Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2001 Management Measures

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: May 8, 2001 (Volume 66, Number 89)]
[Rules and Regulations]
[Page 23185-23195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my01-19]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 010502110-1110-01; I.D. 042401D]
RIN 0648-AO49

Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; 2001 Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Annual management measures for the ocean salmon fishery;
request for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2001
ocean salmon fisheries off Washington, Oregon, and California and the
2002 salmon seasons opening earlier than May 1, 2002. Specific fishery
management measures vary by fishery and by area. The measures establish
fishing areas, seasons, quotas, legal gear, recreational fishing days
and catch limits, possession and landing restrictions, and minimum
lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-
200 nm) off Washington, Oregon, and California. The management measures
are intended to prevent overfishing and to apportion the ocean harvest
equitably among treaty Indian and non-treaty commercial and
recreational fisheries. The measures are also intended to allow a
portion of the salmon runs to escape the ocean fisheries in order to
provide for spawning escapement and for inside fisheries (fisheries
occurring in state internal waters).

DATES: Effective from 0001 hours Pacific Daylight Time, May 2, 2001,
until the effective date of the 2002 management measures, as published
in the Federal Register. Comments must be received by May 23, 2001.

ADDRESSES: Comments on the management measures and the related
environmental assessment (EA) may be sent to Donna Darm, Acting
Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way
N.E., Seattle, WA 98115-0070, fax: 206-526-6376; or to Rebecca Lent,
Regional Administrator, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213, fax: 562-980-4018.
Comments

[[Page 23186]]

will not be accepted if submitted via e-mail or Internet.
Copies of the EA and other documents cited in this document are
available from Dr. Donald O. McIsaac, Executive Director, Pacific
Fishery Management Council, 2130 S.W. Fifth Ave., Suite 224, Portland,
OR 97201.
Send comments regarding the reporting burden estimate or any other
aspect of the collection-of-information requirements in these
management measures, including suggestions for reducing the burden, to
one of the NMFS addresses and to the Office of Management and Budget
(OMB), Washigton, D.C. 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140,
or Svein Fougner at 562-980-4040.

SUPPLEMENTARY INFORMATION:

Background

The ocean salmon fisheries in the EEZ off Washington, Oregon, and
California are managed under a ``framework'' fishery management plan
entitled the Pacific Coast Salmon Plan (Salmon FMP). Regulations at 50
CFR part 660, subpart H, provide the mechanism for making preseason and
inseason adjustments to the management measures, within limits set by
the Salmon FMP, by notification in the Federal Register.
These management measures for the 2001 and pre-May 2002 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 3 to 6, 2001, meeting.

Schedule Used to Establish 2001 Management Measures

In accordance with the Salmon FMP, the Council's Salmon Technical
Team (STT) and staff economist prepared a series of reports for the
Council, its advisors, and the public. The first of the reports was
prepared in February when the necessary scientific information first
became available. The first report, ``Review of 2000 Ocean Salmon
Fisheries'' (REVIEW), summarizes biological and socio-economic data for
the 2000 ocean salmon fisheries and assesses how well the Council's
2000 management objectives were met. The second report, ``Preseason
Report I Stock Abundance Analysis for 2001 Ocean Salmon Fisheries''
(PRE I), provides the 2001 salmon stock abundance projections and
analyzes the impacts on the stocks and Council management goals if the
2000 regulations and regulatory procedures were applied to the 2001
stock abundances.
The Council met in Portland, OR from March 5 to 9, 2001, to develop
2001 management options for proposal. Three commercial and three
recreational fishery management options were proposed for analysis and
public comment. These options consisted of various combinations of
management measures designed to protect weak stocks of coho and chinook
salmon and to provide for ocean harvests of more abundant stocks. After
the March Council meeting, the Council's STT and staff economist
prepared a third report, ``Preseason Report II Analysis of Proposed
Regulatory Options for 2001 Ocean Salmon Fisheries'', which analyzes
the effects of the proposed 2001 management options. This report also
was made available to the Council, its advisors, and the public.
Public hearings to receive public testimony on the proposed options
were held on: March 26, 2001, in Westport, WA and Coos Bay, OR; March
27, 2001, in Tillamook, OR and Eureka, CA; and March 28, 2001, in Moss
Landing, CA. The Council also received public testimony at both the
March and April meetings, and received written comments at the Council
office.
The Council met on April 3 to 6, 2001, in Sacramento, CA to adopt
its final 2001 recommendations. Following the April Council meeting,
the Council's STT and staff economist prepared a fourth report,
``Preseason Report III Analysis of Council-Adopted Management Measures
for 2001 Ocean Salmon Fisheries,'' which analyzes the environmental and
socio-economic effects of the Council's final recommendations. This
report also was made available to the Council, its advisors, and the
public. After the Council took final action on the annual ocean salmon
specifications in April, it published the recommended management
measures in its newsletter.

Resource Status

Since 1989, NMFS has listed under the Endangered Species Act (ESA)
16 evolutionarily significant units (ESUs) of salmon on the West Coast.
As the listings have occurred, NMFS has conducted formal ESA section 7
consultations and issued biological opinions (BOs) that consider the
impacts to listed salmonid species resulting from proposed
implementation of the salmon FMP, or in some cases, from proposed
implementation of the annual management measures. Associated with the
BOs are incidental take statements that specify the level of take that
is exempted from the section 9 prohibitions of the ESA (consultation
standards). Some of the BOs have concluded that implementation of the
salmon FMP is not likely to jeopardize the continued existence of
certain listed ESUs. Other BOs have found that implementation of the
salmon FMP is likely to jeopardize certain listed ESUs and have
identified reasonable and prudent alternatives that would avoid the
likelihood of jeopardizing the continued existence of the ESU under
consideration. In a March 2, 2001, letter to the Council, NMFS provided
the Council with ESA standards and guidance for the management of
stocks listed under the ESA in anticipation of the BOs in preparation
for the 2001 management season.
Estimates of the 2000 spawning escapements for key stocks managed
under the salmon FMP and preseason estimates of 2001 ocean abundance
are provided in the Council's REVIEW and PRE I documents. The primary
resource and management concerns are for salmon stocks listed under the
ESA.
NMFS has listed three ESUs of coho under the ESA: central
California coastal, southern Oregon/northern California coastal, and
Oregon coastal. The three northern sub-stocks of Oregon coastal natural
(OCN) coho comprise the Oregon coastal coho ESU. OCN coho are the
largest naturally produced component of the natural and hatchery coho
stocks originating from rivers south of Leadbetter Point, WA. OCN coho
are managed as a stock aggregate with four identified sub-stocks that
include coho produced from Oregon river and lake systems south of the
Columbia River. NMFS' ESA consultation standards require that the three
OCN northern sub-stocks be managed in accordance with Amendment 13 to
the Salmon FMP, which permits an exploitation rate of up to 15 percent
under the current level of ocean survival. The southern sub-stock is
part of the southern Oregon/northern California coastal ESU and must be
managed in accordance with the requirements for that ESU. The 2001
ocean abundance estimate for OCN is 50,100 coho, which is 90 percent of
the 2000 preseason prediction of 55,900 coho, but represents a 72
percent increase above the post-season estimate of the 1998 parent
brood (PRE I).
Central California coastal coho and southern Oregon/northern
California coastal coho are listed as threatened species under the ESA
(61 FR 56138, October 31, 1996, and 62 FR 24588, May 6, 1997). Coho
populations in California have not been monitored closely in the past,
and no forecasts of the ocean abundance of listed coho originating from
California are available; these runs have been generally at low
abundance

[[Page 23187]]

levels for many years. NMFS' ESA consultation standards for the
southern Oregon/northern California coastal coho and Central California
coastal coho ESUs require that the ocean exploitation rate on Rogue/
Klamath hatchery coho be constrained to 13 percent or less, and that
the retention of coho in recreational and commercial fisheries off
California be prohibited.
Sacramento River winter chinook is listed as an endangered species
under the ESA (59 FR 440, January 4, 1994). NMFS' ESA consultation
standard requires that all harvest-related impacts to the Sacramento
River winter chinook salmon population be reduced by a level that would
achieve at least a 31 percent increase in the age-3 spawner-to-spawner
replacement rate over a base period of 1989 through 1993. The 2000
spawning run size was estimated to be 560 adults, similar to the
estimated 1997 adult escapement. Neither preseason nor postseason
estimates of ocean abundance are available for winter chinook; however,
the run is expected to remain depressed in 2001.
California coastal chinook is listed as a threatened species under
the ESA (64 FR 50394, September 16, 1999). Coastal chinook spawning
populations are not well monitored and no estimate of an ocean
exploitation rate is available. NMFS' ESA consultation standard for
California coastal chinook requires that the ocean harvest rate on
Klamath River fall chinook not exceed 17 percent, which is the maximum
observed since 1996. The standard is intended to prevent harvest
impacts on California coastal chinook from increasing substantially
above levels that have occurred since 1996, the year in which
additional ocean harvest constraints were introduced to protect
Sacramento River winter chinook.
California Central Valley spring chinook is listed as a threatened
species under the ESA (64 FR 50394, September 16, 1999). Since 1994,
the 3-year replacement rates of Central Valley spring chinook returning
to Deer and Butte Creeks have consistently increased, with relatively
strong returns to Butte Creek. NMFS' ESA consultation standard for
Central Valley spring chinook requires continued implementation of ESA
consultation standards to protect Sacramento River winter chinook.
Snake River wild fall chinook is listed under the ESA as a
threatened species (57 FR 14653, April 22, 1992). Information on the
stock's ocean distribution and on fishery impacts is not available.
Fishery impacts on Snake River fall chinook are evaluated using the
Lyons Ferry Hatchery stock. The Lyons Ferry stock is widely distributed
and harvested by ocean fisheries from southern California to Alaska.
NMFS' ESA consultation standard requires that Council fisheries must be
managed to ensure that the exploitation rate on age-3 and age-4 adults
for the combined Southeast Alaska, Canadian, and Council fisheries is
30 percent less than that observed during the 1988-1993 base period.
This is the second year that NMFS provided guidance to the Council
related to the Puget Sound chinook ESU. NMFS' consultation standards
for Puget Sound chinook stocks are expressed in terms of total or
southern U.S. fishery exploitation rate ceilings, or terminal
escapement objectives. Under the current management structure, Council
fisheries are included as part of the suite of fisheries that comprise
the fishing regime negotiated each year by the co-managers under U.S.
v. Washington to meet management objectives for Puget Sound and
Washington Coastal salmon stocks. The comprehensive nature of the
management objectives and the management planning structure strongly
connect Council and Puget Sound fisheries. Therefore, in adopting its
regulations, the Council must determine that its fisheries in the
ocean, when combined with the suite of other fisheries impacting this
ESU, meet the management targets set for stocks within this ESU. NMFS
estimated in its ESA BO for 2000 fisheries that the exploitation rates
from Council-managed fisheries on Puget Sound spring and fall chinook
stock aggregates have been zero and three percent or less,
respectively, in recent years. Management actions taken to meet
exploitation rate targets will, therefore, occur primarily in the Puget
Sound fisheries, but the nature of the existing process is such that
ocean fishery impacts will be accounted for, and are potentially liable
to constraining measures to meet particular targets.
NMFS has evaluated the ``Puget Sound Comprehensive Chinook
Management Plan: Harvest Management Component as a Resource Management
Plan'' (RMP) for Puget Sound chinook under the recently adopted ESA
section 4(d) rule (65 FR 42422, July 10, 2000). The RMP, jointly
developed by the Washington Department of Fish and Wildlife (WDFW) and
the Puget Sound Treaty Tribes, includes stock-specific harvest
management objectives for Puget Sound chinook. NMFS has determined that
the RMP is consistent with the ESA section 4(d) rule, and that the 2001
ocean and inside fisheries are consistent with the RMP. In addition,
the 2001 and pre-May 2002 management measures are consistent with the
standards set to avoid jeopardy in the above BO.

Management Measures for 2001 Fisheries

The Council recommended ocean harvest levels and management
measures for 2001 are designed to apportion the burden of protecting
the weak stocks identified and discussed in PRE I equitably among ocean
fisheries and to allow maximum harvest of natural and hatchery run
surplus to inside fishery and spawning needs. NMFS finds the Council's
recommendations responsive to the goals of the salmon FMP, the
requirements of the resource, and the socio-economic factors affecting
resource users. The recommendations are consistent with the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and other applicable law,
including the ESA and U.S. obligations to Indian tribes with federally
recognized fishing rights. Accordingly, NMFS has adopted them.
The dominant issues before the Council were achieving an acceptable
ocean exploitation rate on OCN and southern Oregon/northern California
coho, meeting NMFS' ESA consultation standards for Sacramento River
winter chinook, California coastal chinook, and Puget Sound chinook,
and equitably allocating the Klamath River fall chinook harvest.
Amendment 13 establishes the allowable harvest rates for OCN coho.
When the Council adopted Amendment 13 in 1997, it stipulated that the
amendment should be reviewed and updated on a periodic basis beginning
in 2000. In November of 1999, the Council approved the formation of an
ad hoc OCN workgroup to complete the review. The subsequent report
recommended several changes to the original management matrix including
a lower range of harvest rates when spawner abundance and marine
survival are very low. At its November, 2000, meeting the Council
adopted the OCN workgroup report as ``expert biological advice to help
guide Council management of OCN coho.'' The report recommended that
harvest rates be limited to the range of between 0 and 8 percent when
the status of parental spawners is ``critical'' for any of the sub-
aggregate populations regardless of marine survival. This is the
circumstance the Council faced this year. Even though the marine
survival will be in the medium category, the applicable parental
spawner status is critical, and the OCN workgroup report

[[Page 23188]]

recommended a 0 to 8 percent exploitation rate. The guidance provided
by the workgroup report given the circumstances for 2001 are more
specific and more conservative than under the original Amendment 13
management matrix. The Council's recommended measures are expected to
produce a 7.4-percent OCN coho exploitation rate (freshwater and
marine) and a 3.0 percent marine exploitation rate impact for Rogue/
Klamath coho, which are the index stocks for the southern Oregon/
northern California coho stocks. Retention of coho off California
continues to be prohibited for the seventh consecutive year.
From the U.S.-Canada border to Cape Falcon, OR, ocean fisheries are
managed to protect depressed lower Columbia River fall chinook salmon
and Washington coastal and Puget Sound natural coho salmon stocks, and
to meet ESA requirements for Snake River fall chinook salmon. Ocean
treaty and 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.
North of Cape Falcon, OR, the 2001 management measures are more
liberal than the 2000 season measures. The total allowable catch for
2001 is 60,000 chinook and 300,000 coho; these fisheries are restricted
to protect depressed Washington coastal, Puget Sound, and OCN coho.
Washington coastal and Puget Sound chinook generally migrate to the far
north and are affected insignificantly by ocean harvests from Cape
Falcon to the U.S.-Canada border.
South of Cape Falcon, OR, the retention of coho is prohibited,
except for a recreational selective fishery off Oregon in July with a
55,000-fish quota of marked hatchery coho. Chinook fisheries are
constrained primarily to meet the ESA standards for California coastal
chinook and Sacramento River winter chinook. As a result of these
constraints and the high abundance forecast for age-4 Klamath River
fall chinook, an unusually large number of fall chinook are predicted
to be available for in-river harvest in the Klamath-Trinity Basin.
These constraints also limit impacts on threatened Snake River fall
chinook and Central Valley spring chinook, and limit hook-and-release
mortality on Oregon coastal coho, southern Oregon/northern California
coastal coho, and central California coho. Size limit, gear, and
seasonal restrictions are intended to reduce harvest impacts on ESA
listed stocks.

Treaty Indian Fisheries

The treaty-Indian commercial troll fishery quota is 37,000 chinook
in ocean management areas and Area 4B combined. The fisheries includes
a chinook-directed fishery in May and June (under a quota of 18,500
chinook) and an all-salmon season beginning in July with a 18,500
chinook sub-quota. The expected 2001 harvest would be an increase from
the observed harvest in 2000. The coho quota for the treaty-Indian
troll fishery in ocean management areas, including Washington State
Statistical Area 4B for the July-September period is 90,000 coho, a
significant increase from 2000.

2002 Fisheries

The timing of the March and April Council meetings makes it
impracticable for the Council to recommend fishing seasons that begin
before May 1 of the same year. Therefore, the 2002 fishing seasons
opening earlier than May 1 are also established in this action. The
Council recommended, and NMFS concurs, that the recreational seasons
from Horse Mountain to the U.S.-Mexico Border will open off California
in 2001 as indicated in the season description section. At the November
2001 meeting, the Council will consider a recommendation to open
recreational seasons for all salmon except coho prior to April 13 in
areas off California between Pt. Arena and the U.S.-Mexico border. At
the March 2002 meeting, the Council will consider inseason
recommendations to (1) open commercial seasons for all salmon except
coho prior to May 1 in areas off Oregon and off California south of
Point Sur, (2) open recreational seasons for all salmon except coho
prior to May 1 in areas off Oregon, and (3) identify the areas, season,
quota, and special regulations for any experimental April fisheries
(proposals must meet Council protocol and be received in November
2001).

Inseason Actions

The following sections set out the management regime for the salmon
fishery. Open seasons and days are described in Sections 1, 2, and 3 of
the 2001 management measures. Inseason closures in the commercial and
recreational fisheries are announced on the NMFS hotline and through
the U.S. Coast Guard Notice to Mariners as described in Section 7.
Other inseason adjustments to management measures are also announced on
the hotline and through the Notice to Mariners.
The following are the management measures recommended by the
Council and approved and implemented by NMFS for 2001 and, as
specified, for 2002.

Section 1. Commercial Management Measures for 2001 Ocean Salmon
Fisheries

Note: This section contains restrictions in parts A, B, and C that
must be followed for lawful participation in the fishery.

A. Season Description--North of Cape Falcon

U.S--Canada Border to Cape Falcon

May 1 through earlier of June 30 or 17,000-chinook guideline (see
C.7.a). All salmon except coho. No more than 4 spreads per line
beginning June 1 (see gear restrictions in C.2). Cape Flattery and
Columbia Control Zones closed (C.4.a and C.4.b). The 17,000-chinook
guideline includes a subarea guideline of 12,000 chinook for the area
between the U.S.-Canada border and the Queets River. State regulations
require that fishers fishing within the U.S.-Canada Border to Queets
River subarea, and intending to land their catch outside of this
subarea, notify WDFW before they leave the subarea. Vessels must land
and deliver their fish within the area or in adjacent areas that are
closed to all commercial non-Indian salmon fishing, and within 24 hours
of any closure of this fishery. Inseason actions may modify harvest
guidelines in later fisheries to achieve or prevent exceeding the
overall allowable troll harvest impacts (see C.7.a).

U.S--Canada Border to Leadbetter Pt.

July 1 through earliest of July 27 or 7,000-chinook preseason
guideline (see C.7.a) or 12,000 marked coho guideline. All salmon (all
retained coho must have a healed adipose fin clip). The 7,000-chinook
guideline includes a subarea guideline of 4,000 chinook for the area
between the U.S.-Canada border and the Queets River. Gear restricted to
plugs 6 inches (15.2 cm) or longer; no more than 4 spreads per line
plus 1 flasher w/o hooks (see also C.2). Cape Flattery Control Zone
closed (C.4.a). Trip limits, gear restrictions, and guidelines may be
implemented or adjusted inseason. Fishery is continuous until 75
percent of either guideline is caught, then it reverts to 4 days open/3
days closed. Vessels must land and deliver their fish within the area
or in adjacent areas that are closed to all commercial non-Indian

[[Page 23189]]

salmon fishing, and within 24 hours of any closure of this fishery.
State regulations require that fishers fishing within the U.S.-Canada
Border to Queets River subarea, and intending to land their catch
outside of this subarea, notify WDFW before they leave the subarea.

Leadbetter Point to Cape Falcon

July 20 through July 27. Catch in this fishery will be assessed
against the 6,000 chinook and 63,000 marked coho guidelines in the
Queets River to Cape Falcon fishery. All salmon (all retained coho must
have a healed adipose fin clip). See gear restrictions in C.2. Trip
limits, gear restrictions, and guidelines (see C.7.a) may be instituted
or adjusted inseason. Vessels must land and deliver their fish within
the area or in adjacent areas that are closed to all commercial non-
Indian salmon fishing, and within 24 hours of any closure of this
fishery. Columbia River Control Zone is closed (C.4.b).

Queets River to Cape Falcon

The earlier of the day following closure of the U.S.-Canada Border
to Leadbetter Pt. July troll fishery or July 28, but not before July
20, through earliest of September 30 or the overall chinook quota
(preseason 6,000-chinook guideline; see C.7.a.) or 63,000 marked coho
guideline. All salmon (all retained coho must have a healed adipose fin
clip). See gear restrictions in C.2. Fishery continuous until 75
percent of either guideline caught, then reverts to a cycle of 4 days
open/3 days closed. Trip limits, gear restrictions, and guidelines may
be instituted or adjusted inseason. Vessels must land and deliver their
fish within the area or in adjacent areas that are closed to all
commercial non-Indian salmon fishing, and within 24 hours of any
closure of this fishery. Columbia River Control Zone is closed (C.4.b).

South of Cape Falcon

Cape Falcon to Florence South Jetty

April 1 through July 18; July 27 through August 29; and September 1
through October 31. All salmon except coho. See gear restrictions C.2
and Oregon State regulations for a description of the closed area at
the mouth of Tillamook Bay. [Note: Incidental retention of halibut is
not allowed until May 1.]

Florence South Jetty to Humbug Mt.

April 1 through July 9; July 18 through August 29; and September 1
through October 31. All salmon except coho. See gear restrictions in
C.2.

Humbug Mt. to OR-CA Border

May 1 through May 31. All salmon except coho. See gear restriction
C.2.
June 3 through earlier of June 30 or 1,500-chinook. All salmon
except coho. Fishery follows a cycle of 2 days open/2 days closed (may
be adjusted inseason to match management needs). Possession and landing
limit of 30 fish per day. See gear restrictions C.2. All salmon must be
landed and delivered to Gold Beach, Port Orford, or Brookings within 24
hours of closure.
August 1 through earlier of August 31 or 3,000-chinook quota. All
salmon except coho. Possession and landing limit of 30 fish per day.
See gear restrictions C.2. All salmon must be landed and delivered to
Gold Beach, Port Orford, or Brookings within 24 hours of closure.

Humbug Mt., OR to Humboldt South Jetty

September 1 through earlier of September 30 or 8,000-chinook quota.
All salmon except coho. Possession and landing limit of 30 fish per
day. All fish caught in this area must be landed within the area. See
gear restrictions in C.2. Klamath Control Zone closed (C.4.). The
8,000-chinook quota includes a harvest guideline limiting the combined
landings at the ports of Gold Beach, Port Orford, and Brookings to no
more than 2,000 chinook. If this guideline is reached prior to the
overall quota, the fishery will close north of the Oregon-California
border. When the fishery is closed north of the Oregon-California
border and open to the south, Oregon State regulations provide for the
following action: Vessels with fish on board caught in the open area
off California may seek temporary mooring in Brookings, OR prior to
landing in California only if such vessels first notify the Chetco
River Coast Guard Station via VHF channel 22A between the hours of 0500
and 2200 and provide the vessel name, number of fish on board, and
estimated time of arrival.

Horse Mt. to Pt. Arena (Fort Bragg)

May 1 through earlier of May 31 or 3,000-chinook quota. All salmon
except coho. All fish caught in this area must be landed within the
area. Minimum size 26 inches (66 cm). See gear restrictions in C.2.
September 1 through September 30. All salmon except coho. Minimum
size 26 inches (66 cm). See gear restrictions in C.2.

Pt. Arena to Pt. Reyes (Bodega Bay)

June 24 through September 30. All salmon except coho. Minimum size
limit 26 inches (66 cm) through June 30 and 27 inches (68.6 cm)
thereafter. See gear restrictions in C.2.

Pt. Reyes to Pt. San Pedro

May 24 through September 30. All salmon except coho. Minimum size
26 inches (66 cm) through June 30 and 27 inches (68.6 cm) thereafter.
See gear restrictions in C.2.
Mon. through Fri. October 1 through October 12. All salmon except
coho. Minimum size 27 inches (68.6 cm). See gear restrictions in C.2.

Pt. San Pedro to Pt. Sur

May 1 through August 14. All salmon except coho. Minimum size limit
26 inches (66 cm) through June 30 and 27 inches (68.6 cm) thereafter.
See gear restrictions in C.2.

Pt. Sur to U.S.-Mexico Border

May 1 through August 14 and September 11 through September 30. All
salmon except coho. Minimum size 26 inches (66 cm) through June 30 and
27 inches (68.6 cm) thereafter. See gear restrictions C.2.
In 2002, Council to consider opening a fishery from April. 15-30
south of Pt. Sur (see C.7.b).

B. Minimum Size (Inches)
----------------------------------------------------------------------------------------------------------------
Chinook Coho
----------------------------------------------------------------------------------------------------------------
Total Total
Area (when open) Length Head-off Length Head-off Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon 28.0 21.5 16.0 12.0 None
Cape Falcon to Pt. Arena 26.0 \a\ 19.5\a\ None
South of Pt. Arena prior to July 1 26.0\a\ 19.5 \a\ None
South of Pt. Arena after June 30 27.0\a\ 20.25\a\ None
----------------------------------------------------------------------------------------------------------------
\a\ Chinook not less than 26 in (19.5 in head-off) taken in open seasons south of Cape Falcon may be landed
north of Cape Falcon only when the season is closed north of Cape Falcon.

[[Page 23190]]

Metric equivalents: 28.0 in=71.1 cm, 27.0 in=68.6 cm, 26.0 in=66.0 cm, 21.5 in=54.6 cm, 20.25 in=51.4 cm, 19.5
in= 49.5 cm, 16.0 in=40.6 cm, 12.0 in=30.5 cm.

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. Compliance with Minimum Size or Other Special Restrictions:

All salmon on board a vessel must meet the minimum size or other
special requirements for the area being fished and the area in which
they are landed if that area is open. Salmon may be landed in an area
that is closed only if they meet the minimum size or other special
requirements for the area in which they were caught.

C.2. Gear Restrictions:

a. Single point, single shank, barbless hooks are required in all
fisheries.
b. Off Oregon South of Cape Falcon: No more than 4 spreads are
allowed per line.
Spread defined: A single leader connected to an individual lure or
bait.
c. Off California: No more than 6 lines are allowed per vessel and
barbless circle hooks are required when fishing with bait by any means
other than trolling.
Circle hook defined: A hook with a generally circular shape and a
point which turns inward, pointing directly to the shank at a 90 deg.
angle.
Trolling defined: Fishing from a boat or floating device that is
making way by means of a source of power, other than drifting by means
of the prevailing water current or weather conditions.
C.3. Transit Through Closed Areas with Salmon on Board: It is
unlawful for a vessel to have troll or recreational gear in the water
while transiting any area closed to salmon fishing while possessing
salmon; however, fishing for species other than salmon is not
prohibited if the area is open for such species and no salmon are in
possession.
C.4. Control Zone Definitions:
a. Cape Flattery Control Zone--The area from Cape Flattery
(48 deg.23'00" N. lat.) to the northern boundary of the U.S. EEZ; and
the area from Cape Flattery south to Cape Alava, 48 deg.10'00" N. lat.
and east of 125 deg.05'00" W. long.
b. Columbia Control Zone--An area at the Columbia River mouth,
bounded on the west by a line running northeast/ southwest between red
lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.) and
green lighted Buoy #7 (46 deg.15'09" N. lat., 124 deg.06'16" W. long.);
on the east, by the Buoy #10 line which bears north/south at 357 deg.
true from the south jetty at 46 deg.14'00" N. lat., 124 deg.03'07" W.
long. to its intersection with the north jetty; on the north, by a line
running northeast/southwest between green lighted Buoy #7 to the tip of
the north jetty (46 deg.14'48" N. lat., 124 deg.05'20" W. long.) and
then along the north jetty to the point of intersection with the Buoy
#10 line; and, on the south, by a line running northeast/southwest
between red lighted Buoy #4 and the tip of the south jetty
(46 deg.14'03" N. lat., 124 deg.04'05" W. long.), and then along the
south jetty to the point of intersection with the Buoy #10 line.
c. Klamath Control Zone--The ocean area at the Klamath River mouth
bounded on the north by 41 deg.38'48" N. lat. (approximately 6 nm (11.1
km) north of the Klamath River mouth); on the west, by 124 deg.23'00"
W. long. (approximately 12 nm (22.2 km) off shore); and, on the south,
by 41 deg.26'48" N. lat. (approximately 6 nm (11.1 km) south of the
Klamath River mouth).
C.5. Notification When Unsafe Conditions Prevent Compliance with
Regulations: If prevented by unsafe weather conditions or mechanical
problems from meeting special management area landing restrictions,
vessels must notify the U.S. Coast Guard and receive acknowledgment of
such notification prior to leaving the area. This notification shall
include the name of the vessel, port where delivery will be made,
approximate amount of salmon (by species) on board, and the estimated
time of arrival.
C.6. Incidental Halibut Harvest: During authorized periods, the
operator of a vessel that has been issued an incidental halibut harvest
license may retain Pacific halibut caught incidentally in Area 2A while
trolling for salmon. License applications for incidental harvest must
be obtained from the International Pacific Halibut Commission (phone
206-634-1838). Applicants must apply prior to April 1 of each year.
Incidental harvest is authorized only during May and June troll seasons
and after June 30 if quota remains and if announced on the NMFS hotline
(phone 800-662-9825). Oregon Department of Fish and Wildlife (ODFW) and
WDFW will monitor landings. If the landings are projected to exceed the
34,046-lb (15.5-mt) preseason allocation or the total Area 2A non-
Indian commercial halibut allocation, NMFS will take inseason action to
close the incidental halibut fishery. License holders may land no more
than 1 halibut per each 3 chinook, (except 1 halibut may be landed
without meeting the ratio requirement), and no more than 35 halibut may
be landed per trip. Halibut retained must be no less than 32 in (81.3
cm) in total length (with head on).
C.7. Inseason Management: In addition to standard inseason actions
or modifications already noted under the season description, the
following inseason adjustments may be implemented:
a. After the May/June non-Indian commercial salmon fishery north of
Cape Falcon, if the entire 17,000 chinook harvest guideline has not
been taken, up to 5,000 chinook may be transferred to the Queets River
to Cape Falcon July-September harvest guideline at a one-to-one rate.
Any chinook uncaught from the May/June fishery in excess of 5,000 may
be transferred to the July-September fishery on a fishery impact
equivalent basis.
b. At the March 2002 meeting, the Council will consider inseason
recommendations to: (1) open commercial seasons for all salmon except
coho prior to May 1 in areas off Oregon and off California south of
Point Sur, and (2) identify the areas, season, quota, and special
regulations for any experimental April fisheries (proposals must meet
Council protocol and be received by November 2001).
C.8. Consistent with Council management objectives, the State of
Oregon may establish additional late-season, chinook-only fisheries in
state waters. Check state regulations for details.
C.9. For the purposes of California Department of Fish and Game
(CDFG) Code, Section 8232.5, the definition of the KMZ for the ocean
salmon season is that area from Humbug Mt., OR to Horse Mt., CA.

Section 2. Recreational Management Measures for 2001 Ocean Salmon
Fisheries

Note: This section contains restrictions in parts A, B, and C that
must be followed for lawful participation in the fishery.

A. Season Description--North of Cape Falcon

U.S.--Canada Border to Cape Alava (Neah Bay Area)

July 1 through earlier of September 30 or 23,400-coho subarea
quota. All salmon (7 days per week), 2 fish per day, but only 1
chinook, and all retained coho must have a healed adipose fin clip.
Chinook non-retention in Area 4B unless modified by inseason

[[Page 23191]]

management. Inseason management (C.4) may be used to sustain season
length and keep harvest within a guideline of 1,700 chinook.

Cape Alava to Queets River (La Push Area)

July 1 through earlier of September 23 or subarea sub-quota of
5,350 coho; September 24 through earlier of October 21 or overall
subarea quota of 5,850 (500 set-aside) coho. All salmon (7 days per
week), 2 fish per day, but only 1 chinook, and all retained coho must
have a healed adipose fin clip. Inseason management (C.4) may be used
to sustain season length and keep harvest within a guideline of 1,000
chinook for the general season and 100 chinook for the set-aside
season.

Queets River to Leadbetter Pt. (Westport Area)

Sunday through Thursday July 1 through earlier of September 30 or
83,250 coho subarea quota; All salmon. 2 fish per day, but only 1
chinook and all retained coho must have a healed adipose fin clip.
Inseason management (C.4) may be used to maintain season length and
limit harvest within a guideline of 19,450 chinook.

Leadbetter Pt. to Cape Falcon (Columbia River Area)

Sunday through Thursday July 1 through earlier of September 3 or
subarea sub-quota of 102,500 coho; Tillamook Head to North Head
Lighthouse, 7 days per week, September 4 through earlier of September
30 or overall subarea quota of 112,500 coho (10,000 set-aside). All
salmon. 2 fish per day, but only 1 chinook and all retained coho must
have a healed adipose fin clip. Closed between Tillamook Head and Cape
Falcon beginning August 1. Closed in Recreational Columbia Control Zone
(C.3.a). Inseason management (C.4) may be used to sustain season length
and limit harvest within a guideline of 7,750 chinook.

South of Cape Falcon

Cape Falcon to Humbug Mt.

Except as provided below during the selective fishery, the season
is: April 1 through October 31; all salmon except coho; 2 fish per day;
no more than 6 fish in 7 consecutive days. See gear restrictions in
C.2.a and C.2.b. See Oregon State regulations for a description of a
closure at the mouth of Tillamook Bay.
Selective fishery for marked hatchery coho: June 22 through earlier
of July 31 or a landed catch of 55,000 coho. All salmon. 2 fish per
day, all retained coho must have a healed adipose fin clip. No more
than 6 fish in 7 consecutive days. All salmon except coho season
reopens the earlier of August 1 or attainment of the coho quota.

Humbug Mt. to Horse Mt. (Klamath Management Zone)

May 17 through July 8 and July 24 through September 3. All salmon
except coho. 2 fish per day. From May 17 through July 8, no more than 4
fish in 7 consecutive days. Beginning July 24, no more than 6 fish in 7
consecutive days. See gear restrictions in C.2. Klamath Control Zone
(C.3.b) closed during August.

Horse Mt. to Pt. Arena (Fort Bragg)

February 17 through November 18; All salmon except coho; 2 fish per
day. Minimum size 24 inches (61 cm) through May 31, and 20 inches (50.8
cm) thereafter. Gear restrictions include: one rod per angler, no more
than 2 barbless hooks, and circle hooks when not trolling (C.2.a, C.2.c
and C.2.d).
In 2002, the season opens February 16 (nearest Saturday to February
15) for all salmon except coho. 2 fish per day, 24-inch (61-cm) minimum
size limit and the same gear restrictions as in 2001.

Pt. Arena to Pigeon Pt.

April 14 through November 13; All salmon except coho; 2 fish per
day. Minimum size limit 24 inches (61 cm) through June 30, and 20
inches (50.8 cm) thereafter. One rod per angler. Gear restrictions
include: one rod per angler, no more than 2 barbless hooks, and circle
hooks when not trolling (C.2.a, C.2.c, and C.2.d).
In 2002, the season opens April 13 for all salmon except coho; 2
fish per day, 24-inch (61-cm) minimum size limit and the same gear
restrictions as in 2001. This opening could be modified to allow an
earlier opening date following Council review at its November 2001
meeting.

Pigeon Pt. to U.S.-Mexico Border

March 31 through September 30. All salmon except coho; 2 fish per
day. Minimum size limit 24 inches (61 cm) through June 30, and 20
inches (50.8 cm) thereafter. Gear restrictions include: one rod per
angler, no more than 2 barbless hooks, and circle hooks when not
trolling (C.2.a, C.2.c, and C.2.d).
In 2002, the season opens March 30 for all salmon except coho; 2
fish per day, 24-inch (61-cm) minimum size limit and the same gear
restrictions as in 2001. This opening date could be modified to an
earlier opening date following Council review at its November 2001
meeting.

B. Minimum Size (Inches)
------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
------------------------------------------------------------------------
North of Cape Falcon 24.0 16.0 None
Cape Falcon to Horse Mt. 20.0 16.0 None, except
20.0 off CA
Horse Mt. to Pt. Arena 20.0\a\ 20.0
South of Pt. Arena 20.0\b\ 20.0
------------------------------------------------------------------------
\a\ Except 24.0 inches prior to June 1.
\b\ Except 24.0 inches prior to July 1.
Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, 16.0 in=40.6 cm.

C. Special Requirements, Definitions, Restrictions, or Exceptions

C.1. All salmon on board a vessel must meet the minimum size or
other special requirements for the area being fished, and the area in
which they are landed if that area is open. Salmon may be landed in an
area that is closed only if they meet the minimum size or other special
requirements for the area in which they were caught.
C.2.Gear Restrictions: All persons fishing for salmon, and all
persons fishing from a boat with salmon on board must meet the gear
restrictions listed below for specific areas or seasons.
a. U.S.--Canada Border to Pt. Conception, California: No more than
one rod may be used per angler and

[[Page 23192]]

single point, single shank, barbless hooks are required for all fishing
gear. (Note: ODFW regulations in the state-water fishery off Tillamook
Bay may allow the use of barbed hooks to be consistent with inside
regulations.)

b. Off Oregon between Cape Falcon and Humbug Mt.:

April 1-30: Anglers are limited to artificial lures and plugs of
any size, or bait no less than 6 inches (15.2 cm) long (excluding hooks
and swivels). All gear must have no more than 2 single point, single
shank, barbless hooks. Divers are prohibited and flashers may be used
only with downriggers.
May 1 through October 31: No special gear restrictions other than
anglers must use no more than 2 single point, single shank, barbless
hooks.
c. Off California North of Pt. Conception: Anglers must use no more
than 2 single point, single shank, barbless hooks.
d. Off California between Horse Mt. and Pt. Conception: Off
California between Horse Mt. and Pt. Conception: Single point, single
shank, barbless circle hooks (see circle hook definition below) must be
used if angling with bait by any means other than trolling and no more
than 2 such hooks shall be used. When angling with 2 hooks, the
distance between the hooks must not exceed 5 inches (12.7 cm) when
measured from the top of the eye of the top hook to the inner base of
the curve of the lower hook, and both hooks must be permanently tied in
place (hard tied). Circle hooks are not required when artificial lures
are used without bait.
Circle hook defined: A hook with a generally circular shape and a
point which turns inward, pointing directly to the shank at a 90 deg.
angle.
Trolling defined: Angling from a boat or floating device that is
making way by means of a source of power, other than drifting by means
of the prevailing water current or weather conditions.

C.3.Control Zone Definitions:

a. Columbia Control Zone--An area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between red
lighted Buoy #4 (46 deg.13' 35" N. Lat., 124 deg.06' 50" W. long.) and
green lighted Buoy #7 (46 deg.15' 09" N. lat., 124 deg.06' 16" W.
long.); on the east, by the Buoy #10 line which bears north/south at
357 true from the south jetty at 46 deg.14' 00" N. lat., 124 deg.03'07"
West. long. to its intersection with the north jetty; on the north, by
a line running northeast/southwest between green lighted Buoy #7 to the
tip of the north jetty (46 deg.14' 48" N. lat., 124 deg.05' 20" W.
long.) and then along the north jetty to the point of intersection with
the Buoy #10 line; and, on the south, by a line running northeast/
southwest between red lighted Buoy #4 and tip of the south jetty
(46 deg.14' 03" N. lat., 124 deg.04' 05" W. long.), and then along the
south jetty to the point of intersection with the Buoy 10
line.
b. Klamath Control Zone--The ocean area at the Klamath River mouth
bounded on the north by 41 deg.38' 48" N. lat. (approximately 6 nm
(11.1 km) north of the Klamath River mouth); on the west, by
124 deg.23' 00" W. long. (approximately 12 nm (22.2 km) off shore);
and, on the south, by 41 deg.26' 48" N. lat. (approximately 6 nautical
miles (11.1 km) south of the Klamath River mouth).
C.4. Inseason Management: Regulatory modifications may be necessary
inseason to meet preseason management objectives such as quotas,
harvest guidelines and season duration. Actions could include
modifications to bag limits or days open to fishing, and extensions or
reductions in areas open to fishing. NMFS may transfer coho inseason
among recreational subareas north of Cape Falcon to help meet the
recreational season duration objectives (for each subarea) after
conferring with representatives of the affected ports and the Salmon
Advisory Subpanel recreational representatives north of Cape Falcon. At
the November, 2001 meeting, the Council will consider recommendation to
open seasons for all salmon except coho prior to April 13, 2002, in
areas off California between Pt. Arena and the U.S.-Mexico border. At
the March, 2002 meeting, the Council will consider an inseason
recommendation to open seasons for all salmon except coho prior to May
1, 2002, in areas off Oregon.
C.5. Additional Seasons in State Territorial Waters: Consistent
with Council management objectives, the States of Washington and Oregon
may establish limited seasons in state waters. Oregon state-water
fisheries are limited to chinook salmon. Check state regulations for
details.

Section 3. Treaty Indian Management Measures for 2001 Ocean Salmon
Fisheries

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

A. Season Descriptions

----------------------------------------------------------------------------------------------------------------
Minimum Size
Salmon (inches) Special
Tribe and Area Boundaries Open Seasons Species ----------------- Restrictions by
Chinook Coho Area
----------------------------------------------------------------------------------------------------------------
MAKAH--Washington State May 1 through earlier of All except 24 Barbless hooks No
Statistical Area 4B and that June 30 or chinook quota. coho more than 8 fixed
portion of the FMA north of 48 lines per boat or
deg.02'15" N. lat. (Norwegian no more than 4
Memorial) and east of 125 hand-held lines
deg.44' 00" W. long. per person
July 1 through earliest of All 24 16
September 15 or chinook or
coho quota.
QUILEUTE--That portion of the May 1 through earlier of All except 24 Barbless hooks. No
FMA between 48 deg.07' 36" N. June 30 or chinook quota. coho more than 8 fixed
lat. (Sand Point) and 47 lines per boat.
deg.31' 42" N. lat. (Queets
River) and east of 125 deg.44'
00" W. long.

[[Page 23193]]

July 1 through earliest of All 24 16
September 15 or chinook or
coho quota.
HOH--That portion of the FMA May 1 through earlier of All except 24 Barbless hooks. No
between 47 deg.54'18" N. lat. June 30 or chinook quota. coho more than 8 fixed
(Quillayute River) and 47 lines per boat.
deg.21'00" N. lat. (Quinault
River) and east of 125
deg.44'00" W. long.
July 1 through earliest of All 24 16
September 15 or chinook or
coho quota.
QUINAULT--That portion of the May 1 through earlier of All except 24 Barbless hooks No
FMA between 47 deg.40'06" N. June 30 or chinook quota. coho more than 8 fixed
lat. (Destruction Island) and lines per boat.
46 deg.53'18" N. lat. (Point
Chehalis) and east of 125
deg.44'00" W. long
August 1 through earliest of All 24 16
September 15 or chinook or
coho quota.
----------------------------------------------------------------------------------------------------------------
* Metric equivalents: 24 in=61.0 cm, 16 in=40.6 cm.

B. Special Requirements, Restrictions, and Exceptions

B.1. All boundaries may be changed to include such other areas as
may hereafter be authorized by a Federal court for that tribe's treaty
fishery.
B.2. Applicable lengths for dressed, head-off salmon, are 18 in
(45.7 cm) for chinook and 12 in (30.5 cm) for coho. Minimum size and
retention limits for ceremonial and subsistence harvest are as follows:
Makah Tribe-- None
Quileute, Hoh and Quinault tribes--Not more than 2 chinook longer
than 24 in (61.0 cm) in total length may be retained per day. Chinook
less than 24 in (61.0 cm) total length may be retained.
B.3. The area within a 6-mile (9.7 km) radius of the mouths of the
Queets River (47 deg.31'42" N. lat.) and the Hoh River (47 deg.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 deg.21'00" N. lat.) may
be enacted by the Quinault Nation and/or the State of Washington and
will not adversely affect the Secretary of Commerce's management
regime.

C. Quotas

C.1. The overall treaty troll ocean quotas are 37,000 chinook and
90,000 coho. The overall chinook quota is divided into 18,500 chinook
for the May/June chinook-directed fishery and 18,500 chinook for the
July through September all-salmon season. If the chinook quota for the
May/June fishery is not fully utilized, the excess fish cannot be
transferred into the later all-salmon season. The quotas include troll
catches by the S'Klallam and Makah tribes in Washington State
Statistical Area 4B from May 1 through September 30.

Section 4. Halibut Retention

Under the authority of the Northern Pacific Halibut Act, NMFS
promulgated regulations governing the Pacific halibut fishery which
appear at 50 CFR part 300, subpart E. In addition, the 2001 Pacific
halibut management measures were published in the Federal Register on
March 21, 2001 (66 FR 15801). The regulations and management measures
provide that vessels participating in the salmon troll fishery in Area
2A (all waters off the States of Washington, Oregon, and California),
which have obtained the appropriate International Pacific Halibut
Commission (IPHC) license, may retain halibut caught incidentally
during authorized periods in conformance with provisions published with
the annual salmon management measures. A salmon troller may participate
in the halibut incidental catch fishery during the salmon troll season
or in the directed commercial fishery targeting halibut, but not both.
The following measures have been approved by IPHC, and implemented
by NMFS. The operator of a vessel who has been issued an incidental
halibut harvest license by the IPHC may retain Pacific halibut caught
incidentally in Area 2A, during authorized periods, while trolling for
salmon. Incidental harvest is authorized only during the May and June
troll seasons. It is also authorized after June 30 if halibut quota
remains and if halibut retention is announced on the NMFS hotline
(phone 800-622-9825). License holders may land no more than 1 halibut
per each 3 chinook, except 1 halibut may be landed without meeting the
ratio requirement, and no more than 35 halibut may be landed per trip.
Halibut retained must meet the minimum size limit of 32 in (81.3 cm).
The ODFW and WDFW will monitor landings and, if they are projected to
exceed the 34,046-lb (15.5-mt) preseason allocation or the Area 2A non-
Indian commercial total allowable catch of halibut, NMFS will take
inseason action to close the incidental halibut fishery. License
applications for incidental harvest must be obtained from the IPHC.
Applicants must apply prior to April 1 of each year.

Section 5. Gear Definitions and Restrictions

In addition to the gear restrictions shown in Section 1, 2, and 3,
the following gear definitions and restrictions are applicable:
Commercial Troll Fishing Gear: Troll fishing gear for the ocean
salmon fisheries in the EEZ off Washington, Oregon, and California is
defined as one or more lines that drag hooks behind a moving fishing
vessel. In that portion of the fishery management area (FMA) off Oregon
and Washington, the line or lines must be affixed to the vessel and
must not be intentionally disengaged from the vessel at any time during
the fishing operation.
Recreational Fishing Gear: Recreational fishing gear for the FMA is
defined as angling tackle consisting of a line with no more than one
artificial lure or natural bait attached. In that portion of the FMA
off Oregon and Washington, the line must be attached to a rod and reel
held by hand or closely attended; the rod and reel must be held

[[Page 23194]]

by hand while playing a hooked fish. No person may use more than one
rod and line while fishing off Oregon or Washington. In that portion of
the FMA off California, the line must be attached to a rod and reel
held by hand or closely attended. Weights directly attached to a line
may not exceed 4 lb (1.8 kg). While fishing off California north of
Point Conception, no person fishing for salmon and no person fishing
from a boat with salmon on board may use more than one rod and line.
Fishing includes any activity that can reasonably be expected to result
in the catching, taking, or harvesting of fish.

Section 6. Geographical Landmarks

Wherever the words ``nautical miles off shore'' are used in this
document, the distance is measured from the baseline from which the
territorial sea is measured.
Geographical landmarks referenced in this document are at the
following locations:

Cape Flattery.............................. 48 deg.23'00" N. lat.
Cape Alava................................. 48 deg.10'00" N. lat.
Queets River............................... 47 deg.31'42" N. lat.
Leadbetter Point........................... 46 deg.38'10" N. lat.
Cape Falcon................................ 45 deg.46'00" N. lat.
Florence South Jetty....................... 44 deg.00'54" N. lat.
Humbug Mountain............................ 42 deg.40'30" N. lat.
Mack Arch.................................. 42 deg.13'40" N. lat.
House Rock................................. 42 deg.06'32" N. lat.
Oregon-California Border................... 42 deg.00'00" N. lat.
Humboldt South Jetty....................... 40 deg.45'53" N. lat.
Horse Mountain............................. 40 deg.05'00" N. lat.
Point Arena................................ 38 deg.57'30" N. lat.
Point Reyes................................ 37 deg.59'44" N. lat.
Point San Pedro............................ 37 deg.35'40" N. lat.
Pigeon Point............................... 37 deg.11'00" N. lat.
Point Sur.................................. 36 deg.18'00" N. lat.
Point Conception........................... 34 deg.27'00" N. lat

Section 7. Inseason Notice Procedures

Actual notice of inseason management actions will be provided by a
telephone hotline administered by the Northwest Region, NMFS, 206-526-
6667 or 800-662-9825, and by U.S. Coast Guard Notice to Mariners
broadcasts. These broadcasts are announced on Channel 16 VHF-FM and
2182 KHz at frequent intervals. The announcements designate the channel
or frequency over which the Notice to Mariners will be immediately
broadcast. Inseason actions will also be filed with the Federal
Register as soon as practicable. Since provisions of these management
measures may be altered by inseason actions, fishermen should monitor
either the telephone hotline or Coast Guard broadcasts for current
information for the area in which they are fishing.

Classification

This notification of annual management measures is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior
notice and opportunity for public comment. As described earlier
(Schedule Used to Establish 2001 Management Measures), the Council
solicited public comment on these measures and has notified the public
of the measures it recommended for implementation. Providing additional
opportunity for prior notice and public comments on these measures
through a rulemaking process would be impracticable and contrary to the
public interest. Given the extremely low returns of many ocean salmon
stocks listed under the ESA, the need to prevent overfishing, and the
need to facilitate a level of escapement to meet the requirements of
the resource and inside fisheries, it is essential to have these
measures effective at the beginning of the fishing year. Failure to
implement these measures immediately could compromise the status of
certain stocks and negatively impact international, state, and tribal
salmon fisheries, thereby undermining the purposes of this agency
action.
For the reasons discussed earlier, the AA has determined that good
cause exists to waive the requirements of 50 CFR 660.411 for prior
notice and opportunity for public comments. Section 660.411 of title
50, Code of Federal Regulations, requires NMFS to publish an action
implementing management measures for ocean salmon fisheries each year
and, if time allows, invite public comment prior to the effective date.
Section 660.411 further states that if, for good cause, an action must
be filed without affording a prior opportunity for public comment, the
measures will become effective; however, public comments on the action
will be received for a period of 15 days after filing of the action
with the Office of the Federal Register. NMFS will receive public
comments on this action for 15 days from the date of filing this action
for public inspection with the Office of the Federal Register.
The AA also finds that good cause exists under 5 U.S.C. 553(d)(3),
to waive the 30-day delay in effectiveness of this rule. The finding of
good cause is based upon the public's interest in having these
provisions in place as early as possible in the ocean salmon fishing
year. As previously discussed, these measures are essential to conserve
threatened and endangered ocean salmon stocks, and to provide for
harvest of more abundant stocks. The finding of good cause to waive the
30-day delay in effectiveness is also based on the limited time
available to implement these new measures after the final Council
meeting in April and before the commencement of the ocean salmon
fishing year on May 1.
To enhance notification of the fishing industry of these new
measures, NMFS is announcing the new measures over the telephone
hotline used for inseason management actions and by U.S. Coast Guard
Notice to Mariners Broadcast. NMFS is also advising the States of
Washington, Oregon, and California on the new management measures.
These states announce the seasons for applicable state and Federal
fisheries through their own public notification systems.

[[Page 23195]]

This action contains collection-of-information requirements subject
to the PRA, and which have been approved by OMB under control number
0648-0433. The public reporting burden for providing notifications if
landing area restrictions cannot be met, or to obtain temporary mooring
in Brookings, OR, is estimated to average 15 minutes per response. This
estimate include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this burden estimate, or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS and
OMB (see ADDRESSES).
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection of information displays a currently valid OMB control
number.
Since 1989, NMFS has listed 16 ESUs of salmon on the West Coast. As
the listings have occurred, NMFS has conducted formal ESA section 7
consultations (Table 1) and issued biological opinions (BOs) that
consider the impacts to listed salmonid species resulting from proposed
implementation of the salmon FMP, or in some cases, from proposed
implementation of the annual management measures.

Table 1. NMFS' biological opinions on ocean fisheries implemented under
the salmon FMP and duration of the proposed action covered by each
opinion.
------------------------------------------------------------------------
ESU covered and effective
Date period
------------------------------------------------------------------------
March 8, 1996 Snake River chinook and sockeye
(until reinitiated),
Sacramento River winter
chinook (6 years)
February 18, 1997 Sacramento River winter chinook
(5 years)
April 28, 1999 Oregon coastal coho, S. Oregon/
N. California coastal coho,
Central California coastal
coho (until reinitiated)
April 28, 2000 Central Valley spring chinook
and California coastal chinook
(until reinitiated)
April 30, 2001 Upper Columbia River spring
chinook, Upper Willamette
River chinook, Lower Columbia
River chinook, Puget Sound
chinook (until reinitiated)
------------------------------------------------------------------------

Based on these BOs, NMFS concludes that these management measures
are not likely to jeopardize the continued existence of any ESU of
salmon that is listed under the ESA. The Council's recommended
management measures comply with the terms and conditions of the
incidental take statements in all applicable BOs related to listed
salmon species that may be affected by Council fisheries.

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

Dated: May 2, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 01-11444 Filed 5-2-01; 4:25 pm]
BILLING CODE 3510-22-S

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2001 Management Measures

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