Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 23185

must maintain on board the vessel, and

submit to the Northeast Regional

Administrator, an accurate fishing log

report for each fishing trip, on forms

supplied by or approved by the

Northeast Regional Administrator. Log

reports must be filled out before landing

any red crab or its equivalent.

Information in log reports must be

provided in accordance with

§ 648.7(b)(1)(i). Fishing vessel log

reports, including negative fishing

reports, must be postmarked or received

by the Northeast Regional Administrator

within 15 days after the end of the

reporting month. Each vessel owner will

be sent forms and instructions,

including the address to which reports

are to be submitted, along with the LOA

issued under this subpart. This log

report does not exempt the owner or

operator from other applicable reporting

requirements of this part.

§ 648.264 Closure.

NMFS shall prohibit any further

fishing for, catching, landing, or

processing at sea of red crab, in a fishing

period for which NMFS has established

a TAC, other than incidental catch as

specified at § 648.267, as of the date

NMFS determines that the total landings

of red crab will reach or exceed that

TAC. NMFS shall publish notification of

this prohibition in the Federal Register,

without further opportunity for public

comment.

§ 648.265 Possession and landing limits.

(a) A vessel or operator of a vessel that

has been issued a valid LOA under this

subpart may fish for, catch, possess,

transport, land, sell, trade, barter, or

process at sea up to 65,000 lb (29.5 mt)

of whole red crab (including culls) or its

equivalent, per fishing trip. For red crab

meat-only, the equivalent weight of

whole red crab is the weight of red crab

meat multiplied by 4. For red crab parts

other than whole or meat-only, the

equivalent weight of whole red crab is

the weight of red crab parts multiplied

by 1.72.

(b) A vessel may not transfer at sea,

either directly or indirectly, or attempt

to transfer at sea to any vessel, any red

crab, or its equivalent, taken in or from

the EEZ.

(c) No person may purchase, possess,

or receive for a commercial purpose,

more than 100 lb (45.4 kg) of whole red

crab, or its equivalent as specified at

§ 648.265(a), caught in the EEZ by a

vessel that has not been issued a valid

LOA under this subpart.

§ 648.266 Trap/pot limits.

A vessel or operator of a vessel may

possess, haul, harvest red crab from, or

carry on board a vessel, up to a total of

600 traps/pots when fishing for,

catching, or landing red crab.

§ 648.267 Incidental catch.

Any vessel or operator of a vessel that

has not been issued a valid LOA under

this subpart, or a vessel or operator of

a vessel that has been issued a valid

LOA under this subpart and the

prohibition specified at § 648.264 takes

effect, is authorized to possess and land

no more than 100 lb (45.4 kg) of whole

red crab, or its equivalent, per trip.

§ 648.268 Prohibitions.

(a) In addition to the general

prohibitions specified in § 600.725 of

this chapter and in § 648.14, it is

unlawful for any person to do any of the

following:

(1) Fish for, catch, possess, transport,

land, sell, trade, barter or process at sea

more than 100 lb (45.4 kg) of whole red

crab, or its equivalent as specified at

§ 648.265(a), per fishing trip, in or from

the EEZ from 35°15.3′ N. Lat., the

latitude of Cape Hatteras Light, NC,

northward to the U.S.-Canada border,

unless in possession of a valid LOA

issued by the Northeast Regional

Administrator under this subpart.

(2) Fail to comply with the

recordkeeping and reporting

requirements of § 648.263.

(3) Fish for, catch, possess, transport,

land, sell, trade, barter or process at sea

red crab in excess of a landing limit

specified in § 648.265.

(4) Possess, haul, harvest red crab

from, or carry on board a vessel, more

than a total of 600 traps/pots when

fishing for, catching, or landing red crab

as specified at § 648.266.

(5) Transfer at sea, either directly or

indirectly, or attempt to transfer at sea

to any vessel, any red crab, or its

equivalent as specified at § 648.265(a),

taken in or from the EEZ.

(6) Purchase, possess, or receive for a

commercial purpose, more than the

incidental catch level specified in

§ 648.267 of red crab caught in the EEZ

from 35°15.3′ N. Lat., the latitude of

Cape Hatteras Light, NC, northward to

the U.S.-Canada border by a vessel that

has not been issued a valid LOA under

this subpart.

(b) [Reserved]

[FR Doc. 01–11460 Filed 5–2–01; 4:57 pm]

BILLING CODE 3510–22–S

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

23186 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

will not be accepted if submitted via email 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

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 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-tospawner 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 age3 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 Councilmanaged 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 subaggregate 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

23188 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

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 nontreaty harvests and management

measures were based in part on

negotiations between Washington State

fishery managers, commercial and

recreational fishing groups, and the

Washington coastal, Puget Sound, and

Columbia River treaty Indian tribes as

authorized by the U.S. District Court in

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

Hoh Indian Tribe v. Baldrige.

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 treatyIndian 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

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 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 OregonCalifornia 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

Area (when open) Total Length Head-off Total 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 19.5a None

South of Pt. Arena prior to July 1 26.0a 19.5 a None

South of Pt. Arena after June 30 27.0a 20.25a 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.

23190 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

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° 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°23′00′′ N.

lat.) to the northern boundary of the

U.S. EEZ; and the area from Cape

Flattery south to Cape Alava, 48°10′00′′

N. lat. and east of 125°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°13′35′′ N. lat., 124°06′50′′ W. long.)

and green lighted Buoy #7 (46°15′09′′ N.

lat., 124°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°14′00′′ N. lat., 124°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°14′48′′ N. lat., 124°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°14′03′′ N. lat., 124°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°38′48′′ N.

lat. (approximately 6 nm (11.1 km)

north of the Klamath River mouth); on

the west, by 124°23′00′′ W. long.

(approximately 12 nm (22.2 km) off

shore); and, on the south, by 41°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 lateseason, 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

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 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 20.0a 20.0

South of Pt. Arena 20.0b 20.0

aExcept 24.0 inches prior to June 1.

bExcept 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

23192 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

single point, single shank, barbless

hooks are required for all fishing gear.

(Note: ODFW regulations in the statewater 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° 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°13′ 35′′ N. Lat., 124°06′ 50′′ W. long.)

and green lighted Buoy #7 (46°15′ 09′′ N.

lat., 124°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°14′ 00′′ N. lat., 124°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°14′ 48′′ N. lat., 124°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°14′ 03′′ N. lat., 124°04′ 05′′ W.

long.), and then along the south jetty to

the point of intersection with the Buoy

ι10 line.

b. Klamath Control Zone—The ocean

area at the Klamath River mouth

bounded on the north by 41°38′ 48′′ N.

lat. (approximately 6 nm (11.1 km)

north of the Klamath River mouth); on

the west, by 124°23′ 00′′ W. long.

(approximately 12 nm (22.2 km) off

shore); and, on the south, by 41°26′ 48′′

N. lat. (approximately 6 nautical miles

(11.1 km) south of the Klamath River

mouth).

C.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

Tribe and Area Boundaries Open Seasons Salmon Species

Minimum Size

(inches) Special Restrictions by

Chi- Area

nook Coho

MAKAH—Washington State Statistical Area

4B and that portion of the FMA north of

48°02′15′′ N. lat. (Norwegian Memorial)

and east of 125°44′ 00′′ W. long.

May 1 through earlier of June 30 or chinook

quota.

All except coho 24 Barbless

hooks No

more than

8 fixed

lines per

boat or no

more than

4 handheld lines

per person

July 1 through earliest of September 15 or

chinook or coho quota.

All 24 16

QUILEUTE—That portion of the FMA between 48°07′ 36′′ N. lat. (Sand Point) and

47°31′ 42′′ N. lat. (Queets River) and east

of 125°44′ 00′′ W. long.

May 1 through earlier of June 30 or chinook

quota.

All except coho 24 Barbless

hooks. No

more than

8 fixed

lines per

boat.

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 23193

Tribe and Area Boundaries Open Seasons Salmon Species

Minimum Size

(inches) Special Restrictions by

Chi- Area

nook Coho

July 1 through earliest of September 15 or

chinook or coho quota.

All 24 16

HOH—That portion of the FMA between

47°54′18′′ N. lat. (Quillayute River) and

47°21′00′′ N. lat. (Quinault River) and east

of 125°44′00′′ W. long.

May 1 through earlier of June 30 or chinook

quota.

All except coho 24 Barbless

hooks. No

more than

8 fixed

lines per

boat.

July 1 through earliest of September 15 or

chinook or coho quota.

All 24 16

QUINAULT—That portion of the FMA between 47°40′06′′ N. lat. (Destruction Island) and 46°53′18′′ N. lat. (Point Chehalis) and east of 125°44′00′′ W. longMay 1 through earlier of June 30 or chinook

quota.

All except coho 24 Barbless

hooks No

more than

8 fixed

lines per

boat.

August 1 through earliest of September 15

or chinook or coho quota.

All 24 16

* 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°31′42′′ N. lat.) and the Hoh River

(47°45′12′′ N. lat.) will be closed to

commercial fishing. A closure within 2

miles (3.2 km) of the mouth of the

Quinault River (47°21′00′′ N. lat.) may

be enacted by the Quinault Nation and/

or the State of Washington and will not

adversely affect the Secretary of

Commerce’s management regime.

C. Quotas

C.1. The overall treaty troll ocean

quotas are 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 allsalmon 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

23194 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

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°23′00′′ N. lat.

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

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

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

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

Florence South Jetty .................................................................................................................................................... 44°00′54′′ N. lat.

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

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

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

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

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

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

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

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

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

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

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

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

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.

Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 23195

This action contains collection-ofinformation 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.

Date ESU covered and effective 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