Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20175

significant impact on the quality of the

human environment.

5. Executive Order 12778 (Civil Justice

Reform)

This final rule does not have any

retroactive effect. Under 49 U.S.C.

30103, whenever a Federal motor

vehicle safety standard is in effect, a

State may not adopt or maintain a safety

standard applicable to the same aspect

of performance which is not identical to

the Federal standard, except to the

extent that the State requirement

imposes a higher level of performance

and applies only to vehicles procured

for the State’s use. 49 U.S.C. 30161 sets

forth a procedure for judicial review of

final rules establishing, amending or

revoking Federal motor vehicle safety

standards. That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

tires.

In consideration of the foregoing, 49

CFR part 571 is amended as set forth

below:

PART 571—[AMENDED]

1. The authority citation for part 571

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

§ 571.211 [Removed]

2. Section 571.211 is removed and

reserved.

Issued on: April 30, 1996.

Ricardo Martinez,

Administrator.

[FR Doc. 96–11114 Filed 5–03–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 620

[Docket No. 960126016–6121–04; I.D.

042996F]

General Provisions for Domestic

Fisheries; Extension of Emergency

Fishing Closure in Block Island Sound

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

extension.

SUMMARY: In response to a request from

the State of Rhode Island, NMFS is

extending the emergency interim rule

that closed a portion of Federal waters

off the coast of the State of Rhode

Island, in Block Island Sound

subsequent to an oil spill. Fishing for

and possession of lobsters in a small

area east and north of Block Island will

remain prohibited.

EFFECTIVE DATE: May 1, 1996, through

July 23, 1996.

FOR FURTHER INFORMATION CONTACT:

Daniel Morris, (508) 281–9388.

SUPPLEMENTARY INFORMATION: On

January 19, 1996, an oil barge grounded

and spilled more than 800,000 gallons

(3.0 million liters) of heating oil into the

waters of Block Island Sound, RI. On

January 26, 1996, NMFS, at the request

of and in conjunction with the State of

Rhode Island, prohibited the harvest of

seafood from an area of approximately

250 square miles (647 square km) in

Block Island Sound. The original area of

closure was announced and defined in

an emergency interim rule published in

the Federal Register on February 1,

1996 (61 FR 3602).

The Federal closure has been twice

amended, effective on March 13, 1996

(61 FR 11164, March 19, 1996), and

April 9, 1996 (61 FR 16401, April 15,

1996). The latter citation describes the

current closure.

Following the oil spill, State officials,

in consultation with Federal agencies

and the responsible party, developed a

protocol for reopening fisheries in the

affected area. The protocol sets

sampling, inspection, and analysis

standards, which, if met, would ensure

that seafood is wholesome and would

provide a basis for reopening fisheries.

In the most recent round of inspection,

evidence of oil adulteration was found

in lobster samples taken from the closed

Federal waters. Therefore, the closure to

fishing for and possessing lobsters in a

small area east and north of Block Island

is extended by 90 days or until the

testing protocol is satisfied.

The New England Fishery

Management Council (Council) has

concurred in the extension of this

emergency closure, so long as the

extension complements the State’s

regulations and is implemented at the

State’s request.

Classification

Extension of the emergency interim

rule is intended to prevent oiladulterated lobsters from reaching

consumers. Also, the extension does not

change existing regulations. On these

grounds, NMFS finds good cause to

extend the emergency interim rule in

accordance with section 305(c)(3)(B) of

the Magnuson Fishery Conservation and

Management Act (Magnuson Act). It

would be contrary to public interest to

provide notice and opportunity for

comment or to delay for 30 days the

effective date of this action under

authority at 5 U.S.C. 553(b)(B) and

(d)(3).

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this rule is necessary to respond to

an emergency situation and is consistent

with the Magnuson Act and other

applicable law.

This emergency rule extension has

been determined to be not significant for

the purposes of E.O. 12866.

This emergency rule extension is

exempt from the procedures of the

Regulatory Flexibility Act because this

rule is not required to be issued with

prior notice and opportunity for public

comment.

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

Dated: April 30, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 96–11163 Filed 5–1–96; 10:02 am]

BILLING CODE 3510–22–F

50 CFR Part 661

[Docket No. 960429120–6120–01; I.D.

042496C]

RIN 0648–AI35

Ocean Salmon Fisheries Off the

Coasts of Washington, Oregon, and

California; 1996 Management

Measures and Technical Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Annual management measures

for the ocean salmon fishery and

technical amendment; request for

comments.

SUMMARY: NMFS establishes fishery

management measures for the ocean

salmon fisheries off Washington,

Oregon, and California for 1996 and for

those salmon seasons opening earlier

than May 1, 1997. Specific fishery

management measures vary by fishery

and area. The measures establish fishing

areas, seasons, quotas, legal gear,

recreational fishing days and catch

limits, possession and landing

restrictions, and minimum lengths for

salmon taken in the exclusive economic
20176 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

zone (3–200 nautical miles) off

Washington, Oregon, and California.

These management measures are

intended to prevent overfishing and to

apportion the ocean harvest equitably

among treaty Indian and non-treaty

commercial and recreational fisheries.

The measures are intended to allow a

portion of the salmon runs to escape the

ocean fisheries to provide for spawning

escapement and inside fisheries. This

action also announces a technical

amendment to modify the spawning

escapement goal for Klamath River fall

chinook salmon.

DATES: Effective from 0001 hours Pacific

Daylight Time (P.d.t.), May 1, 1996,

until the effective date of the 1997

management measures, as published in

the Federal Register, except the

amendment to the appendix to part 661

remains in effect indefinitely.

Comments must be received by June 5,

1996.

ADDRESSES: Comments on the

management measures may be sent to

William Stelle, Jr., Director, Northwest

Region, National Marine Fisheries

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

C15700, Seattle, WA 98115–0070; or

Hilda Diaz-Soltero, Director, Southwest

Region, National Marine Fisheries

Service, 501 West Ocean Boulevard,

Suite 4200, Long Beach, CA 90802–

4213. Documents cited in this document

are available on request.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140,

or Rodney R. McInnis at 310–980–4030.

SUPPLEMENTARY INFORMATION:

Background

The ocean salmon fisheries off

Washington, Oregon, and California are

managed under a ‘‘framework’’ fishery

management plan (FMP). The

framework FMP was approved in 1984

and has been amended five times (52 FR

4146, February 10, 1987; 53 FR 30285,

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

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

23013, May 4, 1994). Regulations at 50

CFR part 661 provide the mechanism for

making preseason and inseason

adjustments to the management

measures, within limits set by the FMP,

by notification in the Federal Register.

These management measures for the

1996 and pre-May 1997 ocean salmon

fisheries were recommended by the

Pacific Fishery Management Council

(Council) at its April 9–12, 1996

meeting.

Schedule Used to Establish 1996

Management Measures

In accordance with the FMP, the

Council’s Salmon Technical Team (STT)

and staff economist prepared several

reports for the Council, its advisors, and

the public. The first report, ‘‘Review of

1995 Ocean Salmon Fisheries,’’

summarizes the 1995 ocean salmon

fisheries and assesses how well the

Council’s management objectives were

met in 1995. The second report,

‘‘Preseason Report I Stock Abundance

Analysis for 1996 Ocean Salmon

Fisheries,’’ provides the 1996 salmon

stock abundance projections and

analyzes the impacts on the stocks and

Council management goals if the 1995

regulations or regulatory procedures

were applied to the 1996 stock

abundances.

The Council met on March 12–15,

1996, in Portland, OR, to develop

proposed management options for 1996.

Four commercial and four recreational

fishery management options were

proposed for analysis and public

comment. These options presented

various combinations of management

measures designed to protect numerous

weak stocks of coho and chinook

salmon and provide for ocean harvests

of more abundant stocks. All options

provided for no directed harvest of

chinook salmon in non-treaty fisheries

north of Cape Falcon, OR, and no

directed harvest of coho salmon south of

Cape Falcon. After the March Council

meeting, the STT and staff economist

prepared a third report, ‘‘Preseason

Report II Analysis of Proposed

Regulatory Options for 1996 Ocean

Salmon Fisheries,’’ which analyzes the

effects of the proposed 1996

management options. This report also

was made available to the Council, its

advisors, and the public.

Public hearings on the proposed

options were held April 1–2, 1996, in

Westport, WA; Astoria and North Bend,

OR; and Eureka, CA.

The Council met on April 9–12, 1996,

in South San Francisco, CA, to adopt its

final 1996 recommendations. Following

the April Council meeting, the STT and

staff economist prepared a fourth report,

‘‘Preseason Report III Analysis of

Council-Adopted Management

Measures for 1996 Ocean Salmon

Fisheries,’’ which analyzes the

environmental and socio-economic

effects of the Council’s final

recommendations. This report also was

made available to the Council, its

advisors, and the public.

Resource Status

Some salmon runs returning to

Washington, Oregon, and California

streams in 1996 are expected to be larger

than in 1995. Abundance of Klamath

River fall chinook is estimated to be

significantly higher than was projected

in recent years, but lower than the

actual abundance in 1995.

Aside from salmon species listed and

proposed for listing under the

Endangered Species Act (ESA)

discussed below, the primary resource

concerns are for lower Columbia River

fall chinook stocks; Oregon Production

Index area coho stocks destined for the

Columbia River and the California and

Oregon coasts, particularly Oregon

coastal natural coho; and Washington

coastal and Puget Sound natural coho.

(The Oregon Production Index (OPI) is

an annual index of coho abundance

from Leadbetter Point, WA, south

through California.) Management of all

of these stocks is affected by

interjurisdictional agreements among

tribal, state, Federal, and/or Canadian

managers.

Chinook Salmon Stocks

California Central Valley stocks are

relatively abundant compared to other

chinook stocks of the Pacific coast. The

Central Valley Index of abundance of

combined Central Valley chinook stocks

is estimated to be 533,000 fish for 1996,

58 percent below the postseason

estimate of the index for 1995 and 27

percent below the average of the index

from 1986–1995. The spawning

escapement of Sacramento River adult

fall chinook was 267,800 adults in 1995,

nearly twice the 1994 escapement and

well above the spawning escapement

goal range of 122,000 to 180,000 adult

spawners.

Winter chinook from the Sacramento

River are listed under the ESA as an

endangered species (59 FR 440, January

4, 1994). The 1995 spawning run size

was estimated to be approximately

1,300 adults. Neither preseason nor

postseason estimates of ocean

abundance are available for winter

chinook, but the run is expected to

remain extremely depressed in 1996

with a return comparable to the primary

parent year of 1993 of about 300 adults.

Klamath River fall chinook ocean

abundance is projected to be 454,700

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

the fishing season. Although the

abundance forecast is 25 percent below

the 1995 postseason abundance

estimate, it is 52 percent above the

average postseason estimates for 1985–

95. The spawning escapement goal for

the stock is 33–34 percent of the

potential natural adults but no fewer

than 35,000 natural spawners (fish that

spawn outside of hatcheries). The

natural spawning escapement in 1995

was 150,600 adults, well above the 1994

escapement of 32,300 and the highest on

record since 1978 when basinwide

escapement estimates began.
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20177

Oregon coastal chinook stocks include

south-migrating and localized stocks

primarily from southern Oregon

streams, and north-migrating chinook

stocks which generally originate in

central and northern Oregon streams.

Abundance of south-migrating and

localized stocks is expected to be low

and similar to the levels observed in

1995. These stocks are important

contributors to ocean fisheries off

Oregon and northern California. The

generalized expectation for northmigrating stocks is for a continuation of

average to above-average abundance as

observed in recent years. These stocks

contribute primarily to ocean fisheries

off British Columbia and Alaska. It is

expected that the aggregate Oregon

coastal chinook spawning escapement

goal of 150,000 to 200,000 naturally

spawning adults will be met in 1996.

Estimates of Columbia River chinook

abundance vary by stock as follows.

1. Upper Columbia River spring and

summer chinook. Numbers of upriver

spring chinook predicted to return to

the river in 1996 are 37,200 fish, 265

percent above the 1995 record low

return of 10,200 adult fish, and 34

percent below the 1979–84 average of

56,600 fish. The 1996 stock status

indicates some improvement from

returns in 1994 and 1995 but suggests

continuation of the depressed status of

this stock. Recent improvements in

1985–90 and 1992–93 from the poor

returns in the early 1980s are primarily

the result of increases of hatchery

stocks. The natural stock component

remains severely depressed. Ocean

escapement is expected to be

significantly below the goal of 115,000

adults counted at Bonneville Dam.

Upriver spring chinook are affected only

slightly by ocean harvests in Council

area fisheries, with the contribution of

these stocks being generally 1 percent or

less of the total chinook catch north of

Cape Falcon, OR. Expected ocean

escapement of adult upriver summer

chinook is 16,800 fish, the third lowest

on record. The 1996 stock status

remains extremely depressed, with

ocean escapement being only 21 percent

of the lower end of the spawning

escapement goal range of 80,000 to

90,000 adults counted at Bonneville

Dam. Upriver summer chinook migrate

to the far north and are not a major

contributor to ocean fisheries off

Washington and Oregon. Snake River

spring and summer chinook are listed as

threatened under the ESA (57 FR 14653,

April 22, 1992).

2. Willamette River spring chinook.

Willamette River spring chinook returns

are projected to be 38,700 fish, 5 percent

below the observed 1995 run of 40,900

fish, and 40 percent below the 1980–84

average return of 65,000 fish. Lower

Columbia River spring chinook stocks

are important contributors to Council

area fishery catches north of Cape

Falcon; Willamette River spring chinook

stocks generally contribute to Canadian

and Alaskan ocean fisheries.

3. Columbia River fall chinook.

Abundance estimates are made for five

distinct fall chinook stock units, as

follows.

a. Upriver bright fall chinook ocean

escapement is expected to be 88,900

adults, 21 percent below the 1995 actual

return of 112,600 adults. The

escapement goal for upriver bright fall

chinook is 40,000 adults above McNary

Dam, although in recent years the

management goal has been set higher.

This stock has a northern ocean

migratory pattern and constitutes less

than 10 percent of Council area fisheries

north of Cape Falcon.

b. Lower river natural fall chinook

ocean escapement is forecast at 8,800

adults, 44 percent below the 1995 run

size of 15,800 adults.

c. Lower river hatchery fall chinook

ocean escapement is forecast at a new

record low of 37,700 adults, slightly

above the 1995 preseason estimate of

35,800 adults but 18 percent below the

1995 observed return of 46,100 adults.

This stock has declined sharply since

the record high return in 1987 to a

record low return in 1995. Lower

Columbia River fall chinook stocks

normally account for more than half the

total catch in Council area fisheries

north of Cape Falcon, with lower river

hatchery fall chinook being the single

largest contributing stock.

d. Spring Creek hatchery fall chinook

ocean escapement is projected to be

26,700 adults, 19 percent below the

1995 return of 33,000 adults; the 1986–

90 average ocean escapement was

16,700 adults. The Spring Creek

hatchery fall chinook stock has been

rebuilding slowly since the record low

return in 1987.

e. Mid-Columbia bright fall chinook

ocean escapement is projected to be

40,800 adults, 35 percent above the

1995 return of 30,300 adults. These fall

chinook are returns primarily from

hatchery releases of bright fall chinook

stock in the area below McNary Dam,

although some natural spawning in

tributaries between Bonneville and

McNary dams is also occurring.

4. Snake River wild fall chinook. Also

of concern are Snake River wild fall

chinook, which are listed as threatened

under the ESA (57 FR 14653, April 22,

1992). Information on the stock’s ocean

distribution and fishery impacts is not

available. Attempts to evaluate fishery

impacts on Snake River fall chinook

have used the Lyons Ferry Hatchery

stock to represent Snake River wild fall

chinook. The Lyons Ferry stock is

widely distributed and harvested by

ocean fisheries from southern California

to Alaska.

Washington coastal and Puget Sound

chinook generally migrate to the far

north and are affected insignificantly by

ocean harvests from Cape Falcon to the

U.S.-Canada border.

Coho Salmon Stocks

Coho populations in California have

not been monitored closely nor have

they been a controlling factor in

establishing ocean salmon management

measures in the past. Although no

forecasts of the ocean abundance of

coho originating from California are

available, these runs have been

generally at low abundance levels for

several years. California and Oregon

coastal coho are proposed for listing as

threatened under the ESA (60 FR 38011,

July 25, 1995).

Oregon coastal and Columbia River

coho stocks are the primary components

of the OPI. Beginning in 1988, the

Council adopted revised estimation

procedures which were expected to

more accurately predict abundance of

the following individual OPI area stock

components: Public hatchery, private

hatchery, Oregon coastal natural (OCN)

for rivers and lakes, and Salmon Trout

Enhancement Program. Prediction

methodologies are described in the

Council’s ‘‘Preseason Report I Stock

Abundance Analysis for 1988 Ocean

Salmon Fisheries.’’ In response to the

extremely low abundances in 1994,

some changes to the abundance

predictors were implemented as

described in the Council’s ‘‘Preseason

Report I Stock Abundance Analysis for

1994 Ocean Salmon Fisheries.’’ The

1996 OPI is forecast to be 372,800 coho,

nearly the same as the 1995 preseason

forecast of 369,800 coho, and 76 percent

above the 1995 observed level of

212,300 coho. The 1996 estimate for

OCN is 63,200 coho, 5 percent above the

1995 preseason forecast of 60,000 coho,

and 4 percent below the 1995 observed

level of 65,800 coho. The 1995

spawning escapement of the OCN stock

was 131,300 fish.

Most Washington coastal natural coho

stocks and Puget Sound combined

natural coho stocks are expected to be

less abundant in 1996 than forecast in

1995. Abundances for Washington

coastal stocks of Hoh, Queets, and Grays

Harbor natural coho are projected to be

38 percent below, 31 percent below, and

17 percent above the 1995 preseason

predictions, respectively. Abundances
20178 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

for Puget Sound stocks of Skagit,

Stillaguamish, Hood Canal, and Strait of

Juan de Fuca natural coho are projected

to be below the 1995 preseason

predictions by 31 percent, 27 percent,

31 percent, and 6 percent, respectively.

Many natural coho run sizes are forecast

to be well below maximum sustainable

yield (MSY) spawning escapement

goals. Abundance forecasts for coho

hatchery production are well above

1995 expectations for most Washington

coastal stocks and 18 percent above the

1995 forecast for Puget Sound combined

stocks.

Pink Salmon Stocks

Major pink salmon runs return to the

Fraser River and Puget Sound only in

odd-numbered years. Consequently,

pink salmon runs are not of

management concern in 1996.

Management Measures for 1996

The Council adopted allowable ocean

harvest levels and management

measures for 1996 that are designed to

apportion the burden of protecting the

weak stocks discussed above equitably

among ocean fisheries and to allow

maximum harvest of natural and

hatchery runs surplus to inside fishery

and spawning needs. The management

measures below reflect the Council’s

recommendations. NMFS concurs with

these recommendations and finds them

responsive to the goals of the FMP, the

requirements of the resource, and the

socio-economic factors affecting

resource users. The management

measures are consistent with

requirements of the Magnuson Fishery

Conservation and Management Act

(Magnuson Act) and other applicable

law, including U.S. obligations to Indian

tribes with Federally recognized fishing

rights and the ESA.

A. South of Cape Falcon

In the area south of Cape Falcon, the

management measures in this rule are

based primarily on concerns for

Sacramento River winter chinook, and

California and OCN coho stocks.

In a March 8, 1996, biological

opinion, NMFS evaluated the potential

effects of the FMP on all salmonids that

are listed under the ESA and that occur

within the management area of the FMP.

NMFS determined that the fisheries

conducted under the FMP are likely to

jeopardize the continued existence of

listed salmon, particularly Sacramento

River winter chinook (discussed in this

section) and Snake River fall chinook

(discussed in section B, North of Cape

Falcon). The conclusion of jeopardy

resulted, in part, because the FMP does

not contain specific management

objectives designed to protect and

recover listed stocks.

The biological opinion identified a

Reasonable and Prudent Alternative

(RPA) to the proposed action to avoid

jeopardy to the stocks. The RPA has

three parts. First, the Council must

adopt an amendment to the FMP by

October of 1996, and NMFS must

implement the amendment by May of

1997, to include management objectives

for species that are currently listed

under the ESA, consistent with

immediate conservation needs and the

long-term recovery of listed species.

Second, pending completion of the FMP

amendment, NMFS must reduce all

harvest-related impacts to the

Sacramento River winter chinook

salmon population by a level that would

achieve a 35 percent increase in

spawner escapement from current

levels. A reduction in incidental harvest

impacts of approximately 50 percent is

estimated to be necessary to achieve the

needed increase in escapement. The

third action pertains to Snake River fall

chinook, which is discussed in section

B, North of Cape Falcon.

In considering how best to reduce the

ocean harvest of winter chinook, the

STT recommended the use of increased

minimum size limits in conjunction

with restricted seasons. Because winter

chinook are significantly smaller than

Central Valley fall chinook, an increase

in the minimum size is expected to

result in relatively larger reductions in

harvest impacts on winter chinook

compared to fall chinook. The increases

in minimum size limits (total length) off

California range from 4 to 6 inches

(10.2–15.2 cm) in the recreational

fishery and 1 inch (2.5 cm) in the

commercial fishery.

In addition to increased minimum

size limits, new gear restrictions for

recreational fisheries off California are

being implemented that are intended to

reduce hook-and-release mortality for

fish less than the minimum size limit.

Recreational anglers may use no more

than one rod while fishing north of

Point Conception, which is the same as

the regulations off Oregon and

Washington. Between Horse Mountain

and Point Conception, special

restrictions on the size, number, and

placement of hooks are imposed when

anglers are using the mooching instead

of the trolling technique.

The reductions in fishery impacts to

Sacramento River winter chinook,

including non-landed mortality,

necessary to achieve the 35 percent

increase in spawning escapement

required by the biological opinion are

estimated using a Winter Chinook

Ocean Harvest Model. The model was

developed by the California Department

of Fish and Game in consultation with

NMFS and the U.S. Fish and Wildlife

Service.

The 1996 preseason abundance

estimate for OCN coho is 63,200 fish, a

level that allows up to a 20 percent

incidental exploitation rate under the

FMP for combined ocean and inside

fisheries. A 20 percent exploitation rate

would be expected to result in a

spawner escapement of 29 adults per

mile on standard index surveys. The

1996 management measures result in a

total OCN coho exploitation rate of 11–

13 percent. The projected spawner

escapement for 1996 is 32 adults per

mile on standard index surveys. The

Council’s recommendations include

time and area closures, and gear

restrictions intended to minimize

incidental fishing contact with OCN

coho and subsequent hook-and-release

mortality while allowing access to

harvestable stocks of chinook salmon.

Klamath River fall chinook are

significantly more abundant, allowing

for more liberal seasons in the area

between Humbug Mountain, OR, and

Horse Mountain, CA, termed the

Klamath management zone (KMZ), than

in recent years. The Council’s

recommended measures provide for

equal sharing of the harvest of Klamath

River fall chinook between the Klamath

River Indian Tribes and non-Indian

fishermen.

The California Fish and Game

Commission (Commission) regulates

sport fishing in California waters. In a

March 11, 1996 letter, the Commission

notified the Council that it is

considering a higher catch level for the

1996 in-river sport fishery than has

existed in recent years and requested

the Council consider an increase in the

allocation for the in-river sport fishery

from the current 12 percent to 18

percent of the non-tribal allocation. The

Commission will set harvest levels for

in-river sport fisheries at its June 1996

meeting. The Klamath River Fishery

Management Council considered inriver sport allocations of 12, 15, and 18

percent and recommended to the

Council and the Commission an in-river

sport allocation of 15 percent. When the

Council adopted management measures,

it was not clear whether in-river sport

fishery impacts were being modeled at

15 or 18 percent of the non-tribal

allocation. Modeling by the STT

subsequent to the issuance of the

Council’s recommendations indicates

that the Council’s recommended ocean

seasons, in conjunction with an in-river

sport harvest share of 18 percent and

equal sharing between tribal and nontribal fisheries, would not achieve the
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20179

spawning escapement goal for Klamath

River fall chinook. An in-river sport

harvest allocation of 15 percent is

predicted to achieve the spawning

escapement goal and provide equal

sharing of the harvest between tribal

and non-tribal fisheries. NMFS approval

of the Council’s recommendations is

based on the assumption that the

Commission will set an in-river sport

harvest at 15 percent of the non-tribal

allocation. Should the Commission

approve an allocation higher than 15

percent, NMFS will implement

adjustments to ocean fisheries designed

to achieve the Klamath River fall

chinook spawning escapement goal and

provide for equal sharing between tribal

and non-tribal fisheries.

Depending on the management

structure for ocean salmon fisheries

north of Cape Falcon, the Council

recommended that inseason

adjustments be considered for fisheries

south of Cape Falcon consistent with

management intent for stocks of

concern.

Commercial Troll Fisheries

Retention of coho salmon is

prohibited in all areas south of Cape

Falcon. All seasons listed below are

restricted to all salmon species except

coho salmon. Minimum size limits (total

length) for chinook salmon are as

follows: Off Oregon, 26 inches (66.0

cm); and off California, 26 inches (66.0

cm) through June 30 and 27 inches (68.6

cm) thereafter.

From Point Reyes, CA, to the U.S.-

Mexican border, the commercial fishery

will open May 1 and continue through

June 30, then reopen July 3 and

continue through September 15. Gear is

restricted to no more than six lines per

vessel. From Bodega Head to Point San

Pedro, CA, the commercial fishery will

be open September 16 through

September 30. Gear is restricted to no

more than six lines per vessel.

From Point Arena to Point Reyes, CA,

the commercial fishery will open June 1

and continue through June 30, then

reopen August 1 and continue through

September 15. Gear is restricted to no

more than six lines per vessel.

From Horse Mountain to Point Arena,

CA, the commercial fishery will open

August 1 and continue through

September 30. Gear is restricted to no

more than six lines per vessel.

From the Oregon-California border to

Humboldt South Jetty, CA, the

commercial fishery will open August 15

and continue through the earlier of

August 31 or attainment of the 2,500

chinook quota, then reopen September 1

and continue through the earlier of

September 15 or attainment of the 6,000

chinook quota. Gear is restricted to no

more than six lines per vessel. Other

restrictions include a landing limit of 30

fish per day and closure of the Klamath

Control Zone.

From Cape Arago, OR, to the OregonCalifornia border, the commercial

fishery will open May 1 and continue

through the earlier of June 30 or

attainment of the 5,300 chinook quota.

The fishery will follow a cycle of 4 days

open and 3 days closed. The days open

may be adjusted and landing limits may

be instituted inseason if necessary to

manage the fishery. Gear is restricted to

no more than four spreads per line.

From Sisters Rocks to Mack Arch, OR,

the commercial fishery will open

August 3 and continue through the

earlier of August 31 or attainment of the

3,000 chinook quota. The fishery will

follow a cycle of 2 days open and 2 days

closed. The days open may be adjusted

and landing limits may be instituted

inseason if necessary to manage the

fishery. Gear is restricted to no more

than four spreads per line, with the

open area restricted to only 0–4 nautical

miles (7.4 km) of shore. Participants

must register by August 1 with the

Oregon Department of Fish and

Wildlife.

From Cape Arago to Humbug

Mountain, OR, the commercial fishery

will open August 7 and continue

through the earlier of August 31 or

attainment of the 8,800 chinook quota,

then reopen September 1 and continue

through the earlier of October 31 or

attainment of the 10,000 chinook quota.

Gear is restricted to no more than four

spreads per line.

From Cape Falcon to Cape Arago, OR,

the commercial fishery will open May 1

and continue through June 30, then

reopen August 7 and continue through

October 31. Gear is restricted to no more

than four spreads per line.

Recreational Fisheries

Retention of coho salmon is

prohibited in all areas south of Cape

Falcon. Minimum size limits (total

length) for chinook salmon are as

follows: Between Cape Falcon, OR, and

Horse Mountain, CA, 20 inches (50.8

cm); between Horse Mountain and Point

Arena, CA, 24 inches (61.0 cm); between

Point Arena and the U.S.-Mexican

border, 24 inches (61.0 cm) through July

1 and 26 inches (66.0 cm) thereafter. Off

California north of Point Conception,

persons fishing for salmon and persons

fishing from a boat with salmon on

board are restricted to no more than one

rod per angler. From Horse Mountain to

Point Conception, CA, beginning July 1

the following restrictions apply when

fishing with bait and any combination

of weights measuring 1 pound or less:

No more than 2 hooks may be used;

when using 2 hooks, the terminal

(lower) hook must be no less than 5/0

and the upper hook no less than 4/0, the

distance between the 2 hooks must not

exceed 5 inches (12.7 cm) and both

hooks must be permanently tied in

place (hard tied); if using a single hook,

the hook size cannot be less than 5/0.

Hook size restrictions do not apply

when artificial lures are used or when

bait is attached to an artificial lure. (An

artificial lure is a man-made lure

designed to attract fish, not including

scented or flavored artificial baits.)

From Point Arena, CA, to the U.S.-

Mexican border, the recreational fishery

opened on March 2 (the nearest

Saturday to March 1) for all salmon

except coho (61 FR 8497, March 5,

1996). Continuation of this fishery is

provided as follows: From Point San

Pedro, CA, to the U.S.-Mexican border,

the recreational fishery will continue

through August 25 with a two-fish daily

bag limit. From Point Arena to Point

San Pedro, CA, the recreational fishery

will continue through October 14 with

a two-fish daily bag limit.

From Horse Mountain to Point Arena,

CA, the recreational fishery for all

salmon except coho which opened on

February 17 (the nearest Saturday to

February 15) will continue through July

7 then reopen August 1 and continue

through November 17 (the nearest

Sunday to November 15) with a two-fish

daily bag limit for both seasons.

From Humbug Mountain, OR, to

Horse Mountain, CA, the recreational

fishery will open May 12 and continue

through July 7, then reopen August 18

and continue through September 21.

Both seasons include a one-fish daily

bag limit, but no more than four fish in

7 consecutive days, and closure of the

Klamath Control Zone.

From Cape Falcon to Humbug

Mountain, OR, the recreational fishery

will open May 1 through July 7, then

reopen August 16 through September

30. Both seasons include a two-fish

daily bag limit, but no more than six

fish in 7 consecutive days. Legal gear is

limited to artificial lures, plugs, or bait

no less than 6 inches (15.2 cm) long

(excluding hooks and swivels) with no

more than two single point, single shank

barbless hooks; flashers and divers are

prohibited.

B. North of Cape Falcon

From the U.S.-Canadian border to

Cape Falcon, ocean fisheries are

managed to protect depressed lower

Columbia River fall chinook salmon,

Snake River fall chinook salmon, and

Washington coastal and Puget Sound
20180 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

natural coho salmon stocks. Ocean

treaty and non-treaty harvests and

management measures were based in

part on negotiations between

Washington State fishery managers,

commercial and recreational fishing

groups, and the Washington coastal,

Puget Sound, and Columbia River treaty

Indian tribes as authorized by the U.S.

District Court in U.S. v. Washington,

U.S. v. Oregon, and Hoh Indian Tribe v.

Baldrige.

The Council recommended that all

non-treaty commercial and recreational

fisheries be closed north of Cape Falcon,

absent an agreement between the United

States and Canada on coho salmon

harvest levels. For the purposes of

modeling impacts and escapements for

this regime, the west coast of Vancouver

Island (WCVI) coho harvest was

assumed to be 1.46 million coho, a

harvest level which represents recent

year average harvest rates with this

year’s abundance estimates. Total

allowable harvest levels for treaty

Indian troll fisheries would be 11,000

chinook and 12,500 coho. The treaty

Indian coho quota could be modified

under inseason management provisions,

not to exceed 20,000 coho, upon

agreement of relevant state and tribal

fishery managers. Because there

currently is no assurance that the WCVI

harvest will be below 1.46 million coho,

this regime is the one implemented in

these annual management measures.

The Council also recommended two

alternate management regimes for nontreaty and treaty Indian fisheries north

of Cape Falcon based on lower catch

expectations in the Canadian troll

fishery off the WCVI. If either of these

regimes is to be implemented inseason,

NMFS will follow the inseason notice

procedures described below. Due to low

abundance of lower Columbia River fall

chinook stocks, all three regimes

prohibit the retention of chinook in nontreaty commercial and recreational

fisheries.

1. The first contingency regime is if

the Canadian harvest is anticipated to be

in the range of 1.1 million to 1.3 million

coho off WCVI, the total allowable

harvest for non-treaty fisheries would be

zero chinook and 75,000 coho (18,800

coho to the commercial fishery and

56,200 coho to the recreational fishery).

For the purposes of modeling impacts

and escapements for this contingency,

the WCVI coho harvest was assumed to

be 1.2 million coho, the midpoint of the

range. The Regional Director would use

the inseason management authority and

process to implement the season

structure recommended by the Council.

Total allowable harvest levels for treaty

Indian troll fisheries would be 11,000

chinook and 25,000 coho.

2. The second contingency regime is

if the Canadian harvest is anticipated to

be less than 1.1 million coho off WCVI,

the Director, Northwest Region, NMFS

is authorized to make inseason

adjustments to modify the ocean quotas

in the first contingency upon the

recommendation of the States of

Washington and Oregon and the treaty

Indian tribes.

The Council recommended additional

provisions to protect stocks of

management concern should the second

contingency regime cause coho quotas

to be increased above the levels in the

first contingency regime. Estimated

impacts on OCN coho cannot be higher

than those modeled for the season

structure to be implemented for the first

contingency, and at least 50 percent of

any savings from reductions in harvest

below 1.2 million coho are to be

allocated to spawning escapement of

critical coho stocks.

Since it is not known when

understandings with Canada will be

reached on the level of Canadian

harvest, it is possible that little time

could be available to implement either

contingency. Therefore, these two

contingencies are included in this

action in order to simplify the

implementation process for any

inseason action and inform the public of

the range of possible seasons.

The Council analyzed the impacts of

the proposed seasons and contingencies

on Snake River spring/summer and fall

chinook stocks, which are listed as

threatened species under ESA. For

Snake River wild spring and summer

chinook, the available information

indicates that it is highly unlikely these

fish are impacted by Council area

fisheries. Pending implementation of an

amendment to the FMP, NMFS and the

Council must manage the ocean salmon

fisheries within the Council’s

jurisdiction to ensure the impacts of the

annual management measures on Snake

River fall chinook meet the

requirements of the March 8, 1996

biological opinion and RPA. Impacts of

Council area fisheries are limited to no

more than 50 percent of the 1988–93

average exploitation rate, or 70 percent

for all United States and Canadian

ocean fisheries combined. The STT

estimated that under the Council’s

recommended management measures,

impacts on Snake River fall chinook

would be 63 percent of the base period

average for all ocean fisheries, thus

meeting the standard of no more than 70

percent.

Commercial Troll Fisheries

Non-treaty commercial troll fisheries

north of Cape Falcon are closed in 1996.

Should a contingency management

regime be implemented inseason, the

commercial fishery for all salmon

except chinook between the U.S.-

Canadian border and Leadbetter Point,

WA, will open July 26 and continue

through the earlier of September 30 or

attainment of the 18,800 coho quota.

The fishery will follow a cycle of 3 days

open and 4 days closed, with a

possession and landing limit of 75 coho

per opening. The days open and the

landing limit may be adjusted inseason

if necessary to manage the fishery. The

minimum size limit (total length) for

coho salmon is 16.0 inches (40.6 cm).

The commercial troll ocean quota for

coho may be adjusted by inseason

action if the Canadian harvest is

anticipated to be less than 1.1 million

coho off WCVI.

Recreational Fisheries

Recreational fisheries north of Cape

Falcon are closed in 1996. Should a

contingency management regime be

implemented inseason, the recreational

fisheries for all salmon except chinook

will be divided into four subareas.

Opening dates, subarea quotas, bag

limits, and area restrictions are

described below. The fisheries in all

subareas will close the earlier of

September 26 or on attainment of the

subarea coho salmon quota. The

minimum size limit (total length) for

coho salmon is 16.0 inches (40.6 cm).

The recreational ocean quotas (overall

and subarea) for coho may be adjusted

by inseason action if the Canadian

harvest is anticipated to be less than 1.1

million coho off WCVI.

From the Queets River to Leadbetter

Point, WA, and from Leadbetter Point,

WA, to Cape Falcon, OR, the fishery

will open July 22 with coho subarea

quotas of 20,800 and 28,100,

respectively. Both subareas will be open

Sunday through Thursday only, with a

two-fish daily bag limit, but no more

than four fish in 7 consecutive days, and

closed 0–3 miles (4.8 km) of shore north

of the Columbia Control Zone and in the

Columbia Control Zone.

From Cape Alava to the Queets River,

WA, the fishery will open August 5 with

a 1,500 coho subarea quota. The fishery

will be open 7 days per week with a

two-fish daily bag limit, and closed 0–

3 miles (4.8 km) of shore.

From the U.S.-Canadian border to

Cape Alava, WA, the fishery will open

August 5 with a 5,800 coho subarea

quota. The fishery will be open 7 days

per week with a two-fish daily bag limit,
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20181

and closed 0–3 miles (4.8 km) of shore

south of Skagway Rock.

Treaty Indian Fisheries

Ocean salmon management measures

proposed by the treaty Indian tribes are

part of a comprehensive package of

treaty Indian and non-treaty salmon

fisheries in the ocean and inside waters

that was agreed to by the various

parties. Treaty troll seasons, minimum

length restrictions, and gear restrictions

were developed by the tribes and agreed

to by the Council. Treaty Indian troll

fisheries north of Cape Falcon are

governed by a chinook quota of 11,000

fish and a coho quota which is

dependent on the level of Canadian

coho harvest off WCVI. If the Canadian

harvest is more than 1.3 million coho off

WCVI, then the coho quota is set at

12,500 fish; upon agreement of state and

tribal managers, the Regional Director

will implement an inseason adjustment

to the coho quota not to exceed 20,000

fish. At a Canadian harvest level

between 1.1 and 1.3 million coho off

WCVI, the Regional Director will adjust

the coho quota to 25,000. The allsalmon-except-coho seasons will open

May 1 and extend through June 30, if

the overall harvest guideline of 7,000

chinook is not reached. The all-salmon

seasons will open August 1 and extend

through the earliest of September 15 or

attainment of the chinook or coho

quotas. The minimum length

restrictions for all treaty ocean fisheries,

excluding ceremonial and subsistence

harvest, is 24 inches (61.0 cm) for

chinook and 16 inches (40.6 cm) for

coho.

The 1997 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, 1997 fishing

season openings earlier than May 1 also

are established in this notification. The

Council recommended, and NMFS

concurs, that the following seasons will

open off California in 1997. From Point

Lopez to Point Mugu, a commercial

fishery for all salmon except coho will

open April 15 and continue through the

earlier of April 28 or attainment of the

10,000 chinook quota. This fishery is

intended to evaluate the relative

contribution rates of Central Valley,

Klamath, and southern Oregon chinook

stocks to catches off southern California.

The following recreational seasons have

two-fish daily bag limits and a

minimum size limit of 24 inches (61.0

cm) for chinook salmon: From Pigeon

Point to the U.S.-Mexican border, a

recreational fishery for all salmon will

open on March 15. From Point Arena to

Pigeon Point, a recreational fishery for

all salmon will open on March 29. From

Horse Mountain to Point Arena, a

recreational fishery for all salmon

except coho will open on February 15

(the nearest Saturday to February 15). If

an evaluation indicates low coho

abundance is anticipated in 1997,

inseason action may be taken to prohibit

retention of coho in the recreational

fisheries south of Point Arena.

At its March 1997 meeting, the

Council will consider an inseason

recommendation to open commercial

and recreational seasons for all salmon

except coho on April 15, 1997, in areas

off Oregon.

The following tables and text are the

management measures recommended by

the Council for 1996 and, as specified,

for 1997.

Table 1. Commercial Management

Measures for 1996 Ocean Salmon

Fisheries

Note: This table contains important

restrictions in parts A, B, and C which must

be followed for lawful participation in the

fishery.

A. Season Descriptions

North of Cape Falcon

Attention: All non-treaty troll and

recreational ocean fisheries north of

Cape Falcon are closed in 1996, and will

remain closed all season unless the

conditions allowing the contingency

season to be implemented are met. If

Canadian harvest of coho off the west

coast of Vancouver Island (WCVI) is

determined to be at 1.3 million coho or

less, a contingency season described

below will be implemented through an

inseason adjustment to the regulations.

At a harvest level of 1.1 million to 1.3

million coho off the WCVI, the nontreaty ocean total allowable catch (TAC)

will be set at 75,000 coho; the troll

fishery will be limited by overall catch

quotas of zero chinook and 18,800 coho.

At a harvest level of less than 1.1

million coho off the WCVI, the nontreaty coho TAC may be increased

contingent on: Allocating at least 50

percent of the savings from harvest

reductions below 1.2 million coho to

spawner escapement of the critical coho

stocks; no increase in estimated Oregon

coastal natural coho impacts above

those modeled under the assumptions of

the season structure presented in the

contingency season for an assumed

WCVI harvest of 1.2 million coho; and

agreement among all relevant state and

tribal fishery managers. The

contingency season, if it is

implemented, and any adjustments to

the non-treaty coho TAC will be

implemented by inseason management.

Season Effective May 1, 1996

U.S.-Canadian Border to Cape Falcon

Closed.

Contingency Season

U.S.-Canadian Border to Leadbetter

Point

July 26 through earlier of September

30 or 18,800 coho quota. All salmon

except chinook. Season to follow a cycle

of 3 days open/4 days closed. The open/

closure cycle may be modified inseason

as necessary to manage the fishery. Each

vessel may possess, land and deliver no

more than 75 coho per open period. The

landing limit may be modified inseason

as necessary to utilize the available

quota. Following any closure, vessels

must land and deliver fish in the area

or adjacent closed area within 24 hours.

South of Cape Falcon

Cape Falcon to Cape Arago

May 1 through June 30, and August 7

through October 31. All salmon except

coho. No more than 4 spreads per line.

Cape Arago to Oregon-California Border

May 1 through earlier of June 30 or

5,300 chinook quota. All salmon except

coho. Season to follow a cycle of 4 days

open/3 days closed. The open/closure

cycle may be modified inseason as

necessary to manage the fishery. No

more than 4 spreads per line. Landing

limits may be instituted inseason as

necessary to keep the fishery within the

quota.

Cape Arago to Humbug Mountain

August 7 through earlier of August 31

or 8,800 chinook quota, and September

1 through earlier of October 31 or 10,000

chinook quota. All salmon except coho.

No more than 4 spreads per line.

Sisters Rocks to Mack Arch

August 3 through earlier of August 31

or 3,000 chinook quota. All salmon

except coho. Season to follow a cycle of

2 days open/2 days closed. The open/

closure cycle may be modified inseason

as necessary to manage the fishery. No

more than 4 spreads per line. Open only

0 to 4 nautical miles (7.4 km) of shore.

All salmon caught in the area must be

landed and delivered in Port Orford,

Gold Beach, or Brookings within 24

hours of each closure. Landings limits

may be instituted inseason as necessary

to keep the fishery within the quota.

Vessel registration with the Oregon

Department of Fish and Wildlife is

required by the State prior to August 1

for participants in this fishery in order
20182 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

to accurately sample the catch to

determine the river of origin of salmon

landed in this fishery.

Oregon-California Border to Humboldt

South Jetty

August 15 thru earlier of August 31 or

2,500 chinook quota, and September 1

thru earlier of September 15 or 6,000

chinook quota. All salmon except coho.

Landing limit of 30 fish per day.

Chinook minimum size limit (total

length) of 27 inches. Klamath Control

Zone closed (see C.7.). See line

restriction (C.3.).

Horse Mountain to Point Arena

August 1 through September 30. All

salmon except coho. Chinook minimum

size limit (total length) of 27 inches. See

line restriction (C.3.).

Point Arena to Point Reyes

June 1 through June 30, and August 1

through September 15. All salmon

except coho. Chinook minimum size

limits (total length) of 26 inches through

June 30 and 27 inches thereafter. See

line restriction (C.3.).

Bodega Head to Point San Pedro

September 16 through September 30.

All salmon except coho. Chinook

minimum size limit (total length) of 27

inches. See line restriction (C.3.).

Point Reyes to U.S.-Mexican Border

May 1 through June 30, and July 3

through September 15. All salmon

except coho. Chinook minimum size

limit (total length) of 26 inches through

June 30 and 27 inches thereafter. See

line restriction (C.3.).

Point Lopez to Point Mugu in 1997

April 15 through earlier of April 28 or

10,000 chinook quota. All salmon

except coho. Chinook minimum size

limit (total length) of 26 inches. All fish

must be landed within the area. See line

restriction (C.3.).

B. MINIMUM SIZE LIMITS

[Inches*]

Area (when open)

Chinook Coho

Pink

Total length Head-off Total length Head-off

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

Cape Falcon to Oregon-California Border .................................................... 26.0 19.5 .................... .................... None.

South of Oregon-California Border (see part A for applicable chinook size

limit).

26.0

or 27.0

19.5

20.25

.................... .................... None.

* Metric equivalents for chinook: 27.0 inches=68.6 cm, 26.0 inches=66.0 cm, 20.25 inches=51.4 cm, 19.5 inches=49.5 cm.

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

C. Special Requirements, Restrictions,

and Exceptions

C.1. Hooks—Single point, single

shank barbless hooks are required.

C.2. Spread—A single leader

connected to an individual lure or bait.

C.3. Line Restriction—No more than 6

lines per vessel off California.

C.4. Compliance with Minimum Size

or Other Special Restrictions—All

salmon on board a vessel must meet the

minimum size or other special

requirements for the area being fished

and the area in which they are landed

if that area is open. Salmon may be

landed in an area that is closed only if

they meet the minimum size or other

special requirements for the area in

which they were caught.

C.5. Transit Through Closed Areas

with Salmon on Board—It is unlawful

for a vessel to have troll gear in the

water while transiting any area closed to

salmon fishing while possessing

salmon.

C.6. Notification When Unsafe

Conditions Prevent Compliance with

Regulations—A vessel is exempt from

meeting the landing requirements for

the contingency season north of

Leadbetter Point if it is prevented by

unsafe weather conditions or

mechanical problems from meeting

landing restrictions, and it complies

with the State of Washington

requirement to notify the U.S. Coast

Guard and receives acknowledgement of

such notification prior to leaving the

area where landing is required. This

notification shall include the name of

the vessel, port where delivery will be

made, approximate amount of salmon

(by species) on board and the estimated

time of arrival.

C.7. Klamath Control Zone—The

ocean area at the Klamath River mouth

bounded on the north by 41°38′48′′ N.

lat. (approximately 6 nautical miles

north of the Klamath River mouth), on

the west by 124°23′00′′ W. long.

(approximately 12 nautical miles of

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

lat. (approximately 6 nautical miles

south of the Klamath River mouth).

C.8. Inseason Management—In

addition to standard inseason actions or

inseason modifications already noted

under the season description, the

following inseason guidance is provided

to NMFS:

Transfers of 5,000 fish or less between

subarea quotas north of Cape Falcon

shall be done on a fish-for-fish basis;

NMFS may make inseason

adjustments to fisheries north and south

of Cape Falcon, consistent with and

complementary to Council spawner

escapement objectives, if management

agreements or understandings with

Canada warrant such action;

At the March 1997 meeting, the

Council will consider an inseason

recommendation to open commercial

seasons for all salmon except coho on

April 15 in areas off Oregon.

C.9. Incidental Halibut Harvest—To

land Pacific halibut caught incidentally

in Area 2A (all waters off the States of

Washington, Oregon, and California)

while trolling for salmon during troll

seasons, a vessel must be issued an

incidental halibut harvest license by the

International Pacific Halibut

Commission (phone 206–634–1838).

License applications must be

postmarked no later than April 1, 1996.

A salmon troller may participate in this

fishery or in the directed commercial

fishery targeting halibut, but not in both.

In troll fisheries (except in July),

incidentally caught halibut may be

landed under the following restrictions:

No more than 1 halibut for each 15

chinook landed, except 1 halibut may be

landed without meeting the ratio

requirement, and no more than 20

halibut may be landed per trip. Halibut

retained must be in compliance with the

minimum size limit of 32 inches (81.3

cm). The Oregon Department of Fish

and Wildlife will monitor landings. If

landings are projected to exceed the

16,068-lb (7.3-mt) preseason allocation

or the entire Area 2A total allowable

catch of halibut, NMFS will take
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20183

inseason action to close the incidental

halibut fishery through a document

published in the Federal Register.

C.10. Consistent with Council

management objectives, the State of

Oregon may establish additional lateseason, all-salmon-except-coho fisheries

in state waters.

C.11. For the purposes of California

Department of Fish and Game Code,

section 8232.5, the definition of the

Klamath management zone for the ocean

salmon season shall be that area from

Humbug Mountain, OR, to Horse

Mountain, CA.

Table 2. Recreational Management

Measures for 1996 Ocean Salmon

Fisheries

Note: This table contains important

restrictions in parts A, B, and C which must

be followed for lawful participation in the

fishery.

A. Season Descriptions

North of Cape Falcon

Attention: All non-treaty troll and

recreational ocean fisheries north of

Cape Falcon are closed in 1996, and will

remain closed all season unless the

conditions allowing the contingency

season to be implemented are met. If

Canadian harvest of coho off the west

coast of Vancouver Island (WCVI) is

determined to be at 1.3 million coho or

less, a contingency season described

below will be implemented through an

inseason adjustment to the regulations.

At a harvest level of 1.1 million to 1.3

million coho off the WCVI, the nontreaty ocean total allowable catch (TAC)

will be set at 75,000 coho; the

recreational fishery will be limited by

overall catch quotas of zero chinook and

56,200 coho. At a harvest level of less

than 1.1 million coho off the WCVI, the

non-treaty coho TAC may be increased

contingent on: allocating at least 50

percent of the savings from harvest

reductions below 1.2 million coho to

spawner escapement of the critical coho

stocks; no increase in estimated Oregon

coastal natural coho impacts above

those modeled under the assumptions of

the season structure presented in the

contingency season for an assumed

WCVI harvest of 1.2 million coho; and

agreement among all relevant state and

tribal fishery managers. The

contingency season, if it is

implemented, and any adjustments to

the non-treaty coho TAC will be

implemented by inseason management.

Season Effective May 1, 1996

U.S.-Canadian Border to Cape Falcon

Closed.

Contingency Season

U.S.-Canadian Border to Cape Alava

August 5 through earlier of September

26 or 5,800 coho subarea quota. Open 7

days per week. All salmon except

chinook. Two fish per day. Closed 0 to

3 miles (4.8 km) of shore south of

Skagway Rock (48°21′58′′ N. lat.).

Inseason management may be used to

maintain season length.

Cape Alava to Queets River

August 5 through earlier of September

26 or 1,500 coho subarea quota. Open 7

days per week. All salmon except

chinook. Two fish per day. Closed 0 to

3 miles (4.8 km) of shore. Inseason

management may be used to maintain

season length.

Queets River to Leadbetter Point

July 22 through earlier of September

26 or 20,800 coho subarea quota. Open

Sunday through Thursday only. All

salmon except chinook. Two fish per

day. No more than 4 fish in 7

consecutive days. Closed 0 to 3 miles

(4.8 km) of shore. Inseason management

may be used to maintain season length.

Leadbetter Point to Cape Falcon

July 22 through earlier of September

26 or 28,100 coho subarea quota. Open

Sunday through Thursday only. All

salmon except chinook. Two fish per

day. No more than 4 fish in 7

consecutive days. Closed 0 to 3 miles

(4.8 km) of shore north of the Columbia

Control Zone and in the Columbia

Control Zone (see C.5. for revised

definition). Inseason management may

be used to maintain season length.

South of Cape Falcon

Cape Falcon to Humbug Mountain

May 1 through July 7, and August 16

through September 30. All salmon

except coho. Two fish per day. No more

than 6 fish in 7 consecutive days. Legal

gear limited to: Artificial lures, plugs or

bait no less than 6 inches (15.2 cm) long

(excluding hooks and swivels) with no

more than 2 single point, single shank

barbless hooks; flashers and divers

prohibited.

Humbug Mountain to Horse Mountain

May 12 through July 7, and August 18

through September 21. All salmon

except coho. 1 fish per day. No more

than 4 fish in 7 consecutive days.

Klamath Control Zone closed (see C.6.).

See rod restriction (C.2.).

Horse Mountain to Point Arena

February 17 (nearest Saturday to

February 15) through July 7, and August

1 through November 17 (nearest Sunday

to November 15). All salmon except

coho. Two fish per day. Chinook

minimum size limit of 24 inches. See

rod and gear restrictions (C.2. and C.3.).

In 1997, the season will open

February 15 (nearest Saturday to

February 15) through April 30 for all

salmon except coho; two fish per day;

chinook minimum size limit of 24

inches.

Point Arena to Point San Pedro

March 2 through October 14. All

salmon except coho. Two fish per day.

Chinook minimum size limit of 24

inches through July 1 and 26 inches

thereafter. See rod and gear restrictions

(C.2. and C.3.).

In 1997, the season will open March

29 through April 30 for all salmon; two

fish per day; chinook minimum size

limit of 24 inches. If evaluation

indicates low coho abundance in 1997,

inseason action may prohibit retention

of coho. At the April 1997 meeting, the

Council will consider measures for the

remainder of the season.

Point San Pedro to Pigeon Point

March 2 through August 25. All

salmon except coho. Two fish per day.

Chinook minimum size limit of 24

inches through July 1 and 26 inches

thereafter. See rod and gear restrictions

(C.2. and C.3.).

In 1997, the season will open March

29 through April 30 for all salmon; two

fish per day; chinook minimum size

limit of 24 inches. If evaluation

indicates low coho abundance in 1997,

inseason action may prohibit retention

of coho. At the April 1997 meeting, the

Council will consider measures for the

remainder of the season.

Pigeon Point to U.S.-Mexican Border

March 2 through August 25. All

salmon except coho. Two fish per day.

Chinook minimum size limit of 24

inches through July 1 and 26 inches

thereafter. See rod and gear restrictions

(C.2. and C.3.).

In 1997, the season will open March

15 through April 30 for all salmon; two

fish per day; chinook minimum size

limit of 24 inches. If evaluation

indicates low coho abundance in 1997,

inseason action may prohibit retention

of coho. At the April 1997 meeting, the

Council will consider measures for the

remainder of the season.
20184 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

B. MINIMUM SIZE LIMITS

[Total length in inches*]

Area (when open) Chinook Coho Pink

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

Cape Falcon to Horse Mountain .............................................................................. 20.0 .............. None, except 20.0 off California.

South of Horse Mountain (see part A for applicable chinook size limit) ................. 24.0 or 26.0 .............. 20.0.

*Metric equivalents for chinook: 26.0 inches=66.0 cm, 24.0 inches=61.0 cm, 20.0 inches=50.8 cm.

Metric equivalents for coho: 16.0 inches=40.6 cm.

Metric equivalents for pink: 20.0 inches=50.8 cm.

C. Special Requirements, Restrictions,

and Exceptions

C.1. Hooks—Single point, single

shank barbless hooks are required for all

fishing gear north of Point Conception,

CA (34°27′00′′ N. lat.).

C.2. Restriction on Number of Fishing

Rods 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.

C.3. Gear Restrictions Between Horse

Mountain and Point Conception,

California, Beginning July 1, 1996—

When fishing with bait and any

combination of weights measuring 1 lb

or less, the following restrictions apply:

no more than 2 hooks may be used;

when using 2 hooks, the terminal

(lower) hook must be no less than 5/0

and the upper hook no less than 4/0, the

distance between the 2 hooks must not

exceed 5 inches (12.7 cm) and both

hooks must be permanently tied in

place (hard tied); if using a single hook,

the hook size cannot be less than 5/0.

Hook size restrictions do not apply

when artificial lures are used or when

bait is attached to an artificial lure. (An

artificial lure is a man-made lure

designed to attract fish, not including

scented or flavored artificial baits.)

C.4. Compliance with Minimum Size

or Other Special Restrictions—All

salmon on board a vessel must meet the

minimum size or other special

requirements for the area being fished

and the area in which they are landed

if that area is open. Salmon may be

landed in an area that is closed only if

they meet the minimum size or other

special requirements for the area in

which they were caught.

C.5. Columbia Control Zone—The

ocean area at the Columbia River mouth

bounded by a line extending for 6

nautical miles (11.1 km) due west from

North Head along 46°18′00′′ N. lat. to

124°13′18′′ W. long., then southerly to

46°13′24′′ N. lat. and 124°11′00′′ W.

long. (green, Columbia River Entrance

Lighted Bell Buoy #1), then southerly to

46°11′06′′ N. lat. and 124°11′00′′ W.

long. (red, Columbia River Approach

Lighted Whistle Buoy), then northeast

along red buoy line to the tip of the

south jetty.

C.6. Klamath Control Zone—The

ocean area at the Klamath River mouth

bounded on the north by 41°38′48′′ N.

lat. (approximately 6 nautical miles

[11.1 km] north of the Klamath River

mouth), on the west by 124°23′00′′ W.

long. (approximately 12 nautical miles

[22.2 km] of shore), and on the south by

41°26′48′′ N. lat. (approximately 6

nautical miles [11.1 km] south of the

Klamath River mouth).

C.7. Inseason Management—To meet

preseason management objectives such

as quotas, harvest guidelines and season

duration, certain regulatory

modifications may become necessary

inseason. Actions could include

modifications to bag limits or days open

to fishing, and extensions or reductions

in areas open to fishing.

For 1996, the Council has requested

NMFS to make inseason adjustments to

fisheries north and south of Cape

Falcon, consistent with and

complementary to Council spawner

escapement objectives, in the event that

management agreements or

understandings with Canada warrant

such action.

The procedure for inseason transfer of

coho among recreational subareas north

of Cape Falcon will be as follows:

After conferring with representatives

of the affected ports and the Salmon

Advisory Subpanel recreational

representatives north of Cape Falcon,

NMFS may transfer coho inseason

among recreational subareas to help

meet the recreational season duration

objectives (for each subarea). Any

transfers between subarea quotas of

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

At the March 1997 meeting, the

Council will consider an inseason

recommendation to open seasons for all

salmon except coho on April 15 in areas

off Oregon.

C.8. Consistent with Council

management objectives, the States of

Washington and Oregon may establish

limited seasons in State waters; fisheries

in Oregon State waters are limited to all

salmon except coho.

Table 3. Treaty Indian Management Measures for 1996 Ocean Salmon Fisheries.

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

fishery.

A. SEASON DESCRIPTIONS

Tribe and area boundaries Open seasons Salmon species

Minimum size

limit (inches*) Special restrictions by area

Chinook Coho

Makah—That portion of the Fishery Management Area (FMA) north of 48°02′15′′

N. lat. (Norwegian Memorial) and east of

125°44′00′′ W. long.

May 1 through earlier of June 30

or overall 7,000 chinook guideline. No more than 3,500 chinook may be taken prior to

June 1.

All except

coho.

24 ........ Barbless hooks. No more

than 8 fixed lines per

boat or no more than 4

hand-held lines per person.
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20185

A. SEASON DESCRIPTIONS—Continued

Tribe and area boundaries Open seasons Salmon species

Minimum size

limit (inches*) Special restrictions by area

Chinook Coho

August 1 through earliest of September 15 or chinook or coho

quota.

All ................. 24 16

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

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

125°44′00′′ W. long.

May 1 through earlier of June 30

or overall 7,000 chinook guideline. No more than 3,500 chinook may be taken prior to

June 1.

All except

coho.

24 ........ Barbless hooks. No more

than 8 fixed lines per

boat.

August 1 through earliest of September 15 or chinook or coho

quota.

All ................. 24 16

Hoh—That portion of the FMA between

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

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

125°44′00′′ W. long.

May 1 through earlier of June 30

or overall 7,000 chinook guideline. No more than 3,500 chinook may be taken prior to

June 1.

All except

coho.

24 ........ Barbless hooks. No more

than 8 fixed lines per

boat.

August 1 through earliest of September 15 or chinook or coho

quota.

All ................. 24 16

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

or overall 7,000 chinook guideline. No more than 3,500 chinook may be taken prior to

June 1.

All except

coho.

24 ........ Barbless hooks. No more

than 8 fixed lines per

boat.

August 1 through earliest of September 15 or chinook or coho

quota.

All ................. 24 16

*Metric equivalents: 24 inches=61.0 cm, 16 inches=40.6 cm.

B. Special Requirements, Restrictions,

and Exceptions

B.1. All boundaries may be changed

to include such other areas as may

hereafter be authorized by a Federal

court for that tribe’s treaty fishery.

B.2. Applicable lengths, in inches, for

dressed, head-off salmon, are 18 inches

(45.7 cm) for chinook and 12 inches

(30.5 cm) for coho. Minimum size and

retention limits for ceremonial and

subsistence harvest are as follows:

Makah Tribe—None.

Quileute, Hoh, and Quinault tribes—

Not more than 2 chinook longer than 24

inches in total length may be retained

per day. Chinook less than 24 inches

total length may be retained.

B.3. The areas within a 6-mile (9.7-

km) radius of the mouths of the Queets

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

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

to commercial fishing. A closure within

2 miles (3.2 km) of the mouth of the

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

be enacted by the Quinault Nation and/

or the State of Washington and will not

adversely affect the Secretary of

Commerce’s management regime.

C. Quotas

C.1. The overall treaty troll ocean

quotas would be as follows under

assumed coho harvest levels in the

Canadian fishery off the west coast of

Vancouver Island (WCVI): At 1.46

million coho, 11,000 chinook and from

12,500 to 20,000 coho, depending on the

actual WCVI coho harvest target; and at

1.2 million coho, 11,000 chinook and

25,000 coho. These quotas include troll

catches by the Klallam and Makah tribes

in Washington State Statistical Area 4B

from May 1 through September 30. The

all-salmon-except-coho fishery will be

limited by an overall harvest guideline

of 7,000 chinook (3,500 chinook in May

and 3,500 chinook in June). The

remainder of the quota will be available

for the all-salmon fishery beginning in

August. The chinook guidelines for May

and June are based on a quota of 20,000

to 25,000 coho and may be modified if

the final coho quota is less than 20,000.

The coho quota is set in these

management measures at 12,500. Upon

agreement of state and tribal managers,

the Regional Director will implement an

inseason adjustment to the coho quota

not to exceed 20,000. At a Canadian

harvest level between 1.1 and 1.3

million, the Regional Director will

adjust the coho quota to 25,000.

Halibut Retention

In accordance with the Northern

Pacific Halibut Act, regulations

governing the Pacific halibut fishery

were published in the Federal Register

on March 20, 1996 (61 FR 11337). The

regulations, which appear under 50 CFR

part 301, state that operators of vessels

participating in the salmon troll fishery

in Area 2A (all waters off the States of

Washington, Oregon, and California),

who have obtained the appropriate

International Pacific Halibut

Commission (IPHC) license, may retain

halibut caught incidentally during

authorized periods, in conformance

with provisions announced with the

annual salmon management measures.

As provided by 50 CFR 301.7(c) and

301.24(e), the following measures have

been approved. The operator of a vessel

that has been issued an incidental

halibut harvest license by the IPHC

(trollers must have sent license

applications to IPHC postmarked no

later than April 1) may retain Pacific

halibut caught incidentally while

trolling for salmon during troll seasons,

except in July, in Area 2A. A salmon

troller may participate in this fishery or

in the directed commercial fishery

targeting halibut, but not both. In troll

fisheries, incidentally caught halibut

may be landed only under the following

restrictions: No more than 1 halibut for

each 15 chinook landed, except 1

halibut may be landed without meeting

the ratio requirement, and no more than
20186 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

20 halibut may be landed per trip. Any

halibut retained must be in compliance

with the minimum size limit of 32

inches (81.3 cm). The Oregon

Department of Fish and Wildlife will

monitor landings. If landings are

projected to exceed the 16,068-lb (7.3-

mt) preseason commercial troll fishery

allocation or the entire Area 2A total

allowable catch of halibut, NMFS will

take inseason action to close the

incidental halibut fishery through a

document published in the Federal

Register.

Gear Definitions and Restrictions

In addition to gear restrictions shown

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

the following gear definitions and

restrictions will be in effect:

Troll Fishing Gear

Troll fishing gear for the fishery

management area (FMA) is defined as

one or more lines that drag hooks

behind a moving fishing vessel.

In that portion of the FMA off Oregon

and Washington, the line or lines must

be affixed to the vessel and must not be

intentionally disengaged from the vessel

at any time during the fishing operation.

Recreational Fishing Gear

Recreational fishing gear for the FMA

is defined as angling tackle consisting of

a line with not more than one artificial

lure or natural bait attached.

In that portion of the FMA off Oregon

and Washington, the line must be

attached to a rod and reel held by hand

or closely attended; the rod and reel

must be held by hand while playing a

hooked fish. No person may use more

than one rod and line while fishing off

Oregon or Washington.

In that portion of the FMA off

California, the line must be attached to

a rod and reel held by hand or closely

attended. Weights directly attached to a

line may not exceed 4 lb (1.8 kg). While

fishing off California north of Point

Conception, no person fishing for

salmon, and no person fishing from a

boat with salmon on board, may use

more than one rod and line.

Fishing includes any activity that can

reasonably be expected to result in the

catching, taking, or harvesting of fish.

Geographical Landmarks

Wherever the words ‘‘nautical miles

of shore’’ are used in this rule, 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:

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

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

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

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

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

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

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

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

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

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

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

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

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

Bodega Head ................ 38°17′58′′ N. lat.

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

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

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

Point Lopez .................. 36°01′15′′ N. lat.

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

Point Mugu .................. 34°05′12′′ N. lat.

Inseason Notice Procedures

Actual notice of inseason

management actions will be provided by

a telephone hotline administered by the

Northwest Region, NMFS, 206–526–

6667 or 800–662–9825, and by U.S.

Coast Guard Notice to Mariners

broadcasts. These broadcasts are

announced on Channel 16 VHF–FM and

2182 kHz at frequent intervals. The

announcements designate the channel

or frequency over which the Notice to

Mariners will be immediately broadcast.

Inseason actions will also be filed for

publication with the Office of the

Federal Register as soon as practicable.

Since provisions of these management

measures may be altered by inseason

actions, fishermen should monitor

either the telephone hotline or Coast

Guard broadcasts for current

information for the area in which they

are fishing.

Technical Amendment

Amendment 9 to the FMP replaced

the long-term spawning escapement

goal and interim rebuilding schedule for

Klamath River fall chinook contained in

the framework FMP with fixed annual

spawning escapement and harvest rates.

Under this approach, known as harvest

rate management, the spawning

escapement rate is held constant at 33–

34 percent of the potential adults from

each brood over a long period of time

while the magnitude of harvest and the

number of spawners is allowed to vary

in proportion to the stock abundance.

Variation in spawning escapement is

subject to a minimum spawning

escapement floor of 35,000 naturally

spawning adults. The purpose of

shifting to a harvest rate management

approach was to allow for natural

variation in the spawning escapement

and to obtain information on the

productivity of the Klamath River Basin

to ultimately determine the optimum

escapement in order to achieve

maximum sustainable yield over the

long term.

On October 4, 1993, Solicitor of the

Department of the Interior issued an

opinion on the fishing rights of the

Hoopa Valley and Yurok Indian Tribes

on the Klamath and Trinity Rivers. In

that opinion, the Solicitor concluded

that the tribes have a federally protected

right to the fishery resource sufficient to

support a moderate standard of living or

50 percent of the total available annual

harvest of Klamath-Trinity basin

salmon, whichever is less. NMFS issued

a final rule recognizing the federally

reserved fishing rights of the Yurok and

Hoopa Valley Tribes, as acknowledged

and quantified by the Solicitor, as

applicable law for the purposes of the

Magnuson Act.

The STT was concerned that fixed

rate escapement for each brood of fish

might not be possible under variable

recruitment levels and annual 50/50

sharing of the harvest between tribal

and non-tribal sectors. Analysis by the

Klamath River Technical Advisory

Team indicated that under annual 50/50

sharing, the brood rate escapement rate

could vary from the targeted 33–34

percent rate by approximately 2 percent

for any given brood, but over the long

term the brood escapement rate would

average 33–34 percent.

Under the procedures contained in 50

CFR 661.22, NMFS is authorized to

modify an escapement goal by

publishing a notice in the Federal

Register under § 661.23 if: ‘‘A

comprehensive technical review of the

best scientific information available

provides conclusive evidence which, in

the view of the Salmon Technical Team

and the Council, justifies modification

of an escapement goal.’’ In addition,

Amendment 9 states that the

escapement rate may be modified upon

approval of the STT and the Council to

meet optimum yield (OY).

At the April 1996 Council meeting,

the STT advised the Council that

revising the escapement goal from a 33–

34 percent escapement rate calculated

on a brood year basis to a 33–34 percent

rate calculated over the long term would

not constitute a significant change. The

Council then recommended to NMFS

that the spawning escapement goal be

revised to allow the escapement rate to

vary from the 33–34 percent in order to

achieve the required tribal/non-tribal

annual allocation, as long as it averages

33–34 percent over the long term. NMFS

has approved this change because it

meets the objectives of Amendment 9’s

long-term escapement rate goal, and it

allows achievement of OY by allowing
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20187

achievement of both the escapement

goal and the 50/50 sharing requirement.

Classification

This notification of annual

management measures and technical

amendment are exempt from review

under E.O. 12866.

Section 661.23 requires NMFS to

publish a notice establishing

management measures for ocean salmon

fisheries each year and, if time allows,

invite public comments prior to the

effective date. Section 661.23 further

states that if, for good cause, a notice

must be filed without affording a prior

opportunity for public comment, public

comments on the notice must be invited

and received for a minimum of 15 days

after filing the notice with the Office of

the Federal Register. Under § 661.23,

measures are effective upon filing,

unless otherwise specified in the notice.

Because many ocean salmon seasons

are scheduled to start May 1, the

management measures must be in effect

by then. Each year the schedule for

establishing the annual management

measures begins in February with the

compilation and analysis of biological

and socio-economic data for the

previous year’s fishery and salmon stock

abundance estimates for the current

year. These documents are made

available and distributed to the public

for review and comment. Two meetings

of the Council follow in March and

April. These meetings are open to the

public and public comment on the

salmon management measures is

encouraged. In 1996, the Council

recommended management measures

near the conclusion of its meeting on

April 12, which resulted in a short time

frame for implementation.

In some areas, the season started on

May 1 in 1995, but is not scheduled to

start until later in 1996 (or it is

scheduled to start with different

management restrictions in place). The

different restrictions are put in place to

respond to the needs of the various

stocks in 1996. A delay in

implementation of the management

measures would allow inappropriate

openings in some areas, which would

cause adverse impacts not contemplated

in the design of the 1996 management

measures. Therefore, in light of the

limited available time and the adverse

effect of delay, NMFS has determined

that good cause exists to waive the

requirements of 50 CFR 661.23 and 5

U.S.C. 553(b) for prior notice and

opportunity for prior public comments

on that notice to be published in the

Federal Register. For the same reasons,

NMFS has determined that good cause

exists to waive the 30-day delay in

effectiveness under 5 U.S.C. 553(d). The

measures are effective May 1, 1996. For

this document, NMFS is receiving

public comments for 30 days from

publication of the document.

The public had opportunity to

comment on these management

measures during their development. The

public participated in the March and

April Council, STT, and Salmon

Advisory Subpanel meetings, and in

public hearings held in Washington,

Oregon, and California in early April

that generated the management actions

recommended by the Council and

approved by NMFS. Written public

comments were invited by the Council

between the March and April Council

meetings.

On March 8, 1996, NMFS issued a

biological opinion that considered the

effects of the FMP on all listed salmon

species. The biological opinion

concluded that fisheries conducted

under the FMP are likely to jeopardize

the continued existence of Sacramento

River winter chinook and Snake River

fall chinook, but provided a RPA to

avoid jeopardy. These management

measures comply with the RPA as well

as the incidental take conditions

contained in the biological opinion.

The biological opinion also concluded

that fisheries conducted under the FMP

are not likely to jeopardize the

continued existence of other listed

salmon species, specifically Snake River

wild sockeye salmon and Snake River

wild spring and summer chinook.

List of Subjects in 50 CFR Part 661

Fisheries, Fishing, Indians, Reporting

and recordkeeping requirements.

Dated: April 30, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 661 is amended

as follows:

PART 661—OCEAN SALMON

FISHERIES OFF THE COASTS OF

WASHINGTON, OREGON, AND

CALIFORNIA

1. The authority citation for part 661

continues to read as follows:

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

Appendix to Part 661 [Amended]

2. The appendix to part 661 is

amended in the table in IV.A.,

‘‘Summary of Specific Management

Goals for Stocks in the Salmon

Management Unit,’’ by revising the

entry for Klamath Fall Chinook to read

as follows:

Appendix

* * * * *

IV. Escapement Goals

A. * * *

SUMMARY OF SPECIFIC MANAGEMENT GOALS FOR STOCKS IN THE SALMON MANAGEMENT UNIT

System Spawning 1 escapement goal

* * * * *

Klamath Fall

Chinook.

Between 33 and 34 percent of the potential adult natural spawners, but no fewer than 35,000 naturally spawning adults in any

one year.3 The brood escapement rate will average 33 to 34 percent over the long term. The escapement rate for each brood

may vary from the 33 to 34 percent in order to achieve the required tribal/non-tribal annual allocation.

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1 Represents adult natural spawning escapement goal for viable natural stocks or adult hatchery return goal for stocks managed for artificial

production.

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3The minimum escapement floor of 35,000 naturally spawning adults may be modified only by amendment to the FMP.

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[FR Doc. 96–11136 Filed 4–30–96; 4:40 pm]

BILLING CODE 3510–22–W