Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2002 Management Measures

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

[Federal Register: May 7, 2002 (Volume 67, Number 88)]
[Rules and Regulations]
[Page 30616-30627]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my02-22]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 020430101-2101-01; I.D. 042902A]
RIN 0648-AP52

Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; 2002 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 2002
ocean salmon fisheries off Washington, Oregon, and California, and the
2003 salmon seasons opening earlier than May 1, 2003. Specific fishery
management measures vary by fishery and by area. The measures establish
fishing areas, seasons, quotas, legal gear, recreational fishing days
and catch limits, possession and landing restrictions, and minimum
lengths for salmon taken in the U.S. exclusive economic zone (EEZ)(3-
200 nm) off Washington, Oregon, and California. The management measures
are intended to prevent overfishing and to apportion the ocean harvest
equitably among treaty Indian, non-treaty commercial,

[[Page 30617]]

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 1, 2002,
until the effective date of the 2003 management measures, as published
in the Federal Register. Comments must be received by May 22, 2002.

ADDRESSES: Comments on the management measures and the related
environmental assessment (EA) may be sent to D. Robert Lohn, Regional
Administrator, Northwest Region, NMFS, 7600 Sand Point Way N.E.,
Seattle, WA 98115-0070, fax: 206-526-6376; or to Rod McInnis, Acting
Regional Administrator, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213, fax: 562-980-4018.
Comments 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, 7700 NE Ambassador Place, Suite 200,
Portland, OR 97220-1384.
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), Washington, DC 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 2002 and pre-May 2003 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 8 to 12, 2002, meeting.

Schedule Used To Establish 2002 Management Measures

The Council announced its annual preseason management process for
the 2002 ocean salmon fisheries in the Federal Register on January 9,
2002 (67 FR 1186). This document announced the availability of Council
documents as well as the dates and locations of Council meetings and
public hearings comprising the Council's complete schedule of events
for determining the annual proposed and final modifications to ocean
salmon fishery management measures. The agendas for the March and April
Council meetings were published in subsequent Federal Register
documents prior to the actual meetings.
In accordance with the Salmon FMP, the Council's Salmon Technical
Team (STT) and staff economist prepared a series of reports for the
Council, its advisors, and the public. The first of the reports was
prepared in February when the necessary scientific information first
became available. The first report, ``Review of 2001 Ocean Salmon
Fisheries'' (REVIEW), summarizes biological and socio-economic data for
the 2001 ocean salmon fisheries and assesses how well the Council's
2001 management objectives were met. The second report, ``Preseason
Report I Stock Abundance Analysis for 2002 Ocean Salmon Fisheries''
(PRE I), provides the 2002 salmon stock abundance projections and
analyzes the impacts on the stocks and Council management goals if the
2001 regulations and regulatory procedures were applied to the
projected 2002 stock abundances. For coho salmon there was an
insufficient abundance of marked (adipose fin clipped) hatchery coho
forecast for 2002; therefore, the 2000 regulations were used to model
projected impacts. The completion of Preseason Report I is the initial
step in the evaluating the full suite of preseason options.
The Council met in Sacramento, CA from March 11 to 15, 2002, to
develop 2002 management options for proposal to the public. The Council
proposed three options of commercial and recreational fisheries
management for analysis and public comment. These options consisted of
various combinations of management measures designed to protect weak
stocks of coho and chinook salmon and to provide for ocean harvests of
more abundant stocks. After the March Council meeting, the Council's
STT and staff economist prepared a third report, ``Preseason Report II
Analysis of Proposed Regulatory Options for 2002 Ocean Salmon
Fisheries,'' which analyzes the effects of the proposed 2002 management
options. This report was made available to the Council, its advisors,
and the public.
Public hearings to receive testimony on the proposed options were
held on: April 1, 2002, in Westport, WA and Coos Bay, OR; April 2,
2002, in Tillamook, OR and Eureka, CA; and April 3, 2002, 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 from April 8 to 12, 2002, in Portland, OR to adopt
its final 2002 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 2002 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. 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 (consultation standards) that would avoid the
likelihood of jeopardizing the continued existence of the ESU under
consideration. In a March 8, 2002, letter to the Council, NMFS provided
the Council with ESA consultation standards and guidance for the
management of stocks listed under the ESA in anticipation of the BO in

[[Page 30618]]

preparation for the 2002 management season for Sacramento River winter
chinook.
Estimates of the 2001 spawning escapements for key stocks managed
under the Salmon FMP and preseason estimates of 2002 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 (61 FR 56138, October 31, 1996; 62 FR 43937 August 18,
1997; and 63 FR 42587, August 10, 1998, respectively). 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 marine survival and parent spawner status. 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 2002 ocean abundance estimate for OCN is 71,800 coho,
which is 143 percent of the 2001 preseason prediction of 50,100 coho,
and 44 percent of the post-season estimate of 163,200 coho (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 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). The Council, at its March
2002 meeting, initiated the FMP amendment process to develop recovery
and long term conservation objectives for Sacramento River winter
chinook and Central Valley spring chinook. The amendment is on a
schedule for completion by November 2003. NMFS has issued a 2-year
biological opinion to accommodate the amendment process. The ESA
consultation standard for the 2002 seasons requires that the duration
and timing of commercial and recreational seasons south of Point Arena,
California, not change substantially relative to the 2000 and 2001
seasons. Spawning populations of Sacramento River winter chinook have
consistently increased since 1994; the spawner abundance in 2001 was
estimated to be 7,200 fish.
California Central Valley spring chinook is listed as a threatened
species under the ESA (64 FR 50394, September 16, 1999). Since 1994,
the spawning populations of Central Valley spring chinook returning to
Deer, Mill, and Butte creeks have increased, with relatively strong
returns to Butte Creek. The combined escapement of the three
populations in 2001 was 12,300 fish.
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 0.16, 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.
Snake River wild fall chinook is listed under the ESA as a
threatened species (57 FR 14653, April 22, 1992). Direct 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 as an indicator. 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 third year that NMFS provided guidance to the Council
related to the Puget Sound chinook ESU (64 FR 14308, March 24, 1999).
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.
Because these management objectives and the management planning
structure address fisheries wherever they exist, Council and Puget
Sound fisheries are interconnected. 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 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'' for Puget Sound chinook, and the ``Summer Chum Salmon
Conservation Initiative--An Implementation Plan to Recover Summer Chum
in the Hood Canal and Strait of Juan de Fuca Region'' for Hood Canal
summer chum, under ESA 4(d) rule (65 FR 42422, July 10, 2000) (the
RMPs). The RMPs, jointly developed by the Washington Department of Fish
and Wildlife and the Puget Sound Treaty Tribes, include stock-specific
harvest management objectives for Puget Sound chinook and Hood Canal
summer chum. NMFS has determined that the RMPs are consistent with the
ESA 4(d) rule, and that the 2002 ocean and inside fisheries are
consistent with the RMPs and associated biological opinion. For the
2002 fisheries the Hood Canal summer chum RMP requires non-retention of
chum north of Cape Alava during August and September.

[[Page 30619]]

Management Measures for 2002 Fisheries

The Council recommended ocean harvest levels and management
measures for 2002 fisheries are designed to apportion the burden of
protecting the weak stocks identified and discussed in PRE I equitably
among ocean fisheries and to allow maximum harvest of natural and
hatchery runs surplus to inside fishery and spawning needs. NMFS finds
the Council's recommendations responsive to the goals of the Salmon
FMP, the requirements of the resource, and the 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 issue before the Council in the development of the
2002 management measures for the west coast ocean salmon fisheries was
achieving an ocean exploitation rate on OCN coho that would meet the
State of Oregon's management objective for ocean harvest of lower
Columbia River wild coho. Lower Columbia River coho are not federally
listed, however they are listed as an endangered species by the State
of Oregon. To protect lower Columbia River coho, Oregon recommended to
the Council an ocean exploitation rate on OCN of 10.5-12.5 percent. No
ocean exploitation rate estimate is available for lower Columbia River
coho, and OCN were used as the best available surrogate. The ESA and
Salmon FMP objective for OCN is less than or equal to 15 percent. The
reduced abundance of coho, particularly the hatchery stocks, also
constrained access to the strong Columbia River chinook runs.
The Oregon Production Index of Oregon coastal and Columbia River
hatchery coho stocks is forecast to be only 300,000 fish for 2002,
compared to 1.7 million fish in 2001. At the same time, the OCN
population is forecast to improve to 71,800 fish, up from the 50,100
coho forecast in 2001. This combination of OCN and hatchery coho
abundances required significant constraints on ocean fisheries in order
to meet Oregon's OCN management objective for lower Columbia River wild
coho. The North of Falcon coho quota in 2002 is only about 47 percent
of the 2001 quota.
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, No. C70-9213 (W.D.
Wash.); U.S. v. Oregon, Civil No. 68-513 (D.Or.); and Hoh Indian Tribe
v. Baldrige 522 F. Supp. 683 (1981).
North of Cape Falcon, OR, the 2002 management measures have
substantially higher chinook quotas but much lower coho quotas relative
to the 2001 season. The total allowable catch for 2002 is 150,000
chinook and 140,000 coho; these fisheries are restricted to protect
depressed lower Columbia River wild coho, 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. North of
Cape Alava there is a new provision requiring non-retention of chum
during August and September.
South of Cape Falcon, OR, the retention of coho is prohibited,
except for a recreational selective fishery off Oregon with a 22,500-
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. The Council's recommendations were
below the 15-percent exploitation rate permitted under Amendment 13 to
protect listed OCN coho stocks, with an expected 12.3-percent OCN coho
exploitation rate and a 7.5-percent marine exploitation rate for Rogue/
Klamath coho.

Treaty Indian Fisheries

The treaty-Indian commercial troll fishery quota is 60,000 chinook
in ocean management areas and Area 4B combined, a significant increase
from 2001. The fisheries include a chinook-directed fishery in May and
June (under a quota of 30,000 chinook) and an all-salmon season
beginning in July with a 30,000 chinook sub-quota. The coho quota for
the treaty-Indian troll fishery in ocean management areas, including
Washington State Statistical Area 4B for the July-September period is
60,000 coho, a decrease from 2001.

Management Measures for 2003 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 2003 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 2003 as indicated in the season description section. At the November
2002 meeting, the Council may consider inseason recommendations to
adjust commercial and recreational seasons for all salmon except coho
prior to May 1 in areas off Oregon south of Cape Falcon. At the March
2003 meeting, the Council may consider inseason recommendations to open
commercial seasons for all salmon except coho prior to May 1 in areas
off Washington and Oregon north of Cape Falcon.

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 2002 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 2002 and, as
specified, for 2003.

Section 1. Commercial Management Measures for 2002 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 50,000 chinook quota. All
salmon except coho (C.6). See gear restrictions (C.2.a). Cape Flattery
and Columbia Control Zones closed (C.4.a, C.4.b). Vessels must land and
deliver their fish within the area, in adjacent areas closed to
commercial non-Indian salmon fishing, or in areas south of Cape Falcon,
and within 24 hours of any

[[Page 30620]]

closure of this fishery; State regulations require that fishers fishing
within this area and intending to land salmon south of Cape Falcon
notify Oregon Department of Fish and Wildlife (ODFW) before they leave
the area at the following phone number (541) 867-0300, Ext. 252.
Inseason actions may modify quotas or harvest guidelines in later
fisheries to achieve or prevent exceeding the overall allowable troll
harvest impacts (C.7.a).
Except as provided below during the selective fishery, the season
will be: July 1 through earlier of September 8 or 32,500 chinook quota
(C.7.a). All salmon except coho, and no chum retention north of Cape
Alava during August and September. Gear restricted to plugs 6 inches
(15.2 cm) or longer between U.S.-Canada Border to Leadbetter Point
(C.2.b). Cape Flattery and Columbia Control Zones closed (C.4.a,
C.4.b). Vessels must land and deliver their fish within the area, in
adjacent areas closed to commercial non-Indian salmon fishing, or in
areas south of Cape Falcon, and within 24 hours of any closure of this
fishery. No more than four spreads per line between Cape Falcon and
Leadbetter Point (C.2.c). Trip limits, gear restrictions, and
guidelines may be implemented or adjusted inseason (C.7.a).

Selective Fishery for Adipose Fin Clipped Coho

Leadbetter Point to Cape Falcon: All salmon August 1 through
earlier of September 8 or subarea quota of 5,000 adipose fin clipped
coho (all retained coho must have a healed adipose fin clip). Fishery
will remain open for all salmon except coho after the marked hatchery
coho quota is reached, provided adequate chinook impacts remain on the
32,500 chinook quota. Washington state regulations require fishers
fishing within this subarea to land coho south of Leadbetter Point.
Oregon state regulations require that fishers fishing within this
subarea and intending to land chinook or coho south of this subarea
notify ODFW before they leave the subarea at the following phone number
(541) 867-0300 Ext. 252. Trip limits, gear restrictions, and guidelines
may be implemented or adjusted inseason.
South of Cape Falcon

Cape Falcon to Florence South Jetty

March 20 through July 15; August 1 through August 29; and September
1 through October 31. All salmon except coho. See gear restrictions
(C.2.a, C.2.d) and Oregon State regulations for a description of the
closed area at the mouth of Tillamook Bay.
In 2003 the season will open March 15 for all salmon except coho.
This opening could be modified following Council review at its November
2002 meeting.

Florence South Jetty to Humbug Mountain

March 20 through June 30; July 17 through August 29; and September
1 through October 31. All salmon except coho. See gear restrictions
(C.2.a, C.2.d).
In 2003 the season will open March 15 for all salmon except coho.
This opening could be modified following Council review at its November
2002 meeting.

Humbug Mountain to Oregon-California Border

March 20 through May 31. All salmon except coho. See gear
restrictions (C.2.a, C.2.d).
June 1 through earlier of June 30 or 3,000 chinook quota; July 1
through earlier of July 31 or 1,500 chinook quota; August 1 through
earlier of August 29 or 3,000 chinook quota; and September 1 through
earlier of September 30 or 2,000 chinook quota. No transfer of
remaining quota from earlier fisheries allowed. All salmon except coho.
Possession and landing limit of 50 fish per trip. See gear restrictions
(C.2.a, C.2.d). All salmon must be landed and delivered to Gold Beach,
Port Orford, or Brookings, and within 24 hours of closure.
In 2003 the season will open March 15 for all salmon except coho.
This opening could be modified following Council review at its November
2002 meeting.

Oregon-California Border to Humboldt South Jetty

August 16 through the earlier of August 30 or 3,000 chinook quota
and September 1 through earlier of September 30 or 10,000 chinook
quota. All salmon except coho. Possession and landing limit of 40 fish
per day. See gear restrictions (C.2.a, C.2.e). All fish must be landed
within the area and within 24 hours of any closure of the fishery. When
the fishery is closed between the OR-CA border and Humbug Mountain and
open to the south, 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. Klamath Control Zone closed (C.4.c).

Horse Mountain to Point Arena (Fort Bragg)

July 20 through earlier of July 30 or 10,000 chinook quota; August
1 through August 30; and September 1 through September 30. All salmon
except coho. All fish caught in this area in July and August must be
landed within the area. All fish caught in this area must be landed
within 24 hours of any closure of the fishery. See gear restrictions
(C.2.a, C.2.e).

Point Arena to Pigeon Point (San Francisco)

May 1 through September 30. All salmon except coho. Minimum size
limit 26 inches (66.0 cm) total length. See gear restrictions (C.2.a,
C.2.e).

Point Reyes to Point San Pedro (Fall Area Target Zone)

October 1 through October 18, Monday through Friday. All salmon
except coho. Minimum size limit 26 inches (66.0 cm) total length. See
gear restrictions (C.2.a, C.2.e).

Pigeon Point to U.S.-Mexico Border

May 1 through September 30. All salmon except coho. Minimum size
limit 26 inches (66.0 cm) total length. See gear restrictions (C.2.a,
C.2.e).

B. Minimum Size
[Inches]
----------------------------------------------------------------------------------------------------------------
Chinook Coho
----------------------------------------------------
Area (when open) Total Total Pink
length Head-off length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon................... 28.0 21.5 16.0 12.0 None.

[[Page 30621]]

South of Cape Falcon................... \a\ 26.0 \a\ 19.5 ........... ........... None.
----------------------------------------------------------------------------------------------------------------
\a\ Chinook not less than 26 inches (19.5 inches 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.
Metric equivalents: 28.0 in=71.1 cm, 26.0 in=66.0 cm, 21.5 in=54.6 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. U.S.-Canada Border to Leadbetter Point, July 1 to September 8:
Gear restricted to plugs with a one piece body that is at least six
inches long, not including hooks or attachments.
c. Leadbetter Point to Cape Falcon, July 1 to September 8: No more
than 4 spreads are allowed per line.
Spread defined: A single leader connected to an individual lure or
bait.
d. Off Oregon South of Cape Falcon: No more than 4 spreads are
allowed per line.
e. 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 fishing for a certain species of
salmon, while possessing that species of salmon; however, fishing for
species other than salmon is not prohibited if the area is open for
such species and no salmon are in possession.
C.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 the
red lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.)
and the 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 the green
lighted Buoy #7 to the tip of the north jetty (46 deg.15'48" N. lat.,
124 deg.05'20" W. long.) and then along the north jetty to the point of
intersection with the Buoy #10 line; and, on the south, by a line
running northeast/southwest between the red lighted Buoy #4 and tip of
the south jetty (46 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 nautical
miles (11.1 km) north of the Klamath River mouth); on the west, by
124 deg.23'00" W. long. (approximately 12 nautical miles (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.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. Halibut retained must be no less than 32 inches
(81.3 cm) in total length (with head on). License applications for
incidental harvest must be obtained from the International Pacific
Halibut Commission (phone 206-634-1838). Applicants must apply prior to
April 1 of each year. Incidental harvest is authorized only during May
and June troll seasons and after June 30 if quota remains and if
announced on the NMFS hotline (phone 800-662-9825). ODFW and Washington
Department of Fish and Wildlife (WDFW) will monitor landings. If the
landings are projected to exceed the 39,300-lb. (17.8-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.
C.7. Inseason Management: In addition to standard inseason actions
or modifications already noted under the season description, the
following inseason guidance is provided to NMFS:
a. In the overall non-Indian commercial chinook quota north of Cape
Falcon, 20,000 chinook from the May/June harvest quota are the result
of impacts assessed at the July-September harvest impact rate.
Inseason, these 20,000 chinook (or remaining portion thereof) may be
transferred to the July-September harvest guideline at a one-to-one
rate if not caught in the May/June fishery. Any chinook remaining in
the May/June harvest guideline in excess of 20,000 may be transferred
to the July-September harvest guideline on a fishery impact equivalent
basis.
b. At the March 2003 meeting, the Council will consider inseason

[[Page 30622]]

recommendations to open commercial seasons for all salmon except coho
prior to May 1 in areas off Oregon and Washington north of Cape Falcon.
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 CDFG 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.

Section 2. Recreational Management Measures for 2002 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 25 through earlier of June 16 or 20,000 chinook quota (7 days
per week) (C.4.). Chinook salmon only; 2 fish per day. See gear
restrictions (C.2.a). Columbia Control Zone closed (C.3.a).

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

July 7 through earlier of September 8 or 11,780 coho subarea quota,
7 days per week. All salmon, except no chum retention during August and
September; 2 fish per day and all retained coho must have a healed
adipose fin clip. Chinook non-retention east of the Bonilla-Tatoosh
line during the Council managed recreational ocean fishery in July
through September. The Bonilla-Tatoosh Line is defined as a line
running from the western end of Cape Flattery to Tatoosh Island
Lighthouse (48 deg.23'30" N. lat., 124 deg.44'12" W. long.) to the buoy
adjacent to Duntze Rock (48 deg.28'00" N. lat., 124 deg.45'00" W.
long.), then in a straight line to Bonilla Point (48 deg.35'30" N.
lat., 124 deg.43'00" W. long.) on Vancouver Island, BC. Inseason
management may be used to sustain season length and keep harvest within
a guideline of 2,600 chinook (C.4).

Cape Alava to Queets River (La Push Area)

July 7 through earlier of September 8 or 2,770 coho subarea quota;
September 21 through earlier of October 6 or overall subarea quota of
100 coho and 100 chinook; 7 days per week. All salmon; 2 fish per day
and all retained coho must have a healed adipose fin clip. See gear
restrictions (C.2.a). Inseason management may be used to sustain season
length and keep harvest within a guideline of 1,600 chinook (C.4).

Queets River to Leadbetter Point (Westport Area)

June 30 through earlier of September 8 or 39,280 coho subarea
quota. Sunday through Thursday prior to August 16, 7 days per week
thereafter. All salmon. 2 fish per day and all retained coho must have
a healed adipose fin clip. See gear restrictions (C.2.a). Inseason
management may be used to sustain season length and keep harvest within
a guideline of 32,000 chinook (C.4).

Leadbetter Point to Cape Falcon (Columbia River Area)

July 7 through earlier of September 30 or 55,700 coho subarea
quota. Sunday through Thursday prior to August 16, 7 days per week
beginning August 16. All salmon. Two fish per day and all retained coho
must have a healed adipose fin clip. Closed between Cape Falcon and
Tillamook Head beginning August 1. Columbia Control Zone closed
(C.3.a). See gear restrictions (C.2.a). Inseason management may be used
to sustain season length and keep harvest within a guideline of 11,200
chinook (C.4).
South of Cape Falcon

Cape Falcon to Humbug Mountain

Except as provided below during the selective fishery, the season
will be April 1 through October 31. All salmon except coho; 2 fish per
day. See gear restrictions (C.2.a, C.2.b). See Oregon State regulations
for a description of a closure at the mouth of Tillamook Bay.
In 2003 the season will open March 15 for all salmon except coho.
Two fish per day. Same gear restrictions as in 2002. This opening could
be modified following Council review at its November 2002 meeting.
Selective fishery for marked coho: July 7 through earlier of August
4 or a landed catch of 22,500 coho; 7 days per week. All salmon; 2 fish
per day, all retained coho must have a healed adipose fin clip. See
gear restrictions (C.2.a, C.2.b). Open days may be adjusted to utilize
the available quota. All salmon except coho season reopens the earlier
of August 5 or attainment of the coho quota.

Humbug Mountain to Horse Mountain (Klamath Management Zone)

May 15 through June 30; July 3 and 4; and August 1 through
September 15. All salmon except coho; 2 fish per day; no more than 6
fish in 7 consecutive days. See gear restrictions (C.2.a, C.2.b).
Klamath Control Zone closed in August (C.3.b).

Horse Mountain to Point Arena (Fort Bragg)

February 16 through July 7 and July 20 through November 17. All
salmon except coho; 2 fish per day. Minimum size 24 inches (61.0 cm)
total length through April 30 and 20 inches (50.8 cm) total length
thereafter. See gear restrictions (C.2.a, C.2.b, C.2.c).
In 2003, season opens February 15 for all salmon except coho. 2
fish per day, 24-inch (61.0-cm) total length minimum size limit and the
same gear restrictions as in 2002.

Point Arena to Pigeon Point (San Francisco)

April 13 through November 10. All salmon except coho; 2 fish per
day. Minimum size limit 24 inches (61.0 cm) total length through April
30 and 20 inches (50.8 cm) total length thereafter. See gear
restrictions (C.2.a, C.2.b, C.2.c).
In 2003, the season will open April 12 for all salmon except coho.
2 fish per day, 24-inch (61.0-cm) total length minimum size limit and
the same gear restrictions as in 2002.

Pigeon Point to U.S.-Mexico Border

March 30 through September 29. All salmon except coho; 2 fish per
day. Minimum size limit 24 inches (61.0 cm) total length through April
30 and 20 inches (50.8 cm) total length thereafter. See gear
restrictions (C.2.a, C.2.b, C.2.c).
In 2003, the season will open March 29 for all salmon except coho.
Two fish per day, 24-inch (61.0-cm) total length minimum size limit and
the same gear restrictions as in 2002.

B. Minimum Size
[Total length in inches]
----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon.................... 24.0 16.0 None

[[Page 30623]]

Cape Falcon to Horse Mountain........... 20.0 16.0 None, except 20.0 off CA.
South of Horse Mt. Prior to May 1....... 24.0 ........... 20.0
Beginning May 1..................... 20.0 ........... 20.0
----------------------------------------------------------------------------------------------------------------
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. Compliance with Minimum Size and Other Special Restrictions:
All salmon on board a vessel must meet the minimum size or other
special requirements for the area being fished, and the area in which
they are landed if that area is open. Salmon may be landed in an area
that is closed only if they meet the minimum size or other special
requirements for the area in which they were caught.
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 Point Conception, California: No more than
one rod may be used per angler and single point, single shank barbless
hooks are required for all fishing gear.

[Note: ODFW regulations in the state-waters fishery off
Tillamook Bay may allow the use of barbed hooks to be consistent
with inside regulations.]

b. Between Cape Falcon, OR and Point Conception, CA: Anglers must
use no more than 2 single point, single shank, barbless hooks.
c. Off California between Horse Mountain and Point 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
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 the
red lighted Buoy #4 (46 deg.13'35" N. lat., 124 deg.06'50" W. long.)
and the 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 the green
lighted Buoy #7 to the tip of the north jetty (46 deg.15'48" N. lat.,
124 deg.05'20" W. long.) and then along the north jetty to the point of
intersection with the Buoy #10 line; and, on the south, by a line
running northeast/southwest between the red lighted Buoy #4 and tip of
the south jetty (46 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 nautical
miles (11.1 km) north of the Klamath River mouth); on the west, by
124 deg.23'00" W. long. (approximately 12 nautical miles (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 become
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 the states, Council, representatives of the affected
ports, and the Salmon Advisory Subpanel recreational representatives
north of Cape Falcon.
In addition to the above and modifications already noted under
season descriptions, the following guidance is provided to NMFS:
In the overall recreational chinook quota north of Cape Falcon,
10,000 chinook from the May/June harvest quota are the result of
impacts assessed at the July-September harvest impact rate. Inseason,
these 10,000 chinook (or remaining portion thereof) may be transferred
to the July-September harvest guideline at a one-to-one rate if not
caught in the May/June fishery. Any chinook remaining in the May/June
harvest guideline in excess of 10,000 may be transferred to the July-
September harvest guideline on a fishery impact equivalent basis.
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 2002 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

[[Page 30624]]

----------------------------------------------------------------------------------------------------------------
Minimum size
(inches) Special
Tribe and area boundaries Open seasons Salmon species ------------------- restrictions by
Chinook Coho area
----------------------------------------------------------------------------------------------------------------
MAKAH--Washington State May 1 through All except coho....... 24 Barbless hooks.
Statistical Area 4B and that earlier of June .................... No more than 8
portion of the FMA north of 48 30 or chinook All................... 24 16 fixed lines per
deg.02'15" N. lat. (Norwegian quota. boat or no more
Memorial) and east of 125 July 1 through than 4 hand-held
deg.44'00" W. long. earliest of lines per
September 15 or person.
chinook or coho
quota.
QUILEUTE--That portion of the May 1 through All except coho....... 24 Barbless hooks.
FMA between 48 deg.07'36" N. earlier of June .................... No more than 8
lat. (Sand Point) and 47 30 or chinook All................... 24 16 fixed lines per
deg.31'42" N. lat. (Queets quota. boat.
River) and east of 125 July 1 through
deg.44'00" W. long. earliest of
September 15 or
chinook or coho
quota.
HOH--That portion of the FMA May 1 through All except coho....... 24 Barbless hooks.
between 47 deg.54'18" N. lat. earlier of June .................... No more than 8
(Quillayute River) and 47 30 or chinook All................... 24 16 fixed lines per
deg.21'00" N. lat. (Quinault quota. boat.
River) and east of 125 July 1 through
deg.44'00" W. long. earliest of
September 15 or
chinook or coho
quota.
QUINAULT--That portion of the May 1 through All except coho....... 24 Barbless hooks.
FMA between 47 deg.40'06" N. earlier of June .................... No more than 8
lat. (Destruction Island) and 30 or chinook All................... 24 16 fixed lines per
46 deg.53'18" N. lat. (Point quota. boat.
Chehalis) and east of 125 July 1 through
deg.44'00" W. long. earliest of
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 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 (61.0 cm) in total length may be retained per day.
Chinook less than 24 inches (61.0 cm) total length may be retained.
B.3. The area within a 6 nautical mile (11.1 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 nautical miles (3.7 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 60,000 chinook and
60,000 coho. The overall chinook quota is divided into 30,000 chinook
for the May/June chinook-directed fishery and 30,000 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 2002 Pacific
halibut management measures were published in the Federal Register on
March 20, 2002 (67 FR 12885). 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 inches (81.3
cm). The ODFW and WDFW will monitor landings and, if they are projected
to exceed the 39,300-lb. (17.8-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

[[Page 30625]]

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 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.
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 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.
The time-frame of the preseason process for determining the annual
modifications to ocean salmon fishery management measures is driven by
the availability of biological data. Ocean salmon fisheries are
directed primarily at maturing fish destined to return to freshwater
and spawn each year. Fisheries are adjusted annually based on the
status of the affected stocks that particular year. But the information
necessary to forecast stock status, particularly escapement
information, is not available until the first part of each year, since
spawning escapement continues through the fall. The preseason planning
and public review process is initiated in February as soon as the
forecast information becomes available. The public planning process
requires coordination of management actions of four states, numerous
Indian tribes, and the Federal Government, all of which have management
authority over the stocks. The government entities also involve the
affected user groups. This complex process is compressed into a 2-month
period which culminates at the April Council meeting in order to
provide decisions necessary prior to the start of fisheries on May 1.
Fisheries generally begin May 1 to provide access to harvestable fish
and greater flexibility to use time/area constraints to meet
conservation and use objectives.
As described earlier (See Schedule Used to Establish 2002
Management Measures), the Council solicited public comment on these
measures and has notified the public of the measures it recommended for
implementation. In addition to the Council process, notice and
opportunity for public comment is provided through meetings and
caucuses of State, Tribal, local governments, and the various user
groups. This parallel process occurs throughout the February to April
time-frame when Council managed salmon fisheries are developed. The
major meetings that concern salmon fisheries on the west coast include
the Klamath Fishery Management Council, established at 16 U.S.C. 46085-
2; North of Cape Falcon Forum, sponsored by the state of Washington and
northwest Indian tribes with treaty fishing rights; U.S. v. Oregon
meetings related to ocean and Columbia River fisheries; Oregon Fish and
Wildlife Commission; and California Fish and Game Commission.
Recommendations and information from these forums are incorporated into
the Council process when representatives from these entities provide
comments and information at Council sponsored functions.
Providing additional opportunity for prior notice and public
comments on these measures through a proposed and final rulemaking
process would be impracticable and contrary to the public interest.
Given the need to protect extremely low returns of many ocean salmon
stocks listed under the ESA, the need to prevent overfishing, the need
to facilitate a level of escapement to meet the requirements of the
resource and inside fisheries, and the need to allow harvest of fish
that can be harvested while still allowing appropriate escapements; it
is essential to have these measures effective at the beginning of the
fishing year. Otherwise 2001 management measures will continue to
apply.
For example, under 2001 management in the Fort Bragg area a troll
fishery in May would open, which would not be open under 2002
management regulations because the impacts on OCN coho would be too
high. In other cases, areas scheduled to open early in the 2002 season
would remain closed under 2001 management, thus foreclosing the
opportunity to harvest some stocks that are available for harvest this
year. In 2001, the recreational fishery north of Cape Falcon did not
open until July 1. Under 2002 regulations the recreational fishery
would open on May 25. As a result, using the 2001 regulations would
preclude harvest opportunity for chinook that would not be recovered
later because of conservation constraints for coho.
Overall, the annual population dynamics of the various salmon
stocks cause managers to vary the season structure of the various west
coast area fisheries to both protect weaker stocks and give fishers
access to stronger salmon stocks, particularly hatchery produced fish.
Failure to implement these measures immediately could compromise the
status of certain stocks and negatively impact international, state,
and tribal salmon fisheries,

[[Page 30626]]

thereby undermining the purposes of this agency action. Based upon the
above-described need to have these measures effective on May 1 and the
fact that there is limited time available to implement these new
measures after the final Council meeting in April and before the
commencement of the ocean salmon fishing year on May 1, NMFS has
concluded it is impracticable to provide an opportunity for prior
notice and public comment under 5 U.S.C. 553(b)(B).
The provisions of 50 CFR 660.411 state that if, for good cause, an
action must be filed without affording a prior opportunity for public
comment, the measures will become effective; however, public comments
on the action will be received for a period of 15 days after date of
publication in the Federal Register. NMFS will receive public comments
on this action for 15 days after the date of publication of this action
in 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. As previously
discussed, these measures are essential to conserve threatened and
endangered ocean salmon stocks, and to provide for harvest of more
abundant stocks. If these measures are not in place on May 1, the
previous year's management measures will continue to apply. 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.
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.
This action contains collection-of-information requirements subject
to the Paperwork Reduction Act (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 includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS 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 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 BOs that consider the impacts to
listed salmon 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 and Section 4(d) Determinations
Related to Ocean Fisheries Implemented Under the Salmon FMP and Duration
of the Proposed Action Covered by Each
------------------------------------------------------------------------
ESU covered and effective
Date period
------------------------------------------------------------------------
March 8, 1996.......................... Snake River chinook and sockeye
(until reinitiated).
April 28, 1999......................... Oregon coast coho, S. Oregon/N.
California coast coho, Central
California coast coho (until
reinitiated).
April 28, 2000......................... Central Valley spring chinook
and California coast chinook
(until reinitiated).
April 27, 2001 [4(d)],................. Puget Sound chinook and Hood
Sept. 14, 2001 (BO).................... Canal summer chum 4(d) limit &
associated biological opinion
(2 years ).
April 30, 2001......................... Lower Columbia River chinook,
Upper Willamette chinook, and
Upper Columbia spring chinook
(until reinitiated).
April 29, 2002......................... Sacramento River winter chinook
(2 years).
------------------------------------------------------------------------

Associated with the BOs are incidental take statements that specify
the expected level of take. If the fisheries are conducted in
accordance with the statement's terms and conditions the take is
exempted from the section 9 prohibitions of the ESA. 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 (consultation standards) that would avoid the
likelihood of jeopardizing the continued existence of the ESU under
consideration. NMFS recently completed an additional BO regarding
Sacramento River winter chinook for the 2002 and 2003 seasons.
In a March 8, 2002, letter to the Council, NMFS provided the
Council with ESA consultation standards and guidance for the management
of stocks listed under the ESA, and in anticipation of the BO that was
being prepared for the 2002 management season for Sacramento River
winter chinook.
Proposed fisheries affecting Puget Sound chinook and the Hood Canal
summer chum were considered under provisions of the 4(d) rule. NMFS has
determined that the Puget Sound chinook and Hood Canal summer chum RMPs
are consistent with the ESA section 4(d) rule, and that the 2002 ocean
and inside fisheries are consistent with the RMPs. In addition, the
2002 and pre-May 2003 management measures are consistent with the
standards set to avoid jeopardy in the RMPs and associated biological
opinion.
The Council's recommended management measures are consistent with
the BOs that find no jeopardy, the reasonable and prudent alternatives
in the jeopardy BOs, and the terms of the State and Tribal RMPs.

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

[[Page 30627]]

Dated: May 1, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 02-11219 Filed 5-1-02; 5:02 pm]
BILLING CODE 3510-22-P

Notices For
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Fisheries Off West Coast States and in the Western Pacific; West Coast Salmon Fisheries; 2002 Management Measures

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