24482 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

$100 million in 1995 dollars, updated 

annually for inflation. That threshold 

level is currently about $135 million. 

This interim final rule contains 

reporting mandates for private sector 

firms, but these will not cost more than 

the approximately $6 million that we 

have estimated. It includes no mandates 

on State, local, or tribal governments. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule and subsequent final rule 

that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This interim final rule does not impose 

substantial direct requirement costs on 

State and local governments, preempt 

State law, or otherwise have Federalism 

implications. 

In accordance with the provisions of 

Executive Order 12866, this interim 

final rule was reviewed by the Office of 

Management and Budget. 

List of Subjects in 45 CFR Part 159 

Administrative practice and 

procedure, Computer technology, 

Health care, Health facilities, Health 

insurance, Health records, Hospitals, 

Medicaid, Medicare, Penalties, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, the Department of Health and 

Human Services amends 45 CFR subtitle 

A, subchapter B, by adding a new part 

159 to read as follows: 

PART 159—HEALTH CARE REFORM 

INSURANCE WEB PORTAL 

Sec. 

159.100 Basis and Scope. 

159.110 Definitions. 

159.120 Data Submission for the individual 

and small group markets. 

Authority: Section 1103 of the Patient 

Protection and Affordable Care Act (Pub. L. 

111–148). 

§ 159.100 Basis and scope. 

This part establishes provisions 

governing a Web portal that will provide 

information on health insurance 

coverage options in each of the 50 States 

and the District of Columbia. It sets 

forth data submission requirements for 

health insurance issuers. It covers the 

individual market and the small group 

market. 

§ 159.110 Definitions. 

For purposes of part 159, the 

following definitions apply unless 

otherwise provided: 

Health Insurance Coverage: We adopt 

the Public Health Service Act (PHSA) 

definition of ‘‘health insurance 

coverage’’ found at section 2791(b)(1) of 

the Public Health Service Act (PHSA). 

Health Insurance Issuer: We adopt the 

PHSA definition of ‘‘health insurance 

issuer’’ found at section 2791(b)(2) of the 

PHSA. 

Health Insurance Product: Means a 

package of benefits that an issuer offers 

that is reported to State regulators in an 

insurance filing. 

Individual Health Insurance 

Coverage: We adopt the PHSA 

definition of ‘‘individual health 

insurance coverage’’ found at section 

2791(b)(5) of the PHSA. 

Individual Market: We adopt the 

Affordable Care Act definition of 

‘‘individual market’’ found at section 

1304(a)(2) of the Affordable Care Act 

and 2791(e)(1)(A) of the PHSA. 

Portal Plan: Means the discrete 

pairing of a package of benefits and a 

particular cost sharing option (not 

including premium rates or premium 

quotes). 

Section 1101 High Risk Pools: We 

define section 1101 high risk pools as 

any entity described in regulations 

implementing section 1101 of the 

Affordable Care Act. 

Small Employer: We adopt the 

Affordable Care Act definition of ‘‘small 

employer’’ found at section 1304(b)(2) 

and (3). 

Small Group Coverage: Means health 

insurance coverage offered to employees 

of small employers in the small group 

market. 

Small Group Market: We adopt the 

Affordable Care Act definition of ‘‘small 

group market’’ found at section 

1304(a)(3). 

State Health Benefits High Risk Pools: 

Means nonprofit organizations created 

by State law to offer comprehensive 

health insurance to individuals who 

otherwise would be unable to secure 

such coverage because of their health 

status. 

§ 159.120 Data submission for the 

individual and small group markets. 

(a) Health insurance issuers 

(hereinafter referred to as issuers) must, 

in accordance with guidance issued by 

the Secretary, submit corporate and 

contact information; administrative 

information; enrollment data by health 

insurance product; product names and 

types; whether enrollment is currently 

open for each health insurance product; 

geographic availability information; 

customer service phone numbers; and 

Web site links to the issuer Web site, 

brochure documents, and provider 

networks; and financial ratings on or 

before May 21, 2010, and annually 

thereafter. 

(b) Issuers must, as determined by the 

Secretary, submit pricing and benefit 

information for their portal plans on or 

before September 3, 2010, and annually 

thereafter. 

(c) Issuers must submit updated 

pricing and benefit data for their portal 

plans whenever they change premiums, 

cost-sharing, types of services covered, 

coverage limitations, or exclusions for 

one or more of their individual or small 

group portal plans. 

(d) Issuers must submit pricing and 

benefit data for portal plans associated 

with products that are newly open or 

newly reopened for enrollment within 

30 days of opening for enrollment. 

(e) Issuers must annually verify the 

data submitted under paragraphs (a) 

through (d) of this section, and make 

corrections to any errors that are found. 

(f) Issuers must submit administrative 

data on products and portal plans, and 

these performance ratings, percent of 

individual market and small group 

market policies that are rescinded; the 

percent of individual market policies 

sold at the manual rate; the percent of 

claims that are denied under individual 

market and small group market policies; 

and the number and disposition of 

appeals on denials to insure, pay claims 

and provide required preauthorizations, 

for future releases of the Web portal in 

accordance with guidance issued by the 

Secretary. 

(g) The issuer’s CEO or CFO must 

electronically certify to the 

completeness and accuracy of all data 

submitted for the October 1, 2010, 

release of the Web portal and for any 

future updates to these requirements. 

Dated: April 29, 2010. 

Jay Angoff, 

Director, Office of Consumer Information and 

Insurance Oversight. 

Dated: April 29, 2010. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2010–10504 Filed 4–30–10; 4:15 pm] 

BILLING CODE 4150–03–P 

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 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 24483 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; request for 

comments. 

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: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736 Attn: Peggy 

Busby, or 562–980–4047 Attn: Jennifer 

Ise ́. 

• 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 

David_Rostker@omb.eop.gov, or by fax 

at (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Busby at 206–526–4323, or 

Jennifer Ise ́ 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 socioeconomic 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 


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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 ‘‘farnorth’’ 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 


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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 Chinookdirected 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 subquota. The coho quota for the treatyIndian 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 


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24486 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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°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 


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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) 

Area (when open) 

Chinook Coho 

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°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°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. Mandatory Yelloweye Rockfish 

Conservation Area—The area in 

Washington Marine Catch Area 3 from 

48°00.00′ N. lat.; 125°14.00′ W. long. to 

48°02.00′ N. lat.; 125°14.00′ W. long. to 

48°02.00′ N. lat.; 125°16.50′ W. long. to 

48°00.00′ N. lat.; 125°16.50′ W. long. 

and connecting back to 48°00.00′ N. lat.; 

125°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 

#4 (46°13′35′′ N. lat., 124°06′50′′ W. 

long.) and the green lighted Buoy #7 

(46°15′09Pprime; 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 the green lighted 

Buoy #7 to the tip of the north jetty 

(46°15′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 

the 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 #10 line. 

d. Bandon High Spot Control Zone— 

The area west of a line between 

43°07′00′′ N. lat.; 124°37′00′′ W. long. 

and 42°40′30′′ N. lat; 124°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°38′48′′ N. 

lat. (approximately six nautical miles 

north of the Klamath River mouth); on 

the west, by 124°23′00′′ W. long. 

(approximately 12 nautical miles off 

shore); and on the south, by 41°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 


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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°18′ N. lat.; 125°18′ W. long.; 

48°18′ N. lat.; 124°59′ W. long.; 

48°11′ N. lat.; 124°59′ W. long.; 

48°11′ N. lat.; 125°11′ W. long.; 

48°04′ N. lat.; 125°11′ W. long.; 

48°04′ N. lat.; 124°59′ W. long.; 

48°00′ N. lat.; 124°59′ W. long.; 

48°00′ N. lat.; 125°18′ W. long.; 

and connecting back to 48°18′ N. lat.; 

125°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°50′00 N. lat. and south of 

48°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). 


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—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 


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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° 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°23′30′′ N. lat., 124°44′12′′ W. long.) 

to the buoy adjacent to Duntze Rock 

(48°28′00′′ N. lat., 124°45′00′′ W. long.), 

then in a straight line to Bonilla Point 

(48°35′30′′ N. lat., 124°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°53′18′′ N. lat., 

124°07′01′′ W. long.) to Buoy #2 

(46°52′42′′ N. lat., 124°12′42′′ W. long.) 

to Buoy #3 (46°55′00′′ N. lat., 124°14′48′′ 

W. long.) to the Grays Harbor north jetty 

(46° 36′00′′ N. lat., 124°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 

#4 (46°13′35′′ N. lat., 124°06′50′′ W. 

long.) and the 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 the green lighted Buoy #7 to 

the tip of the north jetty (46°15′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 the 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 

#10 line. 

d. Stonewall Bank Groundfish 

Conservation Area: The area defined by 

the following coordinates in the order 

listed: 

44°37.46′ N. lat.; 124°24.92′ W. long.; 

44°37.46′ N. lat.; 124°23.63′ W. long.; 

44°28.71′ N. lat.; 124°21.80′ W. long.; 

44°28.71′ N. lat.; 124°24.10′ W. long.; 

44°31.42′ N. lat.; 124°25.47′ W. long.; 

and connecting back to 44°37.46′ N. lat.; 

124°24.92′ W. long. 

e. Klamath Control Zone: The ocean 

area at the Klamath River mouth 

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

lat. (approximately six nautical miles 

north of the Klamath River mouth); on 

the west, by 124°23′00′′ W. long. 

(approximately 12 nautical miles off 

shore); and, on the south, by 41°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) 

Area (when open) 

Chinook Coho 

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. 


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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 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°02′15′′ N. lat. 

(Norwegian Memorial) and east of 

125°44′00′′ W. long. 

QUILEUTE—That portion of the FMA 

between 48°07′36′′ N. lat. (Sand Pt.) and 

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

of 125°44′00′′ W. long. 

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. 

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

and east of 125°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°31′42′′ N. lat.) and the Hoh River 

(47°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°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 nonIndian 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 ‘‘Cshaped’’ 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°23′00′′ N. lat. 

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

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

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

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

Florence South Jetty, 

OR.

44°00′54′′ N. lat. 

Humbug Mountain, 

OR.

42°40′30′′ N. lat. 

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

Humboldt South Jetty, 

CA.

40°45′53′′ N. lat. 

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

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

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

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

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

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

Point Conception, CA 34°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. 


erowe on DSK5CLS3C1PROD with RULES
24492 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 

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 timeframe 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 abovedescribed 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. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Rules and Regulations 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-ofinformation 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 

David_Rostker@omb.eop.gov, 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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