[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35144-35145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17010]


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DEPARTMENT OF COMMERCE
50 CFR Part 660

[Docket No. 960126016-6121-04; I.D. 062896A]


Ocean Salmon Fisheries Off the Coasts of Washington, Oregon, and 
California; Closure from Point Arena, CA, to the U.S.-Mexican Border

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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SUMMARY: NMFS announces that the recreational salmon fishery in the 
area from Point Arena, CA, to the U.S.-Mexican border, in the exclusive 
economic zone (EEZ), closes at 0001 hours, July 2, 1996 and will remain 
closed until 0001 hours, July 15, 1996. The season in the EEZ will 
reopen under the terms of the preseason announcement of the 1996 
management measures. NMFS has determined that the 2-week closure is 
necessary to offset the increased impacts on Sacramento River winter 
chinook salmon resulting from the decision by the California Fish and 
Game Commission (Commission) to delay implementing an increase in the 
recreational minimum size limit for chinook salmon within state waters. 
This action is necessary for ocean salmon fisheries to remain in 
conformance with the March 8, 1996, biological opinion issued by NMFS 
and is intended to provide protection to Sacramento River winter 
chinook salmon.

DATES: Effective 0001 hours local time, July 2, 1996, through 0001 
hours local time, July 15, 1996. Comments will be accepted through July 
15, 1996.

ADDRESSES: Comments may be mailed to Hilda Diaz-Soltero, Director, 
Southwest Region, National Marine Fisheries

[[Page 35145]]

Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4132. 
Information relevant to this notice has been compiled in aggregate form 
and is available for public review during business hours at the 
Southwest Regional Office, and at the Northwest Regional Office, 
National Marine Fisheries Service, 7600 Sand Point Way NE., BIN C15700-
Bldg. 1, Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Rodney R. McInnis or Daniel Viele, 
310-980-4030.

SUPPLEMENTARY INFORMATION: Sacramento River winter chinook was listed 
under the Endangered Species Act (ESA) in 1989. In response to 
continuing and dangerously low abundance of winter chinook, NMFS issued 
a March 8, 1996, biological opinion (revised April 5, 1996) which 
required that ocean fishery impacts on winter chinook be reduced to the 
extent that winter chinook spawning escapement would be increased by 35 
percent compared to current levels. The 1996 ocean salmon management 
measures (61 FR 20175, May 6, 1996) recommended by the Pacific Fishery 
Management Council (Council) and approved and implemented by NMFS meet 
the requirements of the biological opinion through a combination of 
season reductions and increased minimum size limits.
    The State of California acted in late April to conform its 
commercial and recreational fishing regulations to the Council's 
recommended management measures. On May 1, 1996, the Commission, which 
regulates the recreational salmon fishery within state waters, 
announced its intent to consider delaying implementation of the July 2 
increase in the minimum size limit south of Point Arena for 
recreationally caught chinook until August 26.
    The Council considered the Commission's proposed action at its June 
18-19 meeting in Seattle, WA. NMFS informed the Council that any state 
actions resulting in an increase in winter chinook impacts would 
trigger inseason action by NMFS to ensure the requirements of the 
biological opinion would continue to be met. NMFS urged the Council to 
recommend adjustments to the fishing seasons in the EEZ, which would 
result in ocean salmon fisheries operating within the constraints of 
the biological opinion, should the Commission delay implementation of 
the July 2 minimum size limit increase. Despite advice from its Salmon 
Technical Team (STT) that the decrease in winter chinook spawning 
escapement resulting from the proposed delay would not meet ESA 
requirements, the Council, at its June 18-19 meeting, recommended that 
NMFS delay the minimum size limit increase in Federal waters as well. 
The Council further advised NMFS to constrain any Federal regulatory 
adjustments stemming from the Commission's actions to the California 
recreational fishery.
    On June 21, the Commission approved a July 15, 1996, date for the 
increase in the minimum size limit for chinook in the recreational 
salmon fishery south of Point Arena. A preliminary analysis by the STT 
indicates that the difference between the winter chinook spawning 
escapement increase expected under the NMFS approved and implemented 
management measures and the Commission's delay to July 15 would be 0.7 
percent. Although small, this difference results in winter chinook 
impacts that do not meet the requirement of the biological opinion to 
increase winter chinook spawning escapement by 35 percent.
    NMFS has taken this inseason action to close the recreational 
fishery in the EEZ during the same time period that the Commission has 
delayed the increase in the minimum size limit in state waters. 
Differing size limits in Federal and state waters are considered to be 
unenforceable. Analysis of how to compensate in the EEZ for the 2-week 
delay is made difficult by the lack of data partitioning recreational 
effort between the EEZ and state waters, and an inability to predict 
the portion of the recreational effort normally occurring in the EEZ 
that will shift to state waters as a result of an EEZ closure. Data for 
the commercial troll fishery off California in 1983 and 1984 indicate 
67 percent of the catch occurred in the EEZ. However, there is no 
reason to assume a similar distribution of the recreational effort. 
Officials at the California Department of Fish and Game estimate that 
perhaps 70 percent of the recreational effort in July may occur inside 
state waters. If it is assumed that 30 percent of the recreational 
fishing effort occurs in the EEZ and that no effort shift will result 
from an EEZ closure, a 2-week closure of the EEZ to recreational 
fishing in July would approximately compensate for the winter chinook 
impacts caused by the 2-week delay in the minimum size limit in state 
waters, according to the Winter Chinook Ocean Harvest Model. Based on 
that analysis, NMFS expects that with this 2-week closure the ocean 
fisheries will continue to meet the requirements of the biological 
opinion. If, however, further analysis by the STT should indicate that 
additional adjustments are required, NMFS will consider further 
closures to salmon fisheries in the EEZ.
    The Regional Director consulted with representatives of the Council 
and the California Department of Fish and Game. Because of the need for 
immediate action, NMFS has determined that good cause exists for this 
notice to be issued without affording a prior opportunity for public 
comment. This notice does not apply to other fisheries that may be 
operating in other areas.

Classification

    This action is authorized by 50 CFR 660.409 and 660.411 and is 
exempt from review under E.O. 12866.

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

    Dated: June 28, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-17010 Filed 6-28-96; 4:20 pm]
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