[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24482-24493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 100218107-0199-01]
RIN 0648-AY60


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2010 Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 24483]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; request for comments.

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SUMMARY: By this final rule, NMFS establishes fishery management 
measures for the 2010 ocean salmon fisheries off Washington, Oregon, 
and California and the 2011 salmon seasons opening earlier than May 1, 
2011. 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, 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 to provide 
for inside fisheries (fisheries occurring in state internal waters).

DATES: Final rule is effective from 0001 hours Pacific Daylight Time, 
May 1, 2010, until the effective date of the 2011 management measures, 
as published in the Federal Register.
    Comments must be received by May 20, 2010.

ADDRESSES: You may submit comments, identified by 0648-AY60, by any one 
of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Fax: 206-526-6736 Attn: Peggy Busby, or 562-980-4047 Attn: 
Jennifer Is[eacute].
    <bullet> Mail: Barry A. Thom, Acting Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way, NE., Seattle, WA 98115-
0070 or to Rod McInnis, Regional Administrator, Southwest Region, NMFS, 
501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov without change. All personal identifying 
information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of the documents cited in this document are available from 
Dr. Donald O. McIsaac, Executive Director, Pacific Fishery Management 
Council, 7700 NE Ambassador Place, Suite 200, Portland, OR 97220-1384, 
and are posted on the Council's Web site (http://www.pcouncil.org).
    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 listed above and to David Rostker, Office of 
Management and Budget (OMB), by e-mail at <a href="/cdn-cgi/l/email-protection#f3b792859a97aca19c8087989681b39c9e91dd969c83dd949c85"><span class="__cf_email__" data-cfemail="440025322d201b162b37302f2136042b29266a212b346a232b32">[email protected]</span></a>, 
or by fax at (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Peggy Busby at 206-526-4323, or 
Jennifer Is[eacute] at 562-980-4046.

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 Fishery Management 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 2010 and pre-May 2011 ocean 
salmon fisheries were recommended by the Pacific Fishery Management 
Council (Council) at its April 9 to 15, 2010, meeting.

Schedule Used to Establish 2010 Management Measures

    The Council announced its annual preseason management process for 
the 2010 ocean salmon fisheries in the Federal Register on December 30, 
2009 (74 FR 69070), and on the Council's Web site at (http://www.pcouncil.org). This notice announced the availability of Council 
documents as well as the dates and locations of Council meetings and 
public hearings comprising the Council's complete schedule of events 
for determining the annual proposed and final modifications to ocean 
salmon fishery management measures. The agendas for the March and April 
Council meetings were published in the Federal Register and on the 
Council's Web site prior to the actual meetings.
    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. All four reports were posted on 
the Council's Web site and otherwise made available to the Council, its 
advisors, and the public upon their completion. The first of the 
reports was prepared in February when the scientific information 
necessary for crafting management measures for the 2010 and pre-May 
2011 ocean salmon fishery first became available. The first report, 
``Review of 2009 Ocean Salmon Fisheries,'' summarizes biological and 
socio-economic data for the 2009 ocean salmon fisheries and assesses 
how well the Council's 2009 management objectives were met. The second 
report, ``Preseason Report I Stock Abundance Analysis for 2010 Ocean 
Salmon Fisheries'' (PRE I), provides the 2010 salmon stock abundance 
projections and analyzes the impacts on the stocks and Council 
management goals if the 2009 regulations and regulatory procedures were 
applied to the projected 2010 stock abundances. The completion of PRE I 
is the initial step in evaluating the full suite of preseason options.
    Following completion of the first two reports, the Council met in 
Sacramento, CA from March 5 to 11, 2010, to develop 2010 management 
options for proposal to the public. The Council proposed three options 
for commercial and recreational fisheries management 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 2010 Ocean Salmon Fisheries,'' which analyzes 
the effects of the proposed 2010 management options.
    Public hearings, sponsored by the Council, to receive testimony on 
the proposed options were held on March 29, 2010, in Westport, WA and 
Coos Bay, OR; and March 30, 2010, in Eureka, CA. The States of 
Washington, Oregon, and California sponsored meetings in various forums 
that also collected public testimony, which was then presented to the 
Council by each state's Council representative. The Council

[[Page 24484]]

also received public testimony at both the March and April meetings and 
received written comments at the Council office.
    The Council met from April 9 to 15, 2010, in Portland, OR to adopt 
its final 2010 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 2010 Ocean Salmon Fisheries,'' which analyzes the environmental and 
socio-economic effects of the Council's final recommendations. After 
the Council took final action on the annual ocean salmon specifications 
in April, it published the recommended management measures in its 
newsletter and also posted them on the Council Web site (http://www.pcouncil.org).

Resource Status

    Fisheries south of Cape Falcon, OR are limited primarily by the 
status of Sacramento River fall Chinook salmon and Sacramento River 
winter Chinook salmon, which is an evolutionarily significant unit 
(ESU) listed under the Endangered Species Act (ESA). Fisheries north of 
Cape Falcon are limited by Lower Columbia River Chinook salmon, and 
Lower Columbia River coho salmon, stocks which are both listed under 
the ESA, and by Thompson River coho from Canada. At the start of the 
preseason planning process for the 2010 management season, NMFS 
provided a letter to the Council, dated March 2, 2010, summarizing its 
ESA consultation standards for listed species as required by the Salmon 
FMP. Supplementary guidance regarding Sacramento River winter Chinook 
salmon was provided to the Council by NMFS in an additional letter 
dated March 24, 2010. The Council's recommended management measures 
comply with NMFS' ESA consultation standards and guidance for those 
listed salmon species which may be affected by Council fisheries. In 
most cases, the recommended measures are more restrictive than NMFS' 
ESA requirements.
    The Sacramento River fall Chinook salmon stock (SRFC) is the major 
contributing stock to ocean Chinook salmon fisheries off Oregon and 
California. Chinook salmon fisheries south of Cape Falcon were largely 
closed in 2008 and 2009 to conserve SRFC in response to low preseason 
abundance forecasts. Despite the closures, SRFC failed to meet its 
conservation objective of 122,000-180,000 adult natural and hatchery 
spawners in 2007, 2008, and 2009 (87,940, 64,456, and 39,530 spawners 
respectively). Because the SRFC conservation objective has not been met 
for the last three years NMFS informed the Council in a letter dated 
March 2, 2010, that the stock is now considered ``overfished'' and 
rebuilding measures will be required. The preseason forecast for SRFC 
escapement in 2010, in the absence of fishing, is 245,500. Based on 
this forecast, and in light of recent declines in adult escapement and 
scientific uncertainty related to the 2010 forecast, the Council has 
recommended conservative management measures designed to achieve a SRFC 
spawning escapement of 180,000, the upper end of the conservation 
objective for this stock.
    NMFS consulted under ESA section 7 regarding the effects of the 
2010 fisheries on the Sacramento River winter Chinook salmon 
Evolutionarily Significant Unit (ESU) and has completed a Biological 
Opinion which includes a reasonable and prudent alternative (RPA) to 
avoid jeopardizing the continued existence of this ESU. The RPA 
includes management area specific fishing season openings and closures, 
and minimum size limits for both commercial and recreational fisheries. 
NMFS provided guidance to the Council regarding the effects of the 2010 
fisheries on the Sacramento River winter Chinook salmon ESU. The 
Council incorporated the RPA into their recommended 2010 management 
measures.
    NMFS consulted under ESA section 7 regarding the effects of the 
2010 fisheries on the Lower Columbia River (LCR) Chinook salmon ESU and 
has completed a Biological Opinion concluding that the proposed 2010 
fisheries are not likely to jeopardize the continued existence of LCR 
Chinook. NMFS provided guidance to the Council regarding the effects of 
the 2010 fisheries on the LCR Chinook salmon ESU. The LCR Chinook 
salmon ESU is comprised of a spring component, a ``far-north'' 
migrating bright component, and a component of north migrating tules. 
The bright and tule components both have fall run timing. The 2004 
Interim Regional Recovery Plan identified twenty-one separate 
populations within the tule component of this ESU. Unlike the spring or 
bright populations of the ESU, LCR tule populations are caught in large 
numbers in Council fisheries, as well as fisheries to the north and in 
the Columbia River. Therefore this component of the ESU is the one most 
likely to constrain Council area fisheries. Total exploitation rate on 
tule populations has been reduced from 49 percent in 2006, to 42 
percent in 2007, 41 percent in 2008, and then to 38 percent in 2009 and 
2010.
    The United States approved a new Pacific Salmon Treaty (PST) 
Agreement in 2008 that was negotiated and recommended by the Pacific 
Salmon Commission. This Agreement took effect on January 1, 2009. It 
includes a new Chinook salmon regime that reduces the allowable annual 
Chinook salmon catch by 30 percent in Canada's West Coast Vancouver 
Island (WCVI) troll and sport fishery and 15 percent in Alaska's 
Southeast Alaska all-gear fishery. Lower Columbia River tule Chinook 
salmon in particular will benefit from the reduction in the WCVI 
fishery. The United States negotiated for harvest reductions in 
Canadian intercepting fisheries largely to benefit the escapement of 
natural origin stocks. ESA-listed LCR tule and Puget Sound Chinook 
salmon were specifically identified to Canada as the intended 
beneficiaries of these reductions. NMFS indicated in its biological 
opinion on the PST Agreement that it intended to ensure that reductions 
in tule harvest secured by the new agreement would be passed through to 
escapement. In 2008 the total exploitation rate on LCR tule Chinook 
salmon was limited to a maximum of 41 percent. NMFS estimated in its 
biological opinion on the new PST Agreement that the catch reductions 
in the northern fisheries would reduce the exploitation rate on tule 
Chinook salmon by approximately three percentage points relative to 
what would have occurred under the previous Chinook salmon regime. 
Therefore, for 2010, Council fisheries should be managed such that the 
total exploitation rate in all fisheries on LCR tule Chinook salmon 
does not exceed 38 percent. This reduction is a further step intended 
to address the needs of the LCR Chinook salmon ESU and the weaker tule 
populations in the ESU in particular.
    In 2008, NMFS conducted ESA section 7 consultation and issued a 
biological opinion regarding the effects of Council fisheries and 
fisheries in the Columbia River on LCR coho. The states of Oregon and 
Washington have focused on use of a harvest matrix for LCR coho, 
developed by Oregon, following their listing under Oregon's State ESA. 
Under the matrix, the allowable harvest in a given year depends on 
indicators of marine survival and brood year escapement. The matrix has 
both ocean and in-river components which can be combined to define a 
total exploitation rate limit for all ocean and in-river fisheries. 
Generally speaking, NMFS supports use of management planning tools that 
allow harvest to vary

[[Page 24485]]

depending on the year-specific circumstances. Conceptually, we think 
Oregon's approach is a good one. However, NMFS has taken a more 
conservative approach for LCR coho in recent years because of 
unresolved issues related to application of the matrix. NMFS will 
continue to apply the matrix as we have in the past, by limiting the 
total harvest to that allowed under the matrix for the ocean fisheries. 
For 2010, the harvest matrix prescribes an ocean exploitation rate of 
15 percent, and a combined ocean and freshwater exploitation rate of 
21.4 percent. However, under these circumstances, the 2008 biological 
opinion limits the overall exploitation rate to that specified in the 
ocean portion of the matrix. As a consequence, ocean salmon fisheries 
under the Council's jurisdiction in 2010, and commercial and 
recreational salmon fisheries in the mainstem Columbia River, including 
select area fisheries (e.g., Youngs Bay), must be managed subject to a 
total exploitation rate limit on LCR coho not to exceed 15 percent. 
Recommended management measures that would affect LCR coho are 
consistent with this requirement.
    The ESA listing status of Oregon Coast (OC) coho has changed over 
the years. On February 11, 2008, NMFS again listed OC coho as 
threatened under the ESA (73 FR 7816 February 11, 2008). Regardless of 
their listing status, the Council has managed OC coho consistent with 
the terms of Amendment 13 of the Salmon FMP and subsequent guidance 
provided by the 2000 ad hoc Work Group appointed by the Council. NMFS 
concluded that the management provisions for OC coho would not 
jeopardize the continued existence of the ESU through its section 7 
consultation on Amendment 13 in 1999, and has since supported use of 
the expert advice provided by the Council's ad hoc Work Group. For the 
2010 season, the applicable spawner status and marine survival index 
are both in the ``low'' category. Under this circumstance, the Work 
Group report requires that the exploitation rate be limited to no more 
than 15 percent. Recommended management measures that would affect OC 
coho are consistent with this requirement.
    Interior Fraser (Thompson River) coho, a Canadian stock, continues 
to be depressed, remaining in the ``low'' status category under the PST 
and, along with LCR coho, is the coho stock most limiting the 2010 
ocean fisheries north of Cape Falcon. The recommended management 
measures satisfy the maximum 10.0 percent total U.S. exploitation rate 
called for by the PST agreements and the Salmon FMP, with a marine 
exploitation rate of 9.8 percent in U.S. fisheries.

Management Measures for 2010 Fisheries

    The Council-recommended ocean harvest levels and management 
measures for the 2010 fisheries 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 runs 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 socioeconomic factors 
affecting resource users. The recommendations are consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act and U.S. obligations to Indian tribes with federally 
recognized fishing rights, and U.S. international obligations regarding 
Pacific salmon. Accordingly, NMFS has adopted them.
    Reflective of preseason stock abundance forecasts, north of Cape 
Falcon the 2010 management measures have a significantly higher Chinook 
salmon quota and a substantially lower coho quota relative to the 2009 
season. The total allowable catch for 2010 is 172,000 Chinook and 
120,500 marked hatchery coho. These fisheries are restricted to protect 
threatened Lower Columbia River Chinook, threatened Lower Columbia 
River coho, threatened Oregon Coastal Natural coho, and coho salmon 
from the Thompson River in Canada. Washington coastal and Puget Sound 
Chinook generally migrate to the far north and are not significantly 
affected by ocean harvests from Cape Falcon, OR, to the U.S.-Canada 
border. Nevertheless, ocean fisheries in combination with fisheries 
inside Puget Sound are also restricted in order to meet ESA-related 
conservation objectives for Puget Sound Chinook. North of Cape Alava, 
WA, the Council recommended a provision prohibiting retention of chum 
salmon during August and September to protect ESA listed Hood Canal 
summer chum. The Council has recommended such a prohibition for the 
last nine years.
    South of Cape Falcon, OR, the commercial salmon fishery will be 
limited to a 30,375-fish quota of Chinook salmon primarily between 
Horse Mountain and Point Arena, California. There will be no commercial 
salmon fishery on coho south of Cape Falcon in 2010 due to greatly 
reduced abundance forecast for Oregon Production Index (OPI) coho as 
compared with 2009. Recreational fisheries south of Cape Falcon will 
have a quota of 26,000 marked hatchery coho, a greatly reduced fishery 
off Oregon compared to 2009. Recreational fisheries for Chinook salmon 
south of Cape Falcon, Oregon to Horse Mountain, California will be open 
May 29 through September 6; south of Horse Mountain to the U.S./Mexico 
border the 2010 recreational season will begin May 1.
    The treaty-Indian commercial troll fishery quota is 55,000 Chinook 
salmon in ocean management areas and Washington State Statistical Area 
4B combined. This quota is higher than the 39,000 Chinook salmon quota 
in 2009. The fisheries include a Chinook-directed fishery in May and 
June with a quota of 27,500 Chinook salmon, and an all-salmon season 
beginning July 1 with a 27,500 Chinook salmon sub-quota. 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 27,500 coho, a substantial decrease from the 60,000 coho 
quota in 2009.

Management Measures for 2011 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 2011 fishing seasons 
opening earlier than May 1 are also established in this action. The 
Council recommended, and NMFS concurs, that the commercial season off 
Oregon from Cape Falcon to Humbug Mountain, from Humbug Mountain to the 
Oregon/California border and the recreational season off Oregon from 
Cape Falcon to Humbug Mountain will open in 2011 as indicated in the 
Season Description section. At the March 2011 meeting, the Council may 
consider inseason recommendations to adjust the commercial season prior 
to May 1 in the areas off Oregon and the recreational season off Oregon 
and California.

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 2010 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 6. 
Other inseason adjustments to management measures are also announced on 
the hotline and through the Notice to Mariners. Inseason actions will 
also be published

[[Page 24486]]

in the Federal Register as soon as practicable.
    The following are the management measures recommended by the 
Council and approved and implemented here for 2010 and, as specified, 
for 2011.

Section 1. Commercial Management Measures for 2010 Ocean Salmon 
Fisheries

    Note:  This section contains restrictions in parts A, B, and C 
that must be followed for lawful participation in the fishery. Each 
fishing area identified in part A specifies the fishing area by 
geographic boundaries from north to south, the open seasons for the 
area, the salmon species allowed to be caught during the seasons, 
and any other special restrictions effective in the area. Part B 
specifies minimum size limits. Part C specifies special 
requirements, definitions, restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR
--U.S./Canada Border to Cape Falcon
    May 1 through the earlier of June 30 or 42,000 Chinook quota. Seven 
days per week (C.1). All salmon except coho (C.7). Cape Flattery, 
Mandatory Yelloweye Rockfish Conservation Area, and Columbia Control 
Zones closed (C.5). See gear restrictions and definitions (C.2, C.3). 
When it is projected that 35,000 Chinook have been landed, NMFS will 
consider inseason action to modify the open period and add landing and 
possession limits to extend the fishery through the end of June.
    July 1 through earlier of September 14 or 14,000 Chinook preseason 
quota (C.8) or a landed catch quota of 11,800 marked coho (C.8.d). Open 
July 1-6, then Friday through Tuesday through July 27, then Saturday 
through Tuesday thereafter. Landing and possession limit of 150 Chinook 
and 50 coho per vessel per open period north of Leadbetter Point or 150 
Chinook and 50 coho south of Leadbetter Point (C.1). All Salmon except 
no chum retention north of Cape Alava, Washington in August and 
September (C.7). All coho must be marked with a healed adipose fin 
clip(C.8.d). See gear restrictions and definitions (C.2, C.3). Cape 
Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia 
Control Zones closed (C.5).
    Oregon State regulations require that fishers south of Cape Falcon, 
OR intending to fish within this area notify Oregon Department of Fish 
and Wildlife (ODFW) before transiting the Cape Falcon, OR line 
(45[deg]46'00'' N. lat.) at the following number: 541-867-0300 Ext. 
271. Vessels must land and deliver their fish within 24 hours of any 
closure of this fishery. Under state law, vessels must report their 
catch on a state fish receiving ticket. Vessels fishing or in 
possession of salmon while fishing north of Leadbetter Point must land 
and deliver their fish within the area and north of Leadbetter Point. 
Vessels fishing or in possession of salmon while fishing south of 
Leadbetter Point must land and deliver their fish within the area and 
south of Leadbetter Point, except that Oregon permitted vessels may 
also land their fish in Garibaldi, Oregon. Oregon State regulations 
require all fishers landing salmon into Oregon from any fishery between 
Leadbetter Point, Washington and Cape Falcon, Oregon must notify ODFW 
within one hour of delivery or prior to transport away from the port of 
landing by calling 541-867-0300 Ext. 271. Notification shall include 
vessel name and number, number of salmon by species, port of landing 
and location of delivery, and estimated time of delivery. Inseason 
actions may modify harvest guidelines in later fisheries to achieve or 
prevent exceeding the overall allowable troll harvest impacts (C.8).
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
    May 1-July 6, July 9-13, 16-20, 23-27, August 1-25 (C.9). All 
salmon except coho (C.7). All vessels fishing in the area must land 
their fish in the State of Oregon. See gear restrictions and 
definitions (C.2, C.3) and Oregon State regulations for a description 
of special regulations at the mouth of Tillamook Bay.
    September 1-30. Sufficient impacts to conduct an experimental 
genetic stock identification study. All salmon must be released in good 
condition after collection of biological samples.
    In 2011, the season will open March 15 for all salmon except coho. 
This opening could be modified following Council review at its March 
2011 meeting.
--Humbug Mountain to Oregon/California Border
    May 1-31;
    July 1 through earlier of July 31, or a 1,500 Chinook quota;
    Aug. 1 through earlier of Aug. 31, or a 1,500 Chinook quota (C.9).

All salmon except coho (C.7). Chinook 28 inch total length minimum size 
limit (B). Prior to June 1, landing and possession limit of 100 Chinook 
per vessel per calendar week; all vessels fishing in the area must land 
their fish in the area or Port Orford. July 1 through August 31, 
landing and possession limit of 30 Chinook per vessel per day and 90 
Chinook per vessel per calendar week; all vessels fishing in this area 
must land and deliver all fish within this area or Port Orford, within 
24 hours of any closure in this fishery, and prior to fishing outside 
of this area. Oregon State regulations require all fishers landing 
salmon from any quota managed season within this area to notify ODFW 
within 1 hour of delivery or prior to transport away from the port of 
landing by calling (541) 867-0300 ext. 252. Notification shall include 
vessel name and number, number of salmon by species, port of landing 
and location of delivery, and estimated time of delivery. See gear 
restrictions and definitions (C.2, C.3).
    June 1-30; September 1-30. Sufficient impacts to conduct an 
experimental genetic stock identification study. All salmon must be 
released in good condition after collection of biological samples.
    In 2011, the season will open March 15 for all salmon except coho, 
with a 28 inch Chinook minimum size limit. This opening could be 
modified following Council review at its March 2011 meeting.
--Oregon/California Border to Humboldt South Jetty (California KMZ)
    Closed except for sufficient impacts to conduct an experimental 
genetic stock identification study May 1 through September 30. All 
salmon must be released in good condition after collection of 
biological samples.
--Humboldt South Jetty to Horse Mt.
    Closed.
--Horse Mt. to Point Arena (Fort Bragg)
    July 1-4, 8-11; July 15 through the earlier of July 29 or an 18,000 
Chinook quota.
    August 1 through the earlier of August 31 or a 9,375 Chinook 
preseason quota (C.8, C.9).

All salmon except coho (C.7). Chinook minimum size limit of 27 inches 
total length (B). All vessels fishing in the area must land their fish 
in the area when the fishery is managed under a quota; all fish must be 
offloaded within 24 hours of any closure of the fishery (C1). See gear 
restrictions and definitions (C.2, C.3).
    May 1 through June 30; September 1-30. Sufficient impacts to 
conduct an experimental genetic stock identification study. All salmon 
must be released in good condition after collection of biological 
samples.
--Pt. Arena to U.S./Mexico Border
    July 1-4, 8-11 (C.9). All salmon except coho (C.7). Chinook minimum

[[Page 24487]]

size limit of 27 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    May 1 through June 30; July 13 through September 30. Sufficient 
impacts to conduct an experimental genetic stock identification study. 
All salmon must be released in good condition after collection of 
biological samples.

B. Minimum Size (Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
                                           Chinook                          Coho
       Area (when open)       ----------------------------------------------------------------        Pink
                                Total length      Head-off      Total length      Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.....            28.0            21.5            16.0            12.0  None.
Cape Falcon to Horse Mt......            28.0            21.5  ..............  ..............  None.
Horse Mt. to US-Mexico Border            27.0            20.5  ..............  ..............  None.
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 16.0 in = 40.6
 cm, and 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, landing/
possession limit, or other special requirements for the area being 
fished and the area in which they are landed if the area is open. 
Salmon may be landed in an area that has been closed more than 96 hours 
only if they meet the minimum size, landing/possession limit, or other 
special requirements for the area in which they were caught. Salmon may 
be landed in an area that has been closed less than 96 hours only if 
they meet the minimum size, landing/possession limit, or other special 
requirements for the areas in which they were caught and landed.
    States may require fish landing/receiving tickets to be kept on 
board the vessel for 90 days after landing to account for all previous 
salmon landings.
C.2. Gear Restrictions
    a. Salmon may be taken only by hook and line using single point, 
single shank, barbless hooks.
    b. Cape Falcon, Oregon, to the OR/CA border: No more than 4 spreads 
are allowed per line.
    c. OR/CA border to U.S./Mexico border: 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.
C.3. Gear Definitions
    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.
    Troll fishing gear defined: 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.
    Spread defined: A single leader connected to an individual lure or 
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.
C.4. 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 fishing for a certain 
species of salmon, while possessing that species of 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.5. 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. Mandatory Yelloweye Rockfish Conservation Area--The area in 
Washington Marine Catch Area 3 from 48[deg]00.00' N. lat.; 
125[deg]14.00' W. long. to 48[deg]02.00' N. lat.; 125[deg]14.00' W. 
long. to 48[deg]02.00' N. lat.; 125[deg]16.50' W. long. to 
48[deg]00.00' N. lat.; 125[deg]16.50' W. long. and connecting back to 
48[deg]00.00' N. lat.; 125[deg]14.00' W. long.
    c. Columbia Control Zone--An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy <greek-i>4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W. 
long.) and the green lighted Buoy <greek-i>7 (46[deg]15'09Pprime; N. 
lat., 124[deg]06'16'' W. long.); on the east, by the Buoy <greek-i>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 the green lighted Buoy <greek-i>7 to the tip of the 
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long.), and 
then along the north jetty to the point of intersection with the Buoy 
<greek-i>10 line; and, on the south, by a line running northeast/
southwest between the red lighted Buoy <greek-i>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.
    d. Bandon High Spot Control Zone--The area west of a line between 
43[deg]07'00'' N. lat.; 124[deg]37'00'' W. long. and 42[deg]40'30'' N. 
lat; 124[deg]52'0'' W. long. extending to the western edge of the 
exclusive economic zone (EEZ).
    e. Klamath Control Zone--The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N. lat. (approximately six 
nautical miles north of the Klamath River mouth); on the west, by 
124[deg]23'00'' W. long. (approximately 12 nautical miles off shore); 
and on the south, by 41[deg]26'48'' N. lat. (approximately six nautical 
miles south of the Klamath River mouth).
C.6. 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.7. 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. Halibut 
retained must be no less than 32 inches (81.28 cm) in total length, 
measured from the tip of the lower jaw with the mouth closed to the 
extreme end of the middle of the tail, and must be landed with the head 
on. License applications for incidental

[[Page 24488]]

harvest must be obtained from the International Pacific Halibut 
Commission (IPHC) (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). ODFW and 
Washington Department of Fish and Wildlife (WDFW) will monitor 
landings. If the landings are projected to exceed the 25,035 pound 
preseason allocation or the total Area 2A non-Indian commercial halibut 
allocation, NMFS will take inseason action to prohibit retention of 
halibut in the non-Indian salmon troll fishery.
    Beginning May 1, IPHC license holders may possess or land no more 
than one Pacific halibut per each three Chinook, except one Pacific 
halibut may be possessed or landed without meeting the ratio 
requirement, and no more than 35 halibut may be possessed or landed per 
trip. Pacific halibut retained must be no less than 32 inches in total 
length (with head on).
    NMFS and the Council request salmon trollers voluntarily avoid a 
``C-shaped'' yelloweye rockfish conservation area in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (Washington marine area 
3), with the following coordinates in the order listed:

48[deg]18' N. lat.; 125[deg]18' W. long.;
48[deg]18' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 124[deg]59' W. long.;
48[deg]11' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 125[deg]11' W. long.;
48[deg]04' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 124[deg]59' W. long.;
48[deg]00' N. lat.; 125[deg]18' W. long.;

and connecting back to 48[deg]18' N. lat.; 125[deg]18' W. long.
C.8. Inseason Management
    In addition to standard inseason actions or modifications already 
noted under the season description, the following inseason guidance is 
provided to NMFS:
    a. Chinook remaining from the May through June non-Indian 
commercial troll harvest guideline north of Cape Falcon may be 
transferred to the July through September harvest guideline on a 
fishery impact equivalent basis.
    b. NMFS may transfer fish between the recreational and commercial 
fisheries north of Cape Falcon on a fishery impact equivalent basis if 
there is agreement among the areas' representatives on the Salmon 
Advisory Subpanel (SAS).
    c. At the March 2011 meeting, the Council will consider inseason 
recommendations for special regulations for any experimental fisheries 
(proposals must meet Council protocol and be received in November 
2010).
    d. If retention of unmarked coho is permitted by inseason action, 
the allowable coho quota will be adjusted to ensure preseason projected 
mortality of critical stocks is not exceeded.
    e. Landing limits may be modified inseason to sustain season length 
and keep harvest within overall quotas.
    f. Chinook remaining from the Horse Mt. to Point Arena commercial 
troll quota in July may be transferred to the August preseason quota on 
a fishery impact equivalent basis.
C.9. State Waters Fisheries
    Consistent with Council management objectives:
    a. The State of Oregon may establish additional late-season 
fisheries in state waters.
    b. The State of California may establish limited fisheries in 
selected state waters.
    Check state regulations for details.
    C.10. For the purposes of California Department of Fish and Game 
(CDFG) Code, Section 8232.5, the definition of the Klamath Management 
Zone (KMZ) for the ocean salmon season shall be that area from Humbug 
Mt., Oregon, to Horse Mt., California.

Section 2. Recreational Management Measures for 2010 Ocean Salmon 
Fisheries

    Note:  This section contains restrictions in parts A, B, and C 
that must be followed for lawful participation in the fishery. Each 
fishing area identified in part A specifies the fishing area by 
geographic boundaries from north to south, the open seasons for the 
area, the salmon species allowed to be caught during the seasons, 
and any other special restrictions effective in the area. Part B 
specifies minimum size limits. Part C specifies special 
requirements, definitions, restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR
--U.S./Canada Border to Cape Falcon
    June 12 through earlier of June 30 or a marked Chinook quota of 
12,000 (C.5). Seven days per week. Two fish per day, all salmon except 
coho, all Chinook must be marked with a healed adipose fin clip (C.1). 
No later than June 23, NMFS will consider inseason action to change bag 
limits. Chinook 24-inch total length minimum size limit (B). See gear 
restrictions (C.2). Inseason management may be used to sustain season 
length and keep harvest within the overall Chinook recreational TAC for 
north of Cape Falcon (C.5).
--U.S./Canada Border to Cape Alava (Neah Bay)
    July 1 through earlier of September 19 or 6,990 marked coho subarea 
quota with a subarea guideline of 5,400 Chinook (C.5). Tuesday through 
Saturday. All salmon except no chum beginning August 1. Two fish per 
day, only one of which can be a Chinook; no later than July 14, NMFS 
will consider inseason action to remove the one Chinook bag limit 
restriction. All retained coho must be marked (C.1). See gear 
restrictions and definitions (C.2, C.3). Inseason management may be 
used to sustain season length and keep harvest within the overall 
Chinook recreational TAC for north of Cape Falcon (C.5).
--Cape Alava to Queets River (La Push Subarea)
    July 1 through earlier of September 19 or 1,700 marked coho subarea 
quota with a subarea guideline of 2,450 Chinook (C.5).
    September 25 through earlier of October 10 or 50 marked coho quota 
or 50 Chinook quota (C.5) in the area north of 47[deg]50'00 N. lat. and 
south of 48[deg]00'00'' N. lat. Tuesday through Saturday through 
September 19, seven days per week beginning September 25. All salmon, 
two fish per day, only one of which can be a Chinook; no later than 
July 14, NMFS will consider inseason action to remove the one Chinook 
bag limit restriction. All retained coho must be marked (C.1). See gear 
restrictions and definitions (C.2, C.3). Inseason management may be 
used to sustain season length and keep harvest within the overall 
Chinook recreational TAC for north of Cape Falcon (C.5).
--Queets River to Leadbetter Point (Westport Subarea)
    July 4 through earlier of September 19 or 24,860 marked coho 
subarea quota with a subarea guideline of 28,000 Chinook (C.5). Sunday 
through Thursday. All salmon, two fish per day, only one of which can 
be a Chinook; no later than July 14, NMFS will consider inseason action 
to remove the one Chinook bag limit restriction. All retained coho must 
be marked (C.1). See gear restrictions and definitions (C.2, C.3). 
Grays Harbor Zone closed beginning August 1 (C.4.b). Inseason 
management may be used to sustain season length and keep harvest within 
the overall Chinook recreational TAC for north of Cape Falcon (C.5).

[[Page 24489]]

--Leadbetter Point to Cape Falcon (Columbia River Subarea)
    July 1 through earlier of September 30 or 33,600 marked coho 
subarea quota with a subarea guideline of 13,100 Chinook (C.5). Seven 
days per week. All salmon, two fish per day, only one of which can be a 
Chinook; no later than July 14, NMFS will consider inseason action to 
remove the one Chinook bag limit restriction. All retained coho must be 
marked (C.1). See gear restrictions and definitions (C.2, C.3). 
Columbia Control Zone closed (C.4.c). Inseason management may be used 
to sustain season length and keep harvest within the overall Chinook 
recreational TAC for north of Cape Falcon (C.5).
South of Cape Falcon, OR
--Cape Falcon to OR/CA Border
    Except as provided below during the all-salmon mark-selective coho 
fishery, the season will be May 29 through September 6 (C.6). Seven 
days per week. All salmon except coho; two fish per day (C.1). Chinook 
minimum size limit of 24 inches total length (B). See gear restrictions 
and definitions (C.2, C.3).
    All-salmon mark-selective coho fishery: June 26 through earlier of 
Sept. 6 or a landed catch of 26,000 marked coho. The all salmon except 
coho season may reopen upon attainment of the coho quota. Seven days 
per week, all salmon, two fish per day. All retained coho must be 
marked (C.1). Fishing in the Stonewall Bank groundfish conservation 
area restricted to trolling only on days the all depth recreational 
halibut fishery is open (call the NMFS halibut fishing hotline 1-800-
662-9825 for specific dates) (C.3.b, C.4.d). Open days may be adjusted 
inseason to utilize the available quota (C.5).
    In 2011, the season between Cape Falcon and Humbug Mt. will open 
March 15 for all salmon except coho, two fish per day (B, C.1, C.2, 
C.3).
--OR/CA Border to Horse Mt. (California KMZ)
    May 29 through September 6 (C.6). Seven days per week. All salmon 
except coho; two fish per day (C.1). Chinook minimum size limit of 24 
inches total length (B). See gear restrictions and definitions (C.2, 
C.3). Klamath Control Zone closed in August (C.4.e). See California 
State regulations for additional closures adjacent to the Smith, Eel, 
and Klamath rivers.
--Horse Mt. to Point Arena (Fort Bragg)
    April 3-30. Seven days per week. All salmon except coho; two fish 
per day (C.1). Chinook minimum size limit of 20 inches total length 
(B). See gear restrictions and definitions (C.2, C.3).
    May 1 through September 6. Seven days per week. All salmon except 
coho; two fish per day (C.1). Chinook minimum size limit of 24 inches 
total length (B). See gear restrictions and definitions (C.2, C.3).
    Inseason action may be taken to open the fishery in April 2011 
pending review at the March 2011 Council meeting of information on 2010 
spawning escapements, 2011 abundance forecasts, annual management 
objectives, or other relevant issues.
--Point Arena to U.S./Mexico Border
    April 3-30. Seven days per week. All salmon except coho; two fish 
per day (C.1). Chinook minimum size limit of 20 inches total length 
(B). See gear restrictions and definitions (C.2, C.3).
    May 1 through September 6. Thursday through Monday. All salmon 
except coho; two fish per day (C.1). Chinook minimum size limit of 24 
inches total length (B). See gear restrictions and definitions (C.2, 
C.3).
    Inseason action may be taken to open the fishery in April 2011 
pending review at the March 2011 Council meeting of information on 2010 
spawning escapements, 2011 abundance forecasts, annual management 
objectives, or other relevant issues.

B. Minimum Size (Total Length in Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
               Area (when open)                    Chinook          Coho                      Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon.........................            24.0            16.0  None.
Cape Falcon to OR/CA Border..................            24.0            16.0  None.
OR/CA Border to Horse Mountain...............            24.0  ..............  24.0.
Horse Mountain to U.S./Mexico Border:
    April 3-30...............................            20.0  ..............  20.0.
    May 1-September 6........................            24.0  ..............  24.0.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 20.0 in = 50.8 cm, and 16.0 in = 40.6 cm.
----------------------------------------------------------------------------------------------------------------

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. Compliance With Minimum Size and 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.
    Ocean Boat Limits: Off the coast of Washington, Oregon, and 
California, each fisher aboard a vessel may continue to use angling 
gear until the combined daily limits of salmon for all licensed and 
juvenile anglers aboard has been attained (additional state 
restrictions may apply).
C.2. Gear Restrictions
    Salmon may be taken only by hook and line using barbless hooks. 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 Point Conception, California: No more than 
one rod may be used per angler; and no more than two 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. Horse Mt., California, to Point Conception, California: Single 
point, single shank, barbless circle hooks (see gear definitions below) 
are required when fishing with bait by any means other than trolling, 
and no more than two such hooks shall be used. When angling with two 
hooks, the distance between the hooks must not exceed five inches 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.
C.3. Gear Definitions
    a. Recreational fishing gear defined: Angling tackle consisting of 
a line with no more than one artificial lure or

[[Page 24490]]

natural bait attached. Off Oregon and Washington, the line must be 
attached to a rod and reel held by hand or closely attended; the rod 
and reel must be held by hand while playing a hooked fish. No person 
may use more than one rod and line while fishing off Oregon or 
Washington. 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 four pounds (1.8 kg). While fishing off California north 
of Point Conception, no person fishing for salmon, and no person 
fishing from a boat with salmon on board, may use more than one rod and 
line. Fishing includes any activity which can reasonably be expected to 
result in the catching, taking, or harvesting of fish.
    b. 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. 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.
C.4. Control Zone Definitions
    a. The Bonilla-Tatoosh Line: A line running from the western end of 
Cape Flattery to Tatoosh Island Lighthouse (48[deg]23'30'' N. lat., 
124[deg]44'12'' W. long.) to the buoy adjacent to Duntze Rock 
(48[deg]28'00'' N. lat., 124[deg]45'00'' W. long.), then in a straight 
line to Bonilla Point (48[deg]35'30'' N. lat., 124[deg]43'00'' W. 
long.) on Vancouver Island, British Columbia.
    b. Grays Harbor Control Zone--The area defined by a line drawn from 
the Westport Lighthouse (46[deg]53'18'' N. lat., 124[deg]07'01'' W. 
long.) to Buoy <greek-i>2 (46[deg]52'42'' N. lat., 124[deg]12'42'' W. 
long.) to Buoy <greek-i>3 (46[deg]55'00'' N. lat., 124[deg]14'48'' W. 
long.) to the Grays Harbor north jetty (46[deg] 36'00'' N. lat., 
124[deg]10'51'' W. long.).
    c. Columbia Control Zone: An area at the Columbia River mouth, 
bounded on the west by a line running northeast/southwest between the 
red lighted Buoy <greek-i>4 (46[deg]13'35'' N. lat., 124[deg]06'50'' W. 
long.) and the green lighted Buoy <greek-i>7 (46[deg]15'09' N. lat., 
124[deg]06'16'' W. long.); on the east, by the Buoy <greek-i>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 the green lighted Buoy <greek-i>7 to the tip of the 
north jetty (46[deg]15'48'' N. lat., 124[deg]05'20'' W. long.) and then 
along the north jetty to the point of intersection with the Buoy 
<greek-i>10 line; and on the south, by a line running northeast/
southwest between the red lighted Buoy <greek-i>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.
    d. Stonewall Bank Groundfish Conservation Area: The area defined by 
the following coordinates in the order listed:

44[deg]37.46' N. lat.; 124[deg]24.92' W. long.;
44[deg]37.46' N. lat.; 124[deg]23.63' W. long.;
44[deg]28.71' N. lat.; 124[deg]21.80' W. long.;
44[deg]28.71' N. lat.; 124[deg]24.10' W. long.;
44[deg]31.42' N. lat.; 124[deg]25.47' W. long.;

and connecting back to 44[deg]37.46' N. lat.; 124[deg]24.92' W. long.
    e. Klamath Control Zone: The ocean area at the Klamath River mouth 
bounded on the north by 41[deg]38'48'' N. lat. (approximately six 
nautical miles north of the Klamath River mouth); on the west, by 
124[deg]23'00'' W. long. (approximately 12 nautical miles off shore); 
and, on the south, by 41[deg]26'48'' N. lat. (approximately 6 nautical 
miles south of the Klamath River mouth).
C.5. Inseason Management
    Regulatory modifications may become necessary inseason to meet 
preseason management objectives such as quotas, harvest guidelines, and 
season duration. In addition to standard inseason actions or 
modifications already noted under the season description, the following 
inseason guidance is provided to NMFS:
    a. Actions could include modifications to bag limits, or days open 
to fishing, and extensions or reductions in areas open to fishing.
    b. Coho may be transferred inseason among recreational subareas 
north of Cape Falcon on a fishery impact equivalent basis to help meet 
the recreational season duration objectives (for each subarea) after 
conferring with representatives of the affected ports and the Council's 
SAS recreational representatives north of Cape Falcon.
    c. Chinook and coho may be transferred between the recreational and 
commercial fisheries north of Cape Falcon on a fishery impact 
equivalent basis if there is agreement among the representatives of the 
Salmon Advisory Subpanel (SAS).
    d. If retention of unmarked coho is permitted in the area from the 
U.S./Canada border to Cape Falcon, Oregon, by inseason action, the 
allowable coho quota will be adjusted to ensure preseason projected 
mortality of critical stocks is not exceeded.
C.6. Additional Seasons in State Territorial Waters
    Consistent with Council management objectives, the States of 
Washington, Oregon, and California may establish limited seasons in 
state waters. Check state regulations for details.

Section 3. Treaty Indian Management Measures for 2010 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

U.S./Canada Border to Cape Falcon
    May 1 through the earlier of June 30, or 27,500 Chinook quota. All 
salmon except coho. 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. If the Chinook quota is exceeded, the excess 
will be deducted from the later all-salmon season. See size limit (B) 
and other restrictions (C).
    July 1 through the earlier of September 15, or 27,500 preseason 
Chinook quota, or 41,500 coho quota. All Salmon. See size limit (B) and 
other restrictions (C).

B. Minimum Size (Inches)

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chinook                            Coho
                Area (when open)                --------------------------------------------------------------------                 Pink
                                                      Total           Head-off          Total           Head-off
--------------------------------------------------------------------------------------------------------------------------------------------------------
North of Cape Falcon...........................            24.0             18.0             16.0             12.0   None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 18.0 in = 45.7 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 24491]]

C. Special Requirements, Restrictions, and Exceptions

C.1. Tribal and Area Boundaries
    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.
    S'KLALLAM--Washington State Statistical Area 4B (All).
    MAKAH--Washington State Statistical Area 4B and that portion of the 
FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of 
125[deg]44'00'' W. long.
    QUILEUTE--That portion of the FMA between 48[deg]07'36'' N. lat. 
(Sand Pt.) and 47[deg]31'42'' N. lat. (Queets River) and east of 
125[deg]44'00'' W. long.
    HOH--That portion of the FMA between 47[deg]54'18'' N. lat. 
(Quillayute River) and 47[deg]21'00'' N. lat. (Quinault River) and east 
of 125[deg]44'00'' W. long.
    QUINAULT--That portion of the FMA between 47[deg]40'06'' N. lat. 
(Destruction Island) and 46[deg]53'18'' N. lat. (Point Chehalis) and 
east of 125[deg]44'00'' W. long.
C.2. Gear Restrictions
    a. Single point, single shank, barbless hooks are required in all 
fisheries.
    b. No more than eight fixed lines per boat.
    c. No more than four hand held lines per person in the Makah area 
fishery (Washington State Statistical Area 4B and that portion of the 
FMA north of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of 
125[deg]44'00'' W. long.)
C.3. Quotas
    a. The quotas include troll catches by the S'Klallam and Makah 
tribes in Washington State Statistical Area 4B from May 1 through 
September 15.
    b. The Quileute Tribe will continue a ceremonial and subsistence 
fishery during the time frame of September 15 through October 15 in the 
same manner as in 2004-2009. Fish taken during this fishery are to be 
counted against treaty troll quotas established for the 2010 season 
(estimated harvest during the October ceremonial and subsistence 
fishery: 100 Chinook; 200 coho).
C.4. Area Closures
    a. The area within a six nautical mile 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.
    b. A closure within two nautical miles 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.

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. On March 18, 2010, NMFS published 
a final rule (75 FR 13024) to implement the IPHC's recommendations, to 
announce fishery regulations for U.S. waters off Alaska and fishery 
regulations for treaty commercial and ceremonial and subsistence 
fisheries, some regulations for non-treaty commercial fisheries for 
U.S. waters off the West Coast, and approval of and implementation of 
the Area 2A Pacific halibut Catch Sharing Plan and the Area 2A 
management measures for 2010. 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 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 the IPHC, and 
implemented by NMFS. 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. Halibut retained must be no less than 32 inches (81.28 cm) 
in total length, measured from the tip of the lower jaw with the mouth 
closed to the extreme end of the middle of the tail, and must be landed 
with the head on. 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). ODFW and WDFW will monitor landings. If the 
landings are projected to exceed the 25,035 pound preseason allocation 
or the total Area 2A non-Indian commercial halibut allocation, NMFS 
will take inseason action to close the incidental halibut fishery.
    Beginning May 1, IPHC license holders may possess or land no more 
than one Pacific halibut per each three Chinook, except one Pacific 
halibut may be possessed or landed without meeting the ratio 
requirement, and no more than 35 halibut may be possessed or landed per 
trip. Pacific halibut retained must be no less than 32 inches in total 
length (with head on).
    NMFS and the Council request that salmon trollers voluntarily avoid 
a ``C-shaped'' YRCA (North Coast Recreational YRCA) in order to protect 
yelloweye rockfish. The area is defined in the Pacific Council Halibut 
Catch Sharing Plan in the North Coast subarea (WA marine area 3) (See 
Section 1.C.7. for the coordinates).

Section 5. 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, WA....................  48[deg]23'00'' N. lat.
Cape Alava, WA.......................  48[deg]10'00'' N. lat.
Queets River, WA.....................  47[deg]31'42'' N. lat.
Leadbetter Point, WA.................  46[deg]38'10'' N. lat.
Cape Falcon, OR......................  45[deg]46'00'' N. lat.
Florence South Jetty, OR.............  44[deg]00'54'' N. lat.
Humbug Mountain, OR..................  42[deg]40'30'' N. lat.
Oregon-California Border.............  42[deg]00'00'' N. lat.
Humboldt South Jetty, CA.............  40[deg]45'53'' N. lat.
Horse Mountain, CA...................  40[deg]05'00'' N. lat.
Point Arena, CA......................  38[deg]57'30'' N. lat.
Point Reyes, CA......................  37[deg]59'44'' N. lat.
Point San Pedro, CA..................  37[deg]35'40'' N. lat.
Pigeon Point, CA.....................  37[deg]11'00'' N. lat.
Point Sur, CA........................  36[deg]18'00'' N. lat.
Point Conception, CA.................  34[deg]27'00'' N. lat.
 

Section 6. 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.

[[Page 24492]]

Classification

    This rule is necessary for conservation and management and is 
consistent with the Magnuson-Stevens Act.
    This notification of annual management measures is exempt from 
review under Executive Order 12866, pursuant to guidance from the 
Office of Management and Budget.
    The provisions of 50 CFR 660.411 state 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 the date 
of publication in the Federal Register. NMFS will receive public 
comments on this action until May 20, 2010. These regulations are being 
promulgated under the authority of 16 U.S.C. 1855(d) and 16 U.S.C. 
773(c).
    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 such procedures are 
impracticable and contrary to the public interest.
    The annual salmon management cycle begins May 1 and continues 
through April 30 of the following year. May 1 was chosen because the 
pre-May harvests constitute a relatively small portion of the annual 
catch. The time-frame of the preseason process for determining the 
annual modifications to ocean salmon fishery management measures 
depends on when the pertinent biological data are available. Salmon 
stocks are managed to meet annual spawning escapement goals or specific 
exploitation rates. Achieving either of these objectives requires 
designing management measures that are appropriate for the ocean 
abundance predicted for that year. These pre-season abundance 
forecasts, which are derived from the previous year's observed spawning 
escapement, vary substantially from year to year, and are not available 
until January and February because spawning escapement continues 
through the fall.
    The preseason planning and public review process associated with 
developing Council recommendations is initiated in February as soon as 
the forecast information becomes available; for this year, the forecast 
information became available when the Council released Preseason Report 
I, on February 24, 2010. The public planning process requires 
coordination of management actions of four states, numerous Indian 
tribes, and the Federal Government, all of which have management 
authority over the stocks. This complex process includes the affected 
user groups, as well as the general public. The process is compressed 
into a 2-month period which culminates at the April Council meeting at 
which the Council adopts a recommendation that is forwarded to NMFS for 
review, approval and implementation of fishing regulations effective on 
May 1.
    Providing opportunity for prior notice and public comments on the 
Council's recommended measures through a proposed and final rulemaking 
process would require 30 to 60 days in addition to the two-month period 
required for development of the regulations. Delaying implementation of 
annual fishing regulations, which are based on the current stock 
abundance projections, for an additional 60 days, would require that 
fishing regulations for May and June be set in the previous year, 
without knowledge of current stock status. Although this is currently 
done for fisheries opening prior to May, relatively little harvest 
occurs during that period (e.g., in 2007 less than one percent of 
commercial and recreational harvest occurred prior to May 1). Allowing 
the much more substantial harvest levels normally associated with the 
May and June seasons to be regulated in a similar way would impair NMFS 
ability to protect weak stocks and ESA listed stocks, and provide 
harvest opportunity where appropriate. The choice of May 1 as the 
beginning of the regulatory season balances the need to gather and 
analyze the data needed to meet the management objectives of the Salmon 
FMP and the requirements to provide adequate public notice and comment 
on the regulations implemented by NMFS.
    If these measures are not in place on May 1, the previous year's 
management measures will continue to apply in most areas. This would 
result in lost fishing opportunities for Chinook salmon north of Cape 
Falcon. In 2009 the commercial fishery north of Cape Falcon began on 
May 1, with specific dates open for fishing, with a 13,745 Chinook 
salmon quota and a landing limit of 75 Chinook salmon per vessel per 
period; under the 2010 management measures, this fishery begins May 1, 
open seven days per week, with a 42,000 Chinook salmon quota and no 
specified landing and possession limit until July 1. Therefore, if this 
regulation is not in place on May 1, fishers will lose the opportunity 
to fully access the available Chinook salmon in May and June, and will 
be unnecessarily restricted to a lower period limit. In addition, the 
discrepancy will cause confusion for the fishermen. Both north and 
south of Cape Falcon, recreational coho fisheries will be more 
restrictive under 2010 management measures. In 2009, the recreational 
fishery north of Cape Falcon had a quota of 176,400 marked coho, in 
2010 that quota will be 67,200; from Cape Falcon to the Oregon/
California border had a 110,000 coho quota, in 2010 the recreational 
coho quota will be 26,000; managing these recreational fisheries under 
2009 measures would result in over harvesting available coho stocks. 
Recreational salmon fisheries south of the Oregon/California border 
were largely closed in 2009, under 2010 management measures there is 
the opportunity for a recreational Chinook salmon fishery opening May 
1, if this regulation is not in place on May 1 fishers will lose the 
opportunity to fish off California.
    Overall, the annual population dynamics of the various salmon 
stocks require managers to vary the season structure of the various 
West Coast area fisheries to both protect weaker stocks and give 
fishers access to stronger salmon stocks, particularly hatchery 
produced fish. Failure to implement these measures immediately could 
compromise the status of certain stocks, or result in foregone 
opportunity to harvest stocks whose abundance has increased relative to 
the previous year thereby undermining the purpose of this agency 
action. Based upon the above-described need to have these measures 
effective on May 1 and the fact that there is 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, 
NMFS has concluded it is impracticable and contrary to the public 
interest to provide an opportunity for prior notice and public comment 
under 5 U.S.C. 553(b)(B).
    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 final rule. As 
previously discussed, data are not available until February and 
management measures not finalized until mid-April. These measures are 
essential to conserve threatened and endangered ocean salmon stocks, 
and to provide for harvest of more abundant stocks. Failure to 
implement these measures immediately could compromise the ability of 
some stocks to attain their conservation objectives, preclude harvest 
opportunity, and negatively impact anticipated international, state, 
and tribal salmon fisheries, thereby undermining the purposes of this 
agency action.

[[Page 24493]]

    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 is also posting the 
regulations on both of its West Coast regional Web sites (http://www.nwr.noaa.gov and http://swr.nmfs.noaa.gov). 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.
    This action contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA), and which have been approved by 
the Office of Management and Budget (OMB) under control number 0648-
0433. The public reporting burden for providing notifications if 
landing area restrictions cannot be met is estimated to average 15 
minutes per response. This estimate includes 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 (see ADDRESSES) and by e-
mail to <a href="/cdn-cgi/l/email-protection#3d795c4b5459626f524e4956584f7d52505f1358524d135a524b"><span class="__cf_email__" data-cfemail="440025322d201b162b37302f2136042b29266a212b346a232b32">[email protected]</span></a>, or fax to 202-395-7285.
    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 PRA, unless that collection of information displays 
a currently valid OMB control number.
    NMFS has current ESA biological opinions that cover fishing under 
these regulations on all listed salmon species. NMFS reiterated their 
consultation standards for all ESA listed salmon and steelhead species 
in their annual Guidance letters to the Council dated March 2 and 24, 
2010. Some of NMFS past biological opinions have found no jeopardy, and 
others have found jeopardy, but provided reasonable and prudent 
alternatives to avoid jeopardy. The management measures for 2010 are 
consistent with the biological opinions that found no jeopardy, and 
with the reasonable and prudent alternatives in the jeopardy biological 
opinions. NMFS consulted this year on the effects of the 2010 annual 
regulations on LCR Chinook salmon. NMFS concluded that the proposed 
2010 fisheries are not likely to jeopardize the continued existence of 
LCR Chinook salmon. NMFS also consulted this year on the effects of the 
2010 annual regulations on Sacramento River winter Chinook salmon. NMFS 
provided a reasonable and prudent alternative in its jeopardy 
biological opinion. The Council's recommended management measures 
therefore comply with NMFS' consultation standards and guidance for all 
listed salmon species which may be affected by Council fisheries. In 
most cases, the recommended measures result in impacts that are more 
restrictive than NMFS' ESA requirements.
    This final rule does not contain policies with federalism 
implications under Executive Order 13132.
    This final rule was developed after meaningful consultation and 
collaboration with the affected tribes. The tribal representative on 
the Council made the motion for the regulations that apply to the 
tribal vessels.

    Authority:  16 U.S.C. 773-773k; 1801 et seq.

    Dated: April 30, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-10566 Filed 4-30-10; 4:15 pm]
BILLING CODE 3510-22-P


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