received public testimony at both the 
March and April meetings, and received written comments at the Council 
office.
    The Council met on April 3 to 6, 2001, in Sacramento, CA to adopt 
its final 2001 recommendations. Following the April Council meeting, 
the Council's STT and staff economist prepared a fourth report, 
``Preseason Report III Analysis of Council-Adopted Management Measures 
for 2001 Ocean Salmon Fisheries,'' 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. After the Council took final action on the annual ocean salmon 
specifications in April, it published the recommended management 
measures in its newsletter.

Resource Status

    Since 1989, NMFS has listed under the Endangered Species Act (ESA) 
16 evolutionarily significant units (ESUs) of salmon on the West Coast. 
As the listings have occurred, NMFS has conducted formal ESA section 7 
consultations and issued biological opinions (BOs) that consider the 
impacts to listed salmonid species resulting from proposed 
implementation of the salmon FMP, or in some cases, from proposed 
implementation of the annual management measures. Associated with the 
BOs are incidental take statements that specify the level of take that 
is exempted from the section 9 prohibitions of the ESA (consultation 
standards). Some of the BOs have concluded that implementation of the 
salmon FMP is not likely to jeopardize the continued existence of 
certain listed ESUs. Other BOs have found that implementation of the 
salmon FMP is likely to jeopardize certain listed ESUs and have 
identified reasonable and prudent alternatives that would avoid the 
likelihood of jeopardizing the continued existence of the ESU under 
consideration. In a March 2, 2001, letter to the Council, NMFS provided 
the Council with ESA standards and guidance for the management of 
stocks listed under the ESA in anticipation of the BOs in preparation 
for the 2001 management season.
    Estimates of the 2000 spawning escapements for key stocks managed 
under the salmon FMP and preseason estimates of 2001 ocean abundance 
are provided in the Council's REVIEW and PRE I documents. The primary 
resource and management concerns are for salmon stocks listed under the 
ESA.
    NMFS has listed three ESUs of coho under the ESA: central 
California coastal, southern Oregon/northern California coastal, and 
Oregon coastal. The three northern sub-stocks of Oregon coastal natural 
(OCN) coho comprise the Oregon coastal coho ESU. OCN coho are the 
largest naturally produced component of the natural and hatchery coho 
stocks originating from rivers south of Leadbetter Point, WA. OCN coho 
are managed as a stock aggregate with four identified sub-stocks that 
include coho produced from Oregon river and lake systems south of the 
Columbia River. NMFS' ESA consultation standards require that the three 
OCN northern sub-stocks be managed in accordance with Amendment 13 to 
the Salmon FMP, which permits an exploitation rate of up to 15 percent 
under the current level of ocean survival. The southern sub-stock is 
part of the southern Oregon/northern California coastal ESU and must be 
managed in accordance with the requirements for that ESU. The 2001 
ocean abundance estimate for OCN is 50,100 coho, which is 90 percent of 
the 2000 preseason prediction of 55,900 coho, but represents a 72 
percent increase above the post-season estimate of the 1998 parent 
brood (PRE I).
    Central California coastal coho and southern Oregon/northern 
California coastal 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

[[Page 23187]]

levels for many years. NMFS' ESA consultation standards for the 
southern Oregon/northern California coastal coho and Central California 
coastal coho ESUs require that the ocean exploitation rate on Rogue/
Klamath hatchery coho be constrained to 13 percent or less, and that 
the retention of coho in recreational and commercial fisheries off 
California be prohibited.
    Sacramento River winter chinook is listed as an endangered species 
under the ESA (59 FR 440, January 4, 1994). NMFS' ESA consultation 
standard requires that all harvest-related impacts to the Sacramento 
River winter chinook salmon population be reduced by a level that would 
achieve at least a 31 percent increase in the age-3 spawner-to-spawner 
replacement rate over a base period of 1989 through 1993. The 2000 
spawning run size was estimated to be 560 adults, similar to the 
estimated 1997 adult escapement. Neither preseason nor postseason 
estimates of ocean abundance are available for winter chinook; however, 
the run is expected to remain depressed in 2001.
    California coastal chinook is listed as a threatened species under 
the ESA (64 FR 50394, September 16, 1999). Coastal chinook spawning 
populations are not well monitored and no estimate of an ocean 
exploitation rate is available. NMFS' ESA consultation standard for 
California coastal chinook requires that the ocean harvest rate on 
Klamath River fall chinook not exceed 17 percent, which is the maximum 
observed since 1996. The standard is intended to prevent harvest 
impacts on California coastal chinook from increasing substantially 
above levels that have occurred since 1996, the year in which 
additional ocean harvest constraints were introduced to protect 
Sacramento River winter chinook.
    California Central Valley spring chinook is listed as a threatened 
species under the ESA (64 FR 50394, September 16, 1999). Since 1994, 
the 3-year replacement rates of Central Valley spring chinook returning 
to Deer and Butte Creeks have consistently increased, with relatively 
strong returns to Butte Creek. NMFS' ESA consultation standard for 
Central Valley spring chinook requires continued implementation of ESA 
consultation standards to protect Sacramento River winter chinook.
    Snake River wild fall chinook is listed under the ESA as a 
threatened species (57 FR 14653, April 22, 1992). Information on the 
stock's ocean distribution and on fishery impacts is not available. 
Fishery impacts on Snake River fall chinook are evaluated using the 
Lyons Ferry Hatchery stock. The Lyons Ferry stock is widely distributed 
and harvested by ocean fisheries from southern California to Alaska. 
NMFS' ESA consultation standard requires that Council fisheries must be 
managed to ensure that the exploitation rate on age-3 and age-4 adults 
for the combined Southeast Alaska, Canadian, and Council fisheries is 
30 percent less than that observed during the 1988-1993 base period.
    This is the second year that NMFS provided guidance to the Council 
related to the Puget Sound chinook ESU. NMFS' consultation standards 
for Puget Sound chinook stocks are expressed in terms of total or 
southern U.S. fishery exploitation rate ceilings, or terminal 
escapement objectives. Under the current management structure, Council 
fisheries are included as part of the suite of fisheries that comprise 
the fishing regime negotiated each year by the co-managers under U.S. 
v. Washington to meet management objectives for Puget Sound and 
Washington Coastal salmon stocks. The comprehensive nature of the 
management objectives and the management planning structure strongly 
connect Council and Puget Sound fisheries. Therefore, in adopting its 
regulations, the Council must determine that its fisheries in the 
ocean, when combined with the suite of other fisheries impacting this 
ESU, meet the management targets set for stocks within this ESU. NMFS 
estimated in its ESA BO for 2000 fisheries that the exploitation rates 
from Council-managed fisheries on Puget Sound spring and fall chinook 
stock aggregates have been zero and three percent or less, 
respectively, in recent years. Management actions taken to meet 
exploitation rate targets will, therefore, occur primarily in the Puget 
Sound fisheries, but the nature of the existing process is such that 
ocean fishery impacts will be accounted for, and are potentially liable 
to constraining measures to meet particular targets.
    NMFS has evaluated the ``Puget Sound Comprehensive Chinook 
Management Plan: Harvest Management Component as a Resource Management 
Plan'' (RMP) for Puget Sound chinook under the recently adopted ESA 
section 4(d) rule (65 FR 42422, July 10, 2000). The RMP, jointly 
developed by the Washington Department of Fish and Wildlife (WDFW) and 
the Puget Sound Treaty Tribes, includes stock-specific harvest 
management objectives for Puget Sound chinook. NMFS has determined that 
the RMP is consistent with the ESA section 4(d) rule, and that the 2001 
ocean and inside fisheries are consistent with the RMP. In addition, 
the 2001 and pre-May 2002 management measures are consistent with the 
standards set to avoid jeopardy in the above BO.

Management Measures for 2001 Fisheries

    The Council recommended ocean harvest levels and management 
measures for 2001 are designed to apportion the burden of protecting 
the weak stocks identified and discussed in PRE I equitably among ocean 
fisheries and to allow maximum harvest of natural and hatchery run 
surplus to inside fishery and spawning needs. NMFS finds the Council's 
recommendations responsive to the goals of the salmon FMP, the 
requirements of the resource, and the socio-economic factors affecting 
resource users. The recommendations are consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and other applicable law, 
including the ESA and U.S. obligations to Indian tribes with federally 
recognized fishing rights. Accordingly, NMFS has adopted them.
    The dominant issues before the Council were achieving an acceptable 
ocean exploitation rate on OCN and southern Oregon/northern California 
coho, meeting NMFS' ESA consultation standards for Sacramento River 
winter chinook, California coastal chinook, and Puget Sound chinook, 
and equitably allocating the Klamath River fall chinook harvest.
    Amendment 13 establishes the allowable harvest rates for OCN coho. 
When the Council adopted Amendment 13 in 1997, it stipulated that the 
amendment should be reviewed and updated on a periodic basis beginning 
in 2000. In November of 1999, the Council approved the formation of an 
ad hoc OCN workgroup to complete the review. The subsequent report 
recommended several changes to the original management matrix including 
a lower range of harvest rates when spawner abundance and marine 
survival are very low. At its November, 2000, meeting the Council 
adopted the OCN workgroup report as ``expert biological advice to help 
guide Council management of OCN coho.'' The report recommended that 
harvest rates be limited to the range of between 0 and 8 percent when 
the status of parental spawners is ``critical'' for any of the sub-
aggregate populations regardless of marine survival. This is the 
circumstance the Council faced this year. Even though the marine 
survival will be in the medium category, the applicable parental 
spawner status is critical, and the OCN workgroup report

[[Page 23188]]

recommended a 0 to 8 percent exploitation rate. The guidance provided 
by the workgroup report given the circumstances for 2001 are more 
specific and more conservative than under the original Amendment 13 
management matrix. The Council's recommended measures are expected to 
produce a 7.4-percent OCN coho exploitation rate (freshwater and 
marine) and a 3.0 percent marine exploitation rate impact for Rogue/
Klamath coho, which are the index stocks for the southern Oregon/
northern California coho stocks. Retention of coho off California 
continues to be prohibited for the seventh consecutive year.
    From the U.S.-Canada border to Cape Falcon, OR, 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.
    North of Cape Falcon, OR, the 2001 management measures are more 
liberal than the 2000 season measures. The total allowable catch for 
2001 is 60,000 chinook and 300,000 coho; these fisheries are restricted 
to protect depressed Washington coastal, Puget Sound, and OCN coho. 
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.
    South of Cape Falcon, OR, the retention of coho is prohibited, 
except for a recreational selective fishery off Oregon in July with a 
55,000-fish quota of marked hatchery coho. Chinook fisheries are 
constrained primarily to meet the ESA standards for California coastal 
chinook and Sacramento River winter chinook. As a result of these 
constraints and the high abundance forecast for age-4 Klamath River 
fall chinook, an unusually large number of fall chinook are predicted 
to be available for in-river harvest in the Klamath-Trinity Basin. 
These constraints also limit impacts on threatened Snake River fall 
chinook and Central Valley spring chinook, and limit hook-and-release 
mortality on Oregon coastal coho, southern Oregon/northern California 
coastal coho, and central California coho. Size limit, gear, and 
seasonal restrictions are intended to reduce harvest impacts on ESA 
listed stocks.

Treaty Indian Fisheries

    The treaty-Indian commercial troll fishery quota is 37,000 chinook 
in ocean management areas and Area 4B combined. The fisheries includes 
a chinook-directed fishery in May and June (under a quota of 18,500 
chinook) and an all-salmon season beginning in July with a 18,500 
chinook sub-quota. The expected 2001 harvest would be an increase from 
the observed harvest in 2000. The coho quota for the treaty-Indian 
troll fishery in ocean management areas, including Washington State 
Statistical Area 4B for the July-September period is 90,000 coho, a 
significant increase from 2000.

2002 Fisheries

    The timing of the March and April Council meetings makes it 
impracticable for the Council to recommend fishing seasons that begin 
before May 1 of the same year. Therefore, the 2002 fishing seasons 
opening earlier than May 1 are also established in this action. The 
Council recommended, and NMFS concurs, that the recreational seasons 
from Horse Mountain to the U.S.-Mexico Border will open off California 
in 2001 as indicated in the season description section. At the November 
2001 meeting, the Council will consider a recommendation to open 
recreational seasons for all salmon except coho prior to April 13 in 
areas off California between Pt. Arena and the U.S.-Mexico border. At 
the March 2002 meeting, the Council will consider inseason 
recommendations to (1) open commercial seasons for all salmon except 
coho prior to May 1 in areas off Oregon and off California south of 
Point Sur, (2) open recreational seasons for all salmon except coho 
prior to May 1 in areas off Oregon, and (3) identify the areas, season, 
quota, and special regulations for any experimental April fisheries 
(proposals must meet Council protocol and be received in November 
2001).

Inseason Actions

    The following sections set out the management regime for the salmon 
fishery. Open seasons and days are described in Sections 1, 2, and 3 of 
the 2001 management measures. Inseason closures in the commercial and 
recreational fisheries are announced on the NMFS hotline and through 
the U.S. Coast Guard Notice to Mariners as described in Section 7. 
Other inseason adjustments to management measures are also announced on 
the hotline and through the Notice to Mariners.
    The following are the management measures recommended by the 
Council and approved and implemented by NMFS for 2001 and, as 
specified, for 2002.

Section 1. Commercial Management Measures for 2001 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C that 
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 30 or 17,000-chinook guideline (see 
C.7.a). All salmon except coho. No more than 4 spreads per line 
beginning June 1 (see gear restrictions in C.2). Cape Flattery and 
Columbia Control Zones closed (C.4.a and C.4.b). The 17,000-chinook 
guideline includes a subarea guideline of 12,000 chinook for the area 
between the U.S.-Canada border and the Queets River. State regulations 
require that fishers fishing within the U.S.-Canada Border to Queets 
River subarea, and intending to land their catch outside of this 
subarea, notify WDFW before they leave the subarea. Vessels must land 
and deliver their fish within the area or in adjacent areas that are 
closed to all commercial non-Indian salmon fishing, and within 24 hours 
of any closure of this fishery. Inseason actions may modify harvest 
guidelines in later fisheries to achieve or prevent exceeding the 
overall allowable troll harvest impacts (see C.7.a).

U.S--Canada Border to Leadbetter Pt.

    July 1 through earliest of July 27 or 7,000-chinook preseason 
guideline (see C.7.a) or 12,000 marked coho guideline. All salmon (all 
retained coho must have a healed adipose fin clip). The 7,000-chinook 
guideline includes a subarea guideline of 4,000 chinook for the area 
between the U.S.-Canada border and the Queets River. Gear restricted to 
plugs 6 inches (15.2 cm) or longer; no more than 4 spreads per line 
plus 1 flasher w/o hooks (see also C.2). Cape Flattery Control Zone 
closed (C.4.a). Trip limits, gear restrictions, and guidelines may be 
implemented or adjusted inseason. Fishery is continuous until 75 
percent of either guideline is caught, then it reverts to 4 days open/3 
days closed. Vessels must land and deliver their fish within the area 
or in adjacent areas that are closed to all commercial non-Indian

[[Page 23189]]

salmon fishing, and within 24 hours of any closure of this fishery. 
State regulations require that fishers fishing within the U.S.-Canada 
Border to Queets River subarea, and intending to land their catch 
outside of this subarea, notify WDFW before they leave the subarea.

Leadbetter Point to Cape Falcon

    July 20 through July 27. Catch in this fishery will be assessed 
against the 6,000 chinook and 63,000 marked coho guidelines in the 
Queets River to Cape Falcon fishery. All salmon (all retained coho must 
have a healed adipose fin clip). See gear restrictions in C.2. Trip 
limits, gear restrictions, and guidelines (see C.7.a) may be instituted 
or adjusted inseason. Vessels must land and deliver their fish within 
the area or in adjacent areas that are closed to all commercial non-
Indian salmon fishing, and within 24 hours of any closure of this 
fishery. Columbia River Control Zone is closed (C.4.b).

Queets River to Cape Falcon

    The earlier of the day following closure of the U.S.-Canada Border 
to Leadbetter Pt. July troll fishery or July 28, but not before July 
20, through earliest of September 30 or the overall chinook quota 
(preseason 6,000-chinook guideline; see C.7.a.) or 63,000 marked coho 
guideline. All salmon (all retained coho must have a healed adipose fin 
clip). See gear restrictions in C.2. Fishery continuous until 75 
percent of either guideline caught, then reverts to a cycle of 4 days 
open/3 days closed. Trip limits, gear restrictions, and guidelines may 
be instituted or adjusted inseason. Vessels must land and deliver their 
fish within the area or in adjacent areas that are closed to all 
commercial non-Indian salmon fishing, and within 24 hours of any 
closure of this fishery. Columbia River Control Zone is closed (C.4.b).

South of Cape Falcon

Cape Falcon to Florence South Jetty

    April 1 through July 18; July 27 through August 29; and September 1 
through October 31. All salmon except coho. See gear restrictions C.2 
and Oregon State regulations for a description of the closed area at 
the mouth of Tillamook Bay. [Note: Incidental retention of halibut is 
not allowed until May 1.]

Florence South Jetty to Humbug Mt.

    April 1 through July 9; July 18 through August 29; and September 1 
through October 31. All salmon except coho. See gear restrictions in 
C.2.

Humbug Mt. to OR-CA Border

    May 1 through May 31. All salmon except coho. See gear restriction 
C.2.
    June 3 through earlier of June 30 or 1,500-chinook. All salmon 
except coho. Fishery follows a cycle of 2 days open/2 days closed (may 
be adjusted inseason to match management needs). Possession and landing 
limit of 30 fish per day. See gear restrictions C.2. All salmon must be 
landed and delivered to Gold Beach, Port Orford, or Brookings within 24 
hours of closure.
    August 1 through earlier of August 31 or 3,000-chinook quota. All 
salmon except coho. Possession and landing limit of 30 fish per day. 
See gear restrictions C.2. All salmon must be landed and delivered to 
Gold Beach, Port Orford, or Brookings within 24 hours of closure.

Humbug Mt., OR to Humboldt South Jetty

    September 1 through earlier of September 30 or 8,000-chinook quota. 
All salmon except coho. Possession and landing limit of 30 fish per 
day. All fish caught in this area must be landed within the area. See 
gear restrictions in C.2. Klamath Control Zone closed (C.4.). The 
8,000-chinook quota includes a harvest guideline limiting the combined 
landings at the ports of Gold Beach, Port Orford, and Brookings to no 
more than 2,000 chinook. If this guideline is reached prior to the 
overall quota, the fishery will close north of the Oregon-California 
border. When the fishery is closed north of the Oregon-California 
border and open to the south, Oregon State regulations provide for the 
following action: Vessels with fish on board caught in the open area 
off California may seek temporary mooring in Brookings, OR prior to 
landing in California only if such vessels first notify the Chetco 
River Coast Guard Station via VHF channel 22A between the hours of 0500 
and 2200 and provide the vessel name, number of fish on board, and 
estimated time of arrival.

Horse Mt. to Pt. Arena (Fort Bragg)

    May 1 through earlier of May 31 or 3,000-chinook quota. All salmon 
except coho. All fish caught in this area must be landed within the 
area. Minimum size 26 inches (66 cm). See gear restrictions in C.2.
    September 1 through September 30. All salmon except coho. Minimum 
size 26 inches (66 cm). See gear restrictions in C.2.

Pt. Arena to Pt. Reyes (Bodega Bay)

    June 24 through September 30. All salmon except coho. Minimum size 
limit 26 inches (66 cm) through June 30 and 27 inches (68.6 cm) 
thereafter. See gear restrictions in C.2.

Pt. Reyes to Pt. San Pedro

    May 24 through September 30. All salmon except coho. Minimum size 
26 inches (66 cm) through June 30 and 27 inches (68.6 cm) thereafter. 
See gear restrictions in C.2.
    Mon. through Fri. October 1 through October 12. All salmon except 
coho. Minimum size 27 inches (68.6 cm). See gear restrictions in C.2.

Pt. San Pedro to Pt. Sur

    May 1 through August 14. All salmon except coho. Minimum size limit 
26 inches (66 cm) through June 30 and 27 inches (68.6 cm) thereafter. 
See gear restrictions in C.2.

Pt. Sur to U.S.-Mexico Border

    May 1 through August 14 and September 11 through September 30. All 
salmon except coho. Minimum size 26 inches (66 cm) through June 30 and 
27 inches (68.6 cm) thereafter. See gear restrictions C.2.
    In 2002, Council to consider opening a fishery from April. 15-30 
south of Pt. Sur (see C.7.b).

                                            B. Minimum Size (Inches)
----------------------------------------------------------------------------------------------------------------
                                                 Chinook                    Coho
----------------------------------------------------------------------------------------------------------------
                                           Total                     Total
           Area (when open)                Length      Head-off      Length      Head-off           Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon                           28.0         21.5         16.0         12.0  None
Cape Falcon to Pt. Arena                   26.0 \a\      19.5\a\                            None
South of Pt. Arena prior to July 1          26.0\a\     19.5 \a\                            None
South of Pt. Arena after June 30            27.0\a\     20.25\a\                            None
----------------------------------------------------------------------------------------------------------------
\a\ Chinook not less than 26 in (19.5 in 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.

[[Page 23190]]

 
Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 20.25 in=51.4 cm, 19.5
  in= 49.5 cm, 16.0 in=40.6 cm, 12.0 in=30.5 cm.

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. Compliance with Minimum Size or Other Special Restrictions:

    All salmon on board a vessel must meet the minimum size 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.2. Gear Restrictions:

    a. Single point, single shank, barbless hooks are required in all 
fisheries.
    b. Off Oregon South of Cape Falcon: No more than 4 spreads are 
allowed per line.
    Spread defined: A single leader connected to an individual lure or 
bait.
    c. Off California: No more than 6 lines are allowed per vessel and 
barbless circle hooks are required when fishing with bait by any means 
other than trolling.
    Circle hook defined: A hook with a generally circular shape and a 
point which turns inward, pointing directly to the shank at a 90 deg. 
angle.
    Trolling defined: Fishing from a boat or floating device that is 
making way by means of a source of power, other than drifting by means 
of the prevailing water current or weather conditions.
    C.3. Transit Through Closed Areas with Salmon on Board: It is 
unlawful for a vessel to have troll or recreational gear in the water 
while transiting any area closed to salmon fishing while possessing 
salmon; however, fishing for species other than salmon is not 
prohibited if the area is open for such species and no salmon are in 
possession.
    C.4. Control Zone Definitions:
    a. Cape Flattery Control Zone--The area from Cape Flattery 
(48 deg.23'00" N. lat.) to the northern boundary of the U.S. EEZ; and 
the area from Cape Flattery south to Cape Alava, 48 deg.10'00" N. lat. 
and east of 125 deg.05'00" W. long.
    b. Columbia Control Zone--An area at the Columbia River mouth, 
bounded on the west by a line running northeast/ southwest between red 
lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.) and 
green lighted Buoy #7 (46 deg.15'09" N. lat., 124 deg.06'16" W. long.); 
on the east, by the Buoy #10 line which bears north/south at 357 deg. 
true from the south jetty at 46 deg.14'00" N. lat., 124 deg.03'07" W. 
long. to its intersection with the north jetty; on the north, by a line 
running northeast/southwest between green lighted Buoy #7 to the tip of 
the north jetty (46 deg.14'48" N. lat., 124 deg.05'20" W. long.) and 
then along the north jetty to the point of intersection with the Buoy 
#10 line; and, on the south, by a line running northeast/southwest 
between red lighted Buoy #4 and the tip of the south jetty 
(46 deg.14'03" N. lat., 124 deg.04'05" W. long.), and then along the 
south jetty to the point of intersection with the Buoy #10 line.
    c. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41 deg.38'48" N. lat. (approximately 6 nm (11.1 
km) north of the Klamath River mouth); on the west, by 124 deg.23'00" 
W. long. (approximately 12 nm (22.2 km) off shore); and, on the south, 
by 41 deg.26'48" N. lat. (approximately 6 nm (11.1 km) south of the 
Klamath River mouth).
    C.5. Notification When Unsafe Conditions Prevent Compliance with 
Regulations: If prevented by unsafe weather conditions or mechanical 
problems from meeting special management area landing restrictions, 
vessels must notify the U.S. Coast Guard and receive acknowledgment of 
such notification prior to leaving the area. This notification shall 
include the name of the vessel, port where delivery will be made, 
approximate amount of salmon (by species) on board, and the estimated 
time of arrival.
    C.6. Incidental Halibut Harvest: During authorized periods, the 
operator of a vessel that has been issued an incidental halibut harvest 
license may retain Pacific halibut caught incidentally in Area 2A while 
trolling for salmon. License applications for incidental harvest must 
be obtained from the International Pacific Halibut Commission (phone 
206-634-1838). Applicants must apply prior to April 1 of each year. 
Incidental harvest is authorized only during May and June troll seasons 
and after June 30 if quota remains and if announced on the NMFS hotline 
(phone 800-662-9825). Oregon Department of Fish and Wildlife (ODFW) and 
WDFW will monitor landings. If the landings are projected to exceed the 
34,046-lb (15.5-mt) preseason allocation or the total Area 2A non-
Indian commercial halibut allocation, NMFS will take inseason action to 
close the incidental halibut fishery. License holders may land no more 
than 1 halibut per each 3 chinook, (except 1 halibut may be landed 
without meeting the ratio requirement), and no more than 35 halibut may 
be landed per trip. Halibut retained must be no less than 32 in (81.3 
cm) in total length (with head on).
    C.7. Inseason Management: In addition to standard inseason actions 
or modifications already noted under the season description, the 
following inseason adjustments may be implemented:
    a. After the May/June non-Indian commercial salmon fishery north of 
Cape Falcon, if the entire 17,000 chinook harvest guideline has not 
been taken, up to 5,000 chinook may be transferred to the Queets River 
to Cape Falcon July-September harvest guideline at a one-to-one rate. 
Any chinook uncaught from the May/June fishery in excess of 5,000 may 
be transferred to the July-September fishery on a fishery impact 
equivalent basis.
    b. At the March 2002 meeting, the Council will consider inseason 
recommendations to: (1) open commercial seasons for all salmon except 
coho prior to May 1 in areas off Oregon and off California south of 
Point Sur, and (2) identify the areas, season, quota, and special 
regulations for any experimental April fisheries (proposals must meet 
Council protocol and be received by November 2001).
    C.8. 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.9. For the purposes of California Department of Fish and Game 
(CDFG) Code, Section 8232.5, the definition of the KMZ for the ocean 
salmon season is that area from Humbug Mt., OR to Horse Mt., CA.

Section 2. Recreational Management Measures for 2001 Ocean Salmon 
Fisheries

    Note: This section contains restrictions in parts A, B, and C that 
must be followed for lawful participation in the fishery.

A. Season Description--North of Cape Falcon

U.S.--Canada Border to Cape Alava (Neah Bay Area)

     July 1 through earlier of September 30 or 23,400-coho subarea 
quota. All salmon (7 days per week), 2 fish per day, but only 1 
chinook, and all retained coho must have a healed adipose fin clip. 
Chinook non-retention in Area 4B unless modified by inseason

[[Page 23191]]

management. Inseason management (C.4) may be used to sustain season 
length and keep harvest within a guideline of 1,700 chinook.

Cape Alava to Queets River (La Push Area)

    July 1 through earlier of September 23 or subarea sub-quota of 
5,350 coho; September 24 through earlier of October 21 or overall 
subarea quota of 5,850 (500 set-aside) coho. All salmon (7 days per 
week), 2 fish per day, but only 1 chinook, and all retained coho must 
have a healed adipose fin clip. Inseason management (C.4) may be used 
to sustain season length and keep harvest within a guideline of 1,000 
chinook for the general season and 100 chinook for the set-aside 
season.

Queets River to Leadbetter Pt. (Westport Area)

    Sunday through Thursday July 1 through earlier of September 30 or 
83,250 coho subarea quota; All salmon. 2 fish per day, but only 1 
chinook and all retained coho must have a healed adipose fin clip. 
Inseason management (C.4) may be used to maintain season length and 
limit harvest within a guideline of 19,450 chinook.

Leadbetter Pt. to Cape Falcon (Columbia River Area)

    Sunday through Thursday July 1 through earlier of September 3 or 
subarea sub-quota of 102,500 coho; Tillamook Head to North Head 
Lighthouse, 7 days per week, September 4 through earlier of September 
30 or overall subarea quota of 112,500 coho (10,000 set-aside). All 
salmon. 2 fish per day, but only 1 chinook and all retained coho must 
have a healed adipose fin clip. Closed between Tillamook Head and Cape 
Falcon beginning August 1. Closed in Recreational Columbia Control Zone 
(C.3.a). Inseason management (C.4) may be used to sustain season length 
and limit harvest within a guideline of 7,750 chinook.

South of Cape Falcon

Cape Falcon to Humbug Mt.

    Except as provided below during the selective fishery, the season 
is: April 1 through October 31; all salmon except coho; 2 fish per day; 
no more than 6 fish in 7 consecutive days. See gear restrictions in 
C.2.a and C.2.b. See Oregon State regulations for a description of a 
closure at the mouth of Tillamook Bay.
    Selective fishery for marked hatchery coho: June 22 through earlier 
of July 31 or a landed catch of 55,000 coho. All salmon. 2 fish per 
day, all retained coho must have a healed adipose fin clip. No more 
than 6 fish in 7 consecutive days. All salmon except coho season 
reopens the earlier of August 1 or attainment of the coho quota.

Humbug Mt. to Horse Mt. (Klamath Management Zone)

    May 17 through July 8 and July 24 through September 3. All salmon 
except coho. 2 fish per day. From May 17 through July 8, no more than 4 
fish in 7 consecutive days. Beginning July 24, no more than 6 fish in 7 
consecutive days. See gear restrictions in C.2. Klamath Control Zone 
(C.3.b) closed during August.

Horse Mt. to Pt. Arena (Fort Bragg)

    February 17 through November 18; All salmon except coho; 2 fish per 
day. Minimum size 24 inches (61 cm) through May 31, and 20 inches (50.8 
cm) thereafter. Gear restrictions include: one rod per angler, no more 
than 2 barbless hooks, and circle hooks when not trolling (C.2.a, C.2.c 
and C.2.d).
    In 2002, the season opens February 16 (nearest Saturday to February 
15) for all salmon except coho. 2 fish per day, 24-inch (61-cm) minimum 
size limit and the same gear restrictions as in 2001.

Pt. Arena to Pigeon Pt.

    April 14 through November 13; All salmon except coho; 2 fish per 
day. Minimum size limit 24 inches (61 cm) through June 30, and 20 
inches (50.8 cm) thereafter. One rod per angler. Gear restrictions 
include: one rod per angler, no more than 2 barbless hooks, and circle 
hooks when not trolling (C.2.a, C.2.c, and C.2.d).
    In 2002, the season opens April 13 for all salmon except coho; 2 
fish per day, 24-inch (61-cm) minimum size limit and the same gear 
restrictions as in 2001. This opening could be modified to allow an 
earlier opening date following Council review at its November 2001 
meeting.

Pigeon Pt. to U.S.-Mexico Border

    March 31 through September 30. All salmon except coho; 2 fish per 
day. Minimum size limit 24 inches (61 cm) through June 30, and 20 
inches (50.8 cm) thereafter. Gear restrictions include: one rod per 
angler, no more than 2 barbless hooks, and circle hooks when not 
trolling (C.2.a, C.2.c, and C.2.d).
    In 2002, the season opens March 30 for all salmon except coho; 2 
fish per day, 24-inch (61-cm) minimum size limit and the same gear 
restrictions as in 2001. This opening date could be modified to an 
earlier opening date following Council review at its November 2001 
meeting.

                        B. Minimum Size (Inches)
------------------------------------------------------------------------
       Area (when open)           Chinook        Coho          Pink
------------------------------------------------------------------------
North of Cape Falcon                   24.0         16.0  None
Cape Falcon to Horse Mt.               20.0         16.0  None, except
                                                           20.0 off CA
Horse Mt. to Pt. Arena              20.0\a\               20.0
South of Pt. Arena                  20.0\b\               20.0
------------------------------------------------------------------------
\a\ Except 24.0 inches prior to June 1.
\b\ Except 24.0 inches prior to July 1.
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, 16.0 in=40.6 cm.

C. Special Requirements, Definitions, Restrictions, or Exceptions

    C.1. 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.2.Gear Restrictions: All persons fishing for salmon, and all 
persons fishing from a boat with salmon on board must meet the gear 
restrictions listed below for specific areas or seasons.
    a. U.S.--Canada Border to Pt. Conception, California: No more than 
one rod may be used per angler and

[[Page 23192]]

single point, single shank, barbless hooks are required for all fishing 
gear. (Note: ODFW regulations in the state-water fishery off Tillamook 
Bay may allow the use of barbed hooks to be consistent with inside 
regulations.)

b. Off Oregon between Cape Falcon and Humbug Mt.:

    April 1-30: Anglers are 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 be used 
only with downriggers.
    May 1 through October 31: No special gear restrictions other than 
anglers must use no more than 2 single point, single shank, barbless 
hooks.
    c. Off California North of Pt. Conception: Anglers must use no more 
than 2 single point, single shank, barbless hooks.
    d. Off California between Horse Mt. and Pt. Conception: Off 
California between Horse Mt. and Pt. Conception: Single point, single 
shank, barbless circle hooks (see circle hook definition below) must be 
used if angling with bait by any means other than trolling and no more 
than 2 such hooks shall be used. When angling with 2 hooks, the 
distance between the hooks must not exceed 5 inches (12.7 cm) when 
measured from the top of the eye of the top hook to the inner base of 
the curve of the lower hook, and both hooks must be permanently tied in 
place (hard tied). Circle hooks are not required when artificial lures 
are used without bait.
    Circle hook defined: A hook with a generally circular shape and a 
point which turns inward, pointing directly to the shank at a 90 deg. 
angle.
    Trolling defined: Angling from a boat or floating device that is 
making way by means of a source of power, other than drifting by means 
of the prevailing water current or weather conditions.

C.3.Control Zone Definitions:

    a. Columbia Control Zone--An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between red 
lighted Buoy #4 (46 deg.13' 35" N. Lat., 124 deg.06' 50" W. long.) and 
green lighted Buoy #7 (46 deg.15' 09" N. lat., 124 deg.06' 16" W. 
long.); on the east, by the Buoy #10 line which bears north/south at 
357 true from the south jetty at 46 deg.14' 00" N. lat., 124 deg.03'07" 
West. long. to its intersection with the north jetty; on the north, by 
a line running northeast/southwest between green lighted Buoy #7 to the 
tip of the north jetty (46 deg.14' 48" N. lat., 124 deg.05' 20" W. 
long.) and then along the north jetty to the point of intersection with 
the Buoy #10 line; and, on the south, by a line running northeast/
southwest between red lighted Buoy #4 and tip of the south jetty 
(46 deg.14' 03" N. lat., 124 deg.04' 05" W. long.), and then along the 
south jetty to the point of intersection with the Buoy <greek-i>10 
line.
    b. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41 deg.38' 48" N. lat. (approximately 6 nm 
(11.1 km) north of the Klamath River mouth); on the west, by 
124 deg.23' 00" W. long. (approximately 12 nm (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.4. Inseason Management: Regulatory modifications may be 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. NMFS may transfer coho inseason 
among recreational subareas north of Cape Falcon to help meet the 
recreational season duration objectives (for each subarea) after 
conferring with representatives of the affected ports and the Salmon 
Advisory Subpanel recreational representatives north of Cape Falcon. At 
the November, 2001 meeting, the Council will consider recommendation to 
open seasons for all salmon except coho prior to April 13, 2002, in 
areas off California between Pt. Arena and the U.S.-Mexico border. At 
the March, 2002 meeting, the Council will consider an inseason 
recommendation to open seasons for all salmon except coho prior to May 
1, 2002, in areas off Oregon.
    C.5. 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.

Section 3. Treaty Indian Management Measures for 2001 Ocean Salmon 
Fisheries

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

A. Season Descriptions

----------------------------------------------------------------------------------------------------------------
                                                                               Minimum Size
                                                                  Salmon         (inches)           Special
   Tribe and Area Boundaries             Open Seasons             Species   -----------------   Restrictions by
                                                                             Chinook   Coho          Area
----------------------------------------------------------------------------------------------------------------
MAKAH--Washington State          May 1 through earlier of      All except         24          Barbless hooks No
 Statistical Area 4B and that     June 30 or chinook quota.     coho                           more than 8 fixed
 portion of the FMA north of 48                                                                lines per boat or
 deg.02'15" N. lat. (Norwegian                                                                 no more than 4
 Memorial) and east of 125                                                                     hand-held lines
 deg.44' 00" W. long.                                                                          per person
                                 July 1 through earliest of    All                24      16
                                  September 15 or chinook or
                                  coho quota.
QUILEUTE--That portion of the    May 1 through earlier of      All except         24          Barbless hooks. No
 FMA between 48 deg.07' 36" N.    June 30 or chinook quota.     coho                           more than 8 fixed
 lat. (Sand Point) and 47                                                                      lines per boat.
 deg.31' 42" N. lat. (Queets
 River) and east of 125 deg.44'
 00" W. long.

[[Page 23193]]

 
                                 July 1 through earliest of    All                24      16
                                  September 15 or chinook or
                                  coho quota.
HOH--That portion of the FMA     May 1 through earlier of      All except         24          Barbless hooks. No
 between 47 deg.54'18" N. lat.    June 30 or chinook quota.     coho                           more than 8 fixed
 (Quillayute River) and 47                                                                     lines per boat.
 deg.21'00" N. lat. (Quinault
 River) and east of 125
 deg.44'00" W. long.
                                 July 1 through earliest of    All                24      16
                                  September 15 or chinook or
                                  coho quota.
QUINAULT--That portion of the    May 1 through earlier of      All except         24          Barbless hooks No
 FMA between 47 deg.40'06" N.     June 30 or chinook quota.     coho                           more than 8 fixed
 lat. (Destruction Island) and                                                                 lines per boat.
 46 deg.53'18" N. lat. (Point
 Chehalis) and east of 125
 deg.44'00" W. long
                                 August 1 through earliest of  All                24      16
                                  September 15 or chinook or
                                  coho quota.
----------------------------------------------------------------------------------------------------------------
* Metric equivalents: 24 in=61.0 cm, 16 in=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 for dressed, head-off salmon, are 18 in 
(45.7 cm) for chinook and 12 in (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 in (61.0 cm) in total length may be retained per day. Chinook 
less than 24 in (61.0 cm) 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 37,000 chinook and 
90,000 coho. The overall chinook quota is divided into 18,500 chinook 
for the May/June chinook-directed fishery and 18,500 chinook for the 
July through September all-salmon season. If the chinook quota for the 
May/June fishery is not fully utilized, the excess fish cannot be 
transferred into the later all-salmon season. The quotas include troll 
catches by the S'Klallam and Makah tribes in Washington State 
Statistical Area 4B from May 1 through September 30.

Section 4. Halibut Retention

    Under the authority of the Northern Pacific Halibut Act, NMFS 
promulgated regulations governing the Pacific halibut fishery which 
appear at 50 CFR part 300, subpart E. In addition, the 2001 Pacific 
halibut management measures were published in the Federal Register on 
March 21, 2001 (66 FR 15801). The regulations and management measures 
provide that vessels participating in the salmon troll fishery in Area 
2A (all waters off the States of Washington, Oregon, and California), 
which have obtained the appropriate 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 by IPHC, and implemented 
by NMFS. 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 the May and June 
troll seasons. It is also authorized after June 30 if halibut quota 
remains and if halibut retention is announced on the NMFS hotline 
(phone 800-622-9825). License holders may land no more than 1 halibut 
per each 3 chinook, except 1 halibut may be landed without meeting the 
ratio requirement, and no more than 35 halibut may be landed per trip. 
Halibut retained must meet the minimum size limit of 32 in (81.3 cm). 
The ODFW and WDFW will monitor landings and, if they are projected to 
exceed the 34,046-lb (15.5-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 IPHC. 
Applicants must apply prior to April 1 of each year.

Section 5. Gear Definitions and Restrictions

    In addition to the gear restrictions shown in Section 1, 2, and 3, 
the following gear definitions and restrictions are applicable:
    Commercial Troll Fishing Gear: Troll fishing gear for the ocean 
salmon fisheries in the EEZ off Washington, Oregon, and California is 
defined as one or more lines that drag hooks behind a moving fishing 
vessel. In that portion of the fishery management area (FMA) off Oregon 
and Washington, the line or lines must be affixed to the vessel and 
must not be intentionally disengaged from the vessel at any time during 
the fishing operation.
    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

[[Page 23194]]

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 lb (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.

Section 6. Geographical Landmarks

    Wherever the words ``nautical miles off shore'' are used in this 
document, the distance is measured from the baseline from which the 
territorial sea is measured.
    Geographical landmarks referenced in this document are at the 
following locations:

    Cape Flattery..............................    48 deg.23'00" N. lat.
    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.
    Florence South Jetty.......................    44 deg.00'54" N. lat.
    Humbug Mountain............................    42 deg.40'30" N. lat.
    Mack Arch..................................    42 deg.13'40" N. lat.
    House Rock.................................    42 deg.06'32" 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.
    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
 

Section 7. Inseason Notice Procedures

    Actual notice of inseason management actions will be provided by a 
telephone hotline administered by the Northwest Region, NMFS, 206-526-
6667 or 800-662-9825, and by U.S. Coast Guard Notice to Mariners 
broadcasts. These broadcasts are announced on Channel 16 VHF-FM and 
2182 KHz at frequent intervals. The announcements designate the channel 
or frequency over which the Notice to Mariners will be immediately 
broadcast. Inseason actions will also be filed with the Federal 
Register as soon as practicable. Since provisions of these management 
measures may be altered by inseason actions, fishermen should monitor 
either the telephone hotline or Coast Guard broadcasts for current 
information for the area in which they are fishing.

Classification

    This notification of annual management measures is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior 
notice and opportunity for public comment. As described earlier 
(Schedule Used to Establish 2001 Management Measures), the Council 
solicited public comment on these measures and has notified the public 
of the measures it recommended for implementation. Providing additional 
opportunity for prior notice and public comments on these measures 
through a rulemaking process would be impracticable and contrary to the 
public interest. Given the extremely low returns of many ocean salmon 
stocks listed under the ESA, the need to prevent overfishing, and the 
need to facilitate a level of escapement to meet the requirements of 
the resource and inside fisheries, it is essential to have these 
measures effective at the beginning of the fishing year. Failure to 
implement these measures immediately could compromise the status of 
certain stocks and negatively impact international, state, and tribal 
salmon fisheries, thereby undermining the purposes of this agency 
action.
    For the reasons discussed earlier, the AA has determined that good 
cause exists to waive the requirements of 50 CFR 660.411 for prior 
notice and opportunity for public comments. 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. NMFS will receive public 
comments on this action for 15 days from the date of filing this action 
for public inspection with the Office of the Federal Register.
    The AA also finds that good cause exists under 5 U.S.C. 553(d)(3), 
to waive the 30-day delay in effectiveness of this rule. The finding of 
good cause is based upon the public's interest in having these 
provisions in place as early as possible in the ocean salmon fishing 
year. As previously discussed, these measures are essential to conserve 
threatened and endangered ocean salmon stocks, and to provide for 
harvest of more abundant stocks. The finding of good cause to waive the 
30-day delay in effectiveness is also based on the limited time 
available to implement these new measures after the final Council 
meeting in April and before the commencement of the ocean salmon 
fishing year on May 1.
    To enhance notification of the fishing industry of these new 
measures, NMFS is announcing the new measures over the telephone 
hotline used for inseason management actions and by U.S. Coast Guard 
Notice to Mariners Broadcast. NMFS is also advising the States of 
Washington, Oregon, and California on the new management measures. 
These states announce the seasons for applicable state and Federal 
fisheries through their own public notification systems.

[[Page 23195]]

    This action contains collection-of-information requirements subject 
to the PRA, and which have been approved by OMB under control number 
0648-0433. The public reporting burden for providing notifications if 
landing area restrictions cannot be met, or to obtain temporary mooring 
in Brookings, OR, is estimated to average 15 minutes per response. This 
estimate include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS and 
OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid OMB control 
number.
    Since 1989, NMFS has listed 16 ESUs of salmon on the West Coast. As 
the listings have occurred, NMFS has conducted formal ESA section 7 
consultations (Table 1) and issued biological opinions (BOs) that 
consider the impacts to listed salmonid species resulting from proposed 
implementation of the salmon FMP, or in some cases, from proposed 
implementation of the annual management measures.

 Table 1. NMFS' biological opinions on ocean fisheries implemented under
   the salmon FMP and duration of the proposed action covered by each
                                opinion.
------------------------------------------------------------------------
                                            ESU covered and effective
                  Date                                period
------------------------------------------------------------------------
March 8, 1996                            Snake River chinook and sockeye
                                          (until reinitiated),
                                          Sacramento River winter
                                          chinook (6 years)
February 18, 1997                        Sacramento River winter chinook
                                          (5 years)
April 28, 1999                           Oregon coastal coho, S. Oregon/
                                          N. California coastal coho,
                                          Central California coastal
                                          coho (until reinitiated)
April 28, 2000                           Central Valley spring chinook
                                          and California coastal chinook
                                          (until reinitiated)
April 30, 2001                           Upper Columbia River spring
                                          chinook, Upper Willamette
                                          River chinook, Lower Columbia
                                          River chinook, Puget Sound
                                          chinook (until reinitiated)
------------------------------------------------------------------------

    Based on these BOs, NMFS concludes that these management measures 
are not likely to jeopardize the continued existence of any ESU of 
salmon that is listed under the ESA. The Council's recommended 
management measures comply with the terms and conditions of the 
incidental take statements in all applicable BOs related to listed 
salmon species that may be affected by Council fisheries.

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

    Dated: May 2, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-11444 Filed 5-2-01; 4:25 pm]
BILLING CODE 3510-22-S