Fisheries Off West Coast States; West Coast Salmon Fisheries; 2006 Management Measures and a Temporary Rule

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

[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Rules and Regulations]
[Page 26254-26266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my06-15]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 060427113-6113-01; I.D. 042406A]
RIN 0648-AT34

Fisheries Off West Coast States; West Coast Salmon Fisheries;
2006 Management Measures and a Temporary Rule

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; and a temporary rule for emergency action; request
for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2006
ocean salmon fisheries off Washington, Oregon, and California and the
2007 salmon seasons opening earlier than May 1, 2007. The temporary
rule for emergency action, under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), implements the
2006 annual management measures for the west coast ocean salmon
fisheries for the area from Cape Falcon, OR, to Point Sur, CA, from May
1 to August 31, 2006. The emergency rule is required because Klamath
River fall Chinook (KRFC) are projected to not meet their conservation
objective, or escapement floor, of 35,000 adult natural spawners
established in the Pacific Coast Salmon Fishery Management Plan (Salmon
FMP). Specific fishery management measures vary by fishery and by area.
The measures establish fishing areas, seasons, quotas, legal gear,
recreational fishing days and catch limits, possession and landing
restrictions, and minimum lengths for salmon taken in the U.S.
exclusive economic zone (EEZ) (3-200 nm) off Washington, Oregon, and
California. The management measures are intended to prevent overfishing
and to apportion the ocean harvest equitably among treaty Indian, non-
treaty commercial, and recreational fisheries. The measures are also
intended to allow a portion of the salmon runs to escape the ocean
fisheries in order to provide for spawning escapement and to provide
for inside fisheries (fisheries occurring in state internal waters).

DATES: Amendments to 50 CFR 660.410(a), (b)(1), (b)(4), and (d) are
effective from 0001 hours Pacific daylight time, May 1, 2006, through
2359 hours Pacific daylight time, August 31, 2006. The remaining
uncodified management measures, including the measures that apply from
Cape Falcon to Pt. Sur beginning September 1, 2006, are effective from
0001 hours Pacific Daylight Time, May 1, 2006, until the effective date
of the 2007 management measures, as published in the Federal Register.
Comments must be received by May 19, 2006.

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, Regional
Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite
4200, Long Beach, CA 90802-4213, fax: 562-980-4018. Comments can also
be submitted via e-mail at the 2006oceansalmonregs.nwr@noaa.gov
address, or through the Internet at the Federal eRulemaking Portal:
http://www.regulations.gov . Follow the instructions for
submitting comments, and include ``RIN 0648-AT34'' in the subject line of
the message.
Copies of the FONSI and its supporting 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, and are posted on its Web
site http://www.pcouncil.org .
Send comments regarding the reporting burden estimate or any other
aspect of the collection-of-information requirements in these
management measures, including suggestions for reducing the burden, to
one of the NMFS addresses listed above and to David Rostker, Office of
Management and Budget (OMB), by e-mail at David_Rostker@omb.eop.gov,
or by facsimile (fax) at (202) 395-7285

FOR FURTHER INFORMATION CONTACT: Frank Lockhart at 206-526-6140, or
Mark Helvey 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 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 2006 and pre-May 2007 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 3 to 7, 2006, meeting.

Schedule Used To Establish 2006 Management Measures

The Council announced its annual preseason management process for
the 2006 ocean salmon fisheries in the Federal Register on December 28,
2005 (70 FR 76783). This notice announced the availability of Council
documents as well as the dates and locations of Council meetings and
public hearings comprising the Council's complete schedule of events
for determining the annual proposed and final modifications to ocean
salmon fishery management measures. The agendas for

[[Page 26255]]

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 scientific information first necessary
for crafting management measures for the 2006 and pre-May 2007 ocean
salmon fishery became available. The first report, ``Review of 2005
Ocean Salmon Fisheries'' (REVIEW), summarizes biological and socio-
economic data for the 2005 ocean salmon fisheries and assesses how well
the Council's 2005 management objectives were met. The second report,
``Preseason Report I Stock Abundance Analysis for 2006 Ocean Salmon
Fisheries'' (PRE I), provides the 2006 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2005 regulations and regulatory procedures were
applied to the projected 2006 stock abundances. The completion of PRE I
is the initial step in evaluating the full suite of preseason options.
The Council met in Seattle, WA, from March 6 to 10, 2006, to
develop 2006 management options. 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 2006 Ocean Salmon Fisheries,'' which analyzes
the effects of the proposed 2006 management options. This report was
made available to the Council, its advisors, and the public.
Public hearings, sponsored by the Council, to receive testimony on
the proposed options were held on: March 27, 2006, in Westport, WA, and
Coos Bay, OR; and March 28, 2006, in Santa Rosa, CA. The States of
Washington, Oregon, and California sponsored meetings in various forums
that also collected public testimony, which was then presented to the
Council by each state's Council representative. The Council also
received public testimony at both the March and April meetings and
received written comments at the Council office.
The Council met from April 3 to 7, 2006, in Sacramento, CA, to take
additional public comment and to adopt its final 2006 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 2006 Ocean Salmon Fisheries,''
which analyzes the environmental and socio-economic effects of the
Council's final recommendations. This report was also 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 and also posted
them on the Council Web site http://www.pcouncil.org .

Resource Status

Since 1989, NMFS has listed under the Endangered Species Act (ESA)
27 evolutionarily significant units (ESUs) of salmonids on the west
coast. As the listings have occurred, NMFS has conducted formal ESA
section 7 consultations and issued biological opinions, and made
determinations under section 4(d) of the ESA, 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 biological opinions are
incidental take statements which specify the level of take that is
expected. Some of the biological opinions have concluded that
implementation of the Salmon FMP is not likely to jeopardize the
continued existence of certain listed ESUs and provided incidental take
statements. Other biological opinions have found the Salmon FMP is
likely to jeopardize certain listed ESUs and have identified reasonable
and prudent alternatives (RPA) or consultation standards that would
avoid the likelihood of jeopardizing the continued existence of the ESU
under consideration, and provided an incidental take statement for the
reasonable and prudent alternative. In a March 6, 2006, letter to the
Council, NMFS provided the Council with ESA consultation standards and
guidance for the management of stocks listed under the ESA in
preparation for the 2006 management season in order to ensure that the
Council recommendations comply with the ESA.
Estimates of the 2006 spawning escapements for key stocks managed
under the Salmon FMP and preseason estimates of 2006 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. However, this year KRFC are also a concern as explained below.
Lower Columbia River (LCR) coho were listed as threatened under the
ESA on June 28, 2005 (70 FR 37160). As a result, this is the first year
that LCR coho have been the subject of a section 7 consultation during
the Council's preseason planning process. As a consequence of this
consultation, the Council and associated state agencies made
substantial changes in past management practice. Previously, ocean
harvest impacts to LCR coho were estimated using Oregon Coast Natural
(OCN) coho as a surrogate. In 2006, model procedures were changed to
rely instead on LCR early- and late-timing hatchery stocks. In prior
years, ocean fisheries were also managed using a harvest matrix that
specified an allowable harvest rate depending on indicators of brood
year escapement and survival. Given the circumstances in 2006, the
harvest matrix would have allowed an OCN harvest rate of 15 percent and
an in-river harvest rate of 7.5 percent. Because of uncertainties
related to the status of LCR coho, and pending review and development
of a more comprehensive long-term management strategy, NMFS guidance
was to manage Council area fisheries and those in mainstem Columbia
River subject to a total exploitation rate of 15 percent or less. As a
consequence of this guidance, the 2006 ocean fisheries are expected to
have an exploitation rate of 9.9 percent. This represents a 33 percent
reduction in harvest impacts from what would have been allowed under
the prior harvest matrix.
These ESA related changes in assessment methods and harvest limits
substantially reduced harvest opportunity in fisheries north of Cape
Falcon, OR. The coho quota for the area north of Cape Falcon in 2006 is
117,500 fish compared to a quota of 195,000 in 2005.
NMFS also consulted previously on LCR Chinook. The indicator stock
for the tule component of the LCR Chinook ESU is from the Coweeman
River. NMFS guidance for the Coweeman tule fall Chinook is to limit the
combined impact of all fisheries to a 49 percent brood year
exploitation rate. As a consequence of a post season review by the
NMFS' Northwest Fisheries Science Center in 2005, it became apparent
that actual exploitation rates in recent years had been higher than 49
percent, averaged on the order of 60 percent. In response, the
Council's STT made

[[Page 26256]]

changes in the methods for modeling harvest to correct for the apparent
bias in preseason estimates. These changes resulted in the need for
conservative management and also placed new constraints on fisheries
north of Cape Falcon. The expected exploitation rates associated with
the fisheries in 2006 on Coweeman, and other fisheries where tule fall
Chinook are caught, is 47.2 percent.
An additional factor compounding the 2006 salmon management process
was the unexpectedly high age-4 contact rates of KRFC in various
fisheries along the Pacific Coast and the implications for conservation
measures linked to threatened California Coastal Chinook (CCC). The
2000 CCC biological opinion, as amended in 2002, established an RPA
that requires the Pacific ocean salmon fisheries to be managed to a
pre-season projected KRFC age-4 harvest rate of 16 percent or less.
This KRFC age-4 harvest rate is used as a proxy for the protection of
listed CCC. The Klamath Ocean Harvest Model (KOHM) substantially
underestimated the age-4 ocean harvest rate for KRFC the last three
years. In 2003, 2004, and 2005 the projected pre-season harvest rates
were 16 percent, 15 percent, and 7.7 percent, respectively, but the
actual post-season harvest rate estimates were 23 percent, 52 percent,
and 23.9 percent.
NMFS, Southwest Region (SWR), reinitiated consultation on the 2000
CCC biological opinion in 2005 that included an analytical review of
the KOHM by the Council's STT and a detailed description of the events
and dynamics surrounding the 2003 and 2004 ocean salmon seasons. The
consultation was completed on June 13, 2005. The 2005 consultation
concluded that the jeopardy determination made in the 2000 opinion was
still appropriate and placed additional requirements on NMFS to
implement parts 1 and 2 of the RPA. The first requirement stipulated
that if the KOHM were to substantially under-predict the age-4 harvest
rate again in 2005, that NMFS, in cooperation with the Council and STT
would modify the KOHM to more heavily weight data observed in recent
years. Since the 2005 post-season estimate was approximately three
times the pre-season projection, the STT modified the KOHM to more
accurately represent recent trends in effort and contact rate per unit
effort. These changes to the model provide a more conservative approach
for age-4 KRFC harvest rate estimation. The second requirement was to
initiate a study to determine the feasibility of characterizing the
ocean catch and distribution of CCC relative to other stocks using
Genetic Stock Identification techniques. Work on the feasibility study
is underway and the SWR is engaged in planning for implementation of
the study in cooperation with NMFS' Southwest Fisheries Science Center
and other relevant state and Federal agencies. These two actions
fulfill the requirements of the 2005 consultation. Because of
constraints explained below related to KRFC, the projected age-4
harvest rate for KRFC is estimated to be 11.5 percent, which is below
the 16 percent pre-season age-4 harvest rate target. Considering this
projection was made with a more conservative KOHM than was used in the
past and additional restrictions on the commercial salmon fishery
(e.g., a limit of 75 Chinook or fewer per week per vessel) are being
implemented, the fishery is being managed in compliance with the
requirements of the biological opinion. Therefore, the 2000 CCC
biological opinion (and the ITS) still provides the necessary ESA take
exemption for the 2006 ocean salmon fisheries.
Snake River fall Chinook are listed under the ESA as a threatened
species. 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 be managed to
ensure that the Adult Equivalent (AEQ) exploitation rate on age-3 and
age-4 adults for the combined Southeast Alaska, Canadian, and Council
fisheries is not greater than 70 percent of that observed during the
1988-1993 base period. The 2006 fisheries, combined with expected
impacts in Southeast Alaska and Canada fisheries, have an estimated age
\3/4\ AEQ exploitation rate that is 64.1 percent of that observed
during the 1988-1993 base period. Meeting the Snake River fall Chinook
age \3/4\ AEQ exploitation rate was not a primary constraint on
fisheries north of Cape Falcon.
This is the seventh year that NMFS provided guidance to the Council
related to the Puget Sound Chinook ESU. NMFS' guidance for Puget Sound
Chinook stocks is 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, Civ.
N. 70-9213 (W.D. Wash.) 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 occur, Council and Puget Sound fisheries are
interconnected. Therefore, in adopting its regulations, the Council
recommends fisheries in the ocean that when combined with Puget Sound
fisheries meet conservation objectives under Limit 6 of the 4(d) Rule.
NMFS estimated that the exploitation rates from Council-managed
fisheries on Puget Sound Chinook populations will range from zero to
seven percent. Management actions taken to meet exploitation rate and
escapement targets will, therefore, occur primarily in the Puget Sound
fisheries, but the nature of the existing process is such that ocean
fishery impacts must be accounted for as part of meeting comprehensive
harvest management objectives.
In March 2005, NMFS approved fishing activities conducted in
accordance with the harvest component of the Comprehensive Management
Plan for Puget Sound Chinook, a Resource Management Plan (RMP)
submitted by the Washington Department of Fish and Wildlife and the
Puget Sound Treaty tribes under Limit 6 of the ESA 4(d) rule. The terms
of the RMP have also been incorporated into the Draft Puget Sound
Salmon Recovery Plan currently out for public review and comment. The
take limit for fisheries implemented under the terms of the RMP apply
to the 2005-2009 fishing years (May 1, 2005 through April 30, 2010).
The RMP management approach consists of a two tiered harvest regime
(normal and minimum), depending on stock status. The harvest objectives
in the RMP are a mixture of total and southern U.S. exploitation rates
(termed in the RMP--Rebuilding Exploitation Rates or RERs) and
escapement goals. Under conditions of normal abundance, the RERs and
escapement goals apply. However, when a particular management unit is
(1) not expected to meet its low abundance threshold, or, (2) if the
total exploitation rate is projected to exceed its RER under a proposed
set of fisheries, the co-managers will constrain their fisheries such
that either the RER is not exceeded, or the Critical Exploitation Rate
Ceiling is not exceeded. The Council's proposed fisheries, in addition
to anticipated inside fisheries, are consistent with the consultation
standards for all of the Puget Sound indicator stocks.
Sacramento River winter Chinook are listed as endangered under the ESA.

[[Page 26257]]

The Council's recommended management measures meet NMFS's requirements
for the stock established through the ESA section 7 consultation
process.
Southern resident killer whales were recently listed as endangered
under the ESA effective February 16, 2006. NMFS has initiated a Section
7 consultation regarding the effects of Council salmon fisheries on
southern resident killer whales. NMFS expects to complete a ESA section
7 consultation by June 2006. In the event that the review suggests that
further constraints in the 2006 fisheries are necessary, appropriate
corrections will be made by NMFS through inseason action.

Emergency Rule

The Council's final recommendation for the ocean salmon fishery
seasons that commence May 1st deviates from the Salmon FMP specifically
in regard to meeting the conservation objective, or escapement floor,
of 35,000 adult natural KRFC spawners. Under this circumstance,
implementation of an Emergency Action under Magnuson-Stevens Act
authority at section 305(c)(2)(B) is necessary to modify the
conservation objective in the Salmon FMP in order to implement the
Council's proposal. The Temporary Rule for Emergency Action applies to
the area from Cape Falcon, OR, to Point Sur, CA. These regulations
close a majority of the commercial fisheries and greatly reduce the
recreational fisheries in this area off Oregon and California from May
1 through August 31, 2006.
The conservation objective for KRFC in the Salmon FMP requires a
return of 33-34 percent of potential adult natural spawners, but no
fewer than 35,000 naturally spawning adults, in any one year. The
preseason forecast for KRFC for 2006 is close to the record low,
although actual run sizes have been lower in several prior years.
Preseason estimates indicate that, if the ocean fishery was closed from
January through August 2006, between Cape Falcon, OR, and Point Sur, CA
(near Monterey), and assuming the tribes catch their allocation of fish
in the river, the expected number of natural area adult spawners would
be 25,400. Under the Salmon FMP, a ``conservation alert'' is triggered
when a stock is projected to fall below its conservation objective.
Under such circumstances the Council is required to close salmon
fisheries within Council jurisdiction that impact the stock. Over 99
percent of KRFC are caught with other salmon stocks, including more
abundant Central Valley fall-run Chinook, in commercial and
recreational fisheries in the Klamath impact area from Cape Falcon to
Point Sur. Because annual management measures must meet the Salmon FMP
conservation objectives of all the key stocks, fishing seasons are
usually limited by the necessity of meeting the requirements for the
least abundant stock. The area that would be closed pursuant to the
Salmon FMP would therefore include most of the Oregon coast and the
northern half of California where KRFC are harvested at their highest
rate. Given the circumstances, any fishing in the closed area would
have to be approved by emergency rule to modify the Salmon FMP.
The process for setting this year's management measures was very
controversial given the proposed reductions in fishing opportunities
and potential closures. At both the March and April meetings, and the
coastwide public hearings, there was a significant increase in
participation and comments from the various fishing sectors regarding
the proposed 2006 management measures. The majority of the comments
expressed great concern that elimination of the ocean fisheries that
impact KRFC would cause severe economic hardship to coastal communities
from central California to central Oregon. Fishermen in these ports
would have to forgo the opportunity to harvest other, stronger stocks
of Chinook to preserve relatively few KRFC. Those testifying also spoke
at length regarding concerns for the demise of the infrastructure that
supports the fishing industry and thus the long-term consequences of a
fishery closure or severe cutback in 2006. The Council, in trying to
address the conservation concerns for KRFC while mitigating the adverse
economic and social consequences, voted 13-1 to approve their final
proposal which allows limited ocean fisheries that impact KRFC.
For NMFS, the key question in considering whether to approve the
emergency rule was whether the proposed fisheries would jeopardize the
capacity of the fishery to produce maximum sustained yield on a
continuing basis. The NMFS Science Center report requested by NMFS
focused on this question. The Council's Scientific and Statistical
Committee provided comments and additional analysis to the Council on
the Science Center report. The Council's STT also addressed questions
related to the risks associated with low spawning escapement. The
science advisory bodies all expressed concern about the risks related
to the current circumstances, and contributing sources of uncertainty.
However, although the advisors made the general point that reduced
escapement increased the risk of depressing future production, they
were unable to identify a particular point of elevated concern between
Option III and an escapement level of approximately 20,000 natural spawners.
During its deliberations NMFS considered several factors that
helped mitigate the qualitative perception of risk. Among these was a
risk analysis included in the Science Centers' report that considered
the probability that a very low recruitment would result from various
levels of escapement that may occur in 2006. The magnitude of the
probabilities varied greatly depending on the assumptions. But the
results indicated that there was relatively little change in risk for
the range of escapements between the no fishing option with an
associated expected escapement of 25,400, and the expected escapement
of 21,100 associated with the proposed season. Based on this analysis
and other factors considered NMFS concluded that the marginal decrease
in escapement that will result from the Council's proposed fisheries
does not jeopardize the capacity of the fishery to produce maximum
sustained yield on a continuing basis. NMFS further concluded that the
limited fisheries in the Klamath impact area proposed for 2006 address
the conservation concerns for KRFC while mitigating, to the degree
possible, the adverse effects to the fishing community. The vote of the
Council, and comments by the state Council representatives, in
particular, reflect their concurrence with NMFS's conclusion. The
Temporary Rule for Emergency Action to implement the 2006 annual
management measures for the west coast ocean salmon fisheries covers
the area from Cape Falcon, Oregon, to Point Sur, California.

Management Measures for 2006 Fisheries

The Council-recommended ocean harvest levels and management
measures for 2006 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
as amended by the emergency modification to the KRFC escapement floor,
the requirements of the resource, and the socio-economic factors
affecting resource users. The recommendations are consistent with the
requirements of the Magnuson-

[[Page 26258]]

Stevens Act, U.S. obligations to Indian tribes with Federally
recognized fishing rights, and U.S. international obligations regarding
Pacific salmon. Accordingly, NMFS has adopted them.
North of Cape Falcon the 2006 management measures have a slightly
lower Chinook quota and substantially lower coho quota relative to the
2005 season. The total allowable catch for 2006 is 65,000 Chinook and
80,000 marked hatchery coho; these fisheries are restricted to protect
depressed Lower Columbia River wild coho, Lower Columbia River Chinook,
Washington coastal coho, Puget Sound coho, OCN coho, Interior Fraser
River coho, Puget Sound Chinook, and Snake River fall Chinook.
Washington coastal and Puget Sound Chinook generally migrate to the far
north and are not greatly affected by ocean harvests from Cape Falcon,
OR, to the U.S.-Canada border. Nevertheless, ocean fisheries in
combination with fisheries inside Puget Sound were restricted in order
to meet ESA related conservation objectives for Puget Sound Chinook.
North of Cape Alava, WA, the Council recommends a provision prohibiting
retention of chum salmon during August and September to protect ESA
listed Hood Canal summer chum. The Council has recommended such a
prohibition for the last five years.
South of Cape Falcon, OR, Chinook fisheries off Oregon and
California were dramatically reduced or closed because of concerns
regarding KRFC's weak status. The retention of coho is prohibited,
except for a recreational selective fishery off Oregon with a 20,000-
fish quota of marked hatchery coho. This is the third year the
selective fishery includes the southern coastal area off Oregon. The
Council's recommendations are below the 15-percent exploitation rate
permitted under Amendment 13 to protect OCN coho stocks, with an
expected 9.6-percent OCN coho exploitation rate. The expected ocean
exploitation rate for Rogue/Klamath coho is 5.2 percent, and is also
below its exploitation rate limit of 13.0 percent.

Treaty Indian Fisheries for 2005

The treaty-Indian commercial troll fishery quota is 42,200 Chinook
in ocean management areas and Washington State Statistical Area 4B
combined. This quota is slightly lower than the 48,000-Chinook quota in
2005. The fisheries include a Chinook-directed fishery in May and June
(under a quota of 22,700 Chinook) and an all-salmon season beginning in
July with a 19,500 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 37,500 coho,
a decrease from the 50,000-coho quota in 2005.

Management Measures for 2007 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 2007 fishing seasons
opening earlier than May 1 are also established in this action. The
Council recommended, and NMFS concurs, that the recreational seasons
off California from Horse Mountain to the U.S.-Mexico Border and off
Oregon from Cape Falcon to Humbug Mountain, and the commercial troll
seasons off California from Horse Mountain to Point Arena and off
Oregon from Cape Falcon to the Oregon-California Border, will open in
2007 as indicated in the Season Description section. At the March 2007
meeting, the Council may consider inseason recommendations to adjust
the commercial seasons that open prior to May 1.

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 2006 management measures. Inseason closures in the commercial and
recreational fisheries are announced on the NMFS hotline and through
the U.S. Coast Guard Notice to Mariners as described in Section 6.
Other inseason adjustments to management measures are also announced on
the hotline and through the Notice to Mariners. Inseason actions will
also be published in the Federal Register as soon as practicable.
The following are the management measures recommended by the
Council and approved and implemented here for 2006 and, as specified,
for 2007.

Section 1. Commercial Management Measures for 2006 Ocean Salmon Fisheries

Note: This section contains restrictions in parts A, B, and C
that must be followed for lawful participation in the fishery. Each
fishing area identified in part A specifies the fishing area by
geographic boundaries from north to south, the open seasons for the
area, the salmon species allowed to be caught during the seasons,
and any other special restrictions effective in the area. Part B
specifies minimum size limits. Part C specifies special
requirements, definitions, restrictions and exceptions.

A. Season Description

North of Cape Falcon, OR

U.S.-Canada Border to Cape Falcon
May 1 through earlier of June 30 or a 22,450 Chinook quota. Open
May 1-2 with a 75 Chinook per vessel landing and possession limit for
the two-day open period; beginning May 6, open Saturday through Tuesday
with an 80 Chinook per vessel possession and landing limit for each
four-day open period. If insufficient quota remains to prosecute
openings prior to the June 24-27 open period, the remaining quota will
be provided for a June 27-30 open period with a per vessel landing and
possession limit to be determined inseason. All salmon except coho
(C.7). Cape Flattery and Columbia Control Zones closed (C.5). See gear
restrictions and definitions (C.2, C.3). Vessels must land and deliver
their fish within 24 hours of any closure of this fishery. Under state
law, vessels must report their catch on a state fish receiving ticket.
Vessels fishing north of Leadbetter Point must land and deliver their
fish within the area and north of Leadbetter Point. Vessels fishing
south of Leadbetter Point must land and deliver their fish within the
area and south of Leadbetter Point, except that Oregon permitted
vessels may also land their fish in Garibaldi, OR. Oregon State
regulations require all fishers landing salmon into Oregon from any
fishery between Leadbetter Point, WA, and Cape Falcon, OR, must notify
Oregon Department of Fish and Wildlife (ODFW) within one hour of
delivery or prior to transport away from the port of landing by calling
541-867-0300 Ext. 271. Notification shall include vessel name and
number, number of salmon by species, port of landing and location of
delivery, and estimated time of delivery. Inseason actions may modify
harvest guidelines in later fisheries to achieve or prevent exceeding
the overall allowable troll harvest impacts (C.8).
July 15 through earlier of September 15 or a 11,550 preseason
Chinook guideline (C.8) or a 6,800 marked coho quota (C.8.d). Cape
Flattery and Columbia Control Zones closed (C.5). Open Saturday through
Tuesday July 15 through August 1. All salmon; landing and possession
limit of 35 Chinook and 35 marked coho per vessel per four day open
period (C.2, C.3). Open August 5 through September 15; Saturday through
Monday. All salmon except no chum retention north of Cape Alava, WA, in
August and September (C.7); landing and possession limit of 30 Chinook
and 40 marked coho per vessel per three day open period. Gear

[[Page 26259]]

restricted to plugs 6 inches (15.2 cm) or longer (C.2, C.3) Vessels
must land and deliver their fish within 24 hours of any closure of this
fishery. Under state law, vessels must report their catch on a state
fish receiving ticket. Vessels fishing north of Leadbetter Point must
land and deliver their fish within the area and north of Leadbetter
Point. Vessels fishing south of Leadbetter Point must land and deliver
their fish within the area and south of Leadbetter Point, except that
Oregon permitted vessels may also land their fish in Garibaldi, OR.
Oregon State regulations require all fishers landing salmon into Oregon
from any fishery between Leadbetter Point, WA, and Cape Falcon, OR,
must notify ODFW within one hour of delivery or prior to transport away
from the port of landing by calling 541-867-0300 Ext. 271. Notification
shall include vessel name and number, number of salmon by species, port
of landing and location of delivery, and estimated time of delivery.
Inseason actions may modify harvest guidelines in later fisheries to
achieve or prevent exceeding the overall allowable troll harvest
impacts (C.8).

South of Cape Falcon, OR

Cape Falcon to Florence South Jetty, OR (Newport)
June 4-7, 11-14, 18-21, 25-28; July 9-11, 16-18, 23-25; August 1-3;
September 17-30; October 17-31 (C.9). All salmon except coho (C.7).
Landing and possession limit of 75 Chinook per vessel per calendar week
(Sunday through Saturday) during June, July, and August; 50 Chinook per
calendar week September and October. Chinook 28 inch (71.1 cm) total
length minimum size limit (B). All vessels fishing in the area must
land their fish in the State of Oregon. See gear restrictions and
definitions (C.2, C.3) and Oregon State regulations for a description
of special regulations at the mouth of Tillamook Bay.
In 2007, the season will open March 15 for all salmon except coho,
with a 28 inch (71.1 cm) total length Chinook minimum size limit. This
opening could be modified following Council review at its March 2007
meeting.
Florence South Jetty to Humbug Mountain, OR (Coos Bay)
Closed (C.9).
In 2007, the season will open March 15 for all salmon except coho,
with a 28 inch (71.1 cm) total length Chinook minimum size limit. This
opening could be modified following Council review at its March 2007
meeting.
Humbug Mountain to Oregon-California Border (Oregon KMZ)
Closed (C.9).
In 2007, the season will open March 15 for all salmon except coho,
with a 28 inch (71.1 cm) total length Chinook minimum size limit. This
opening could be modified following Council review at its March 2007
meeting.
Oregon-California Border to Humboldt South Jetty, CA (California KMZ)
Closed (C.9).
Humboldt South Jetty to Horse Mountain, CA
Closed (C.9).
Horse Mountain to Point Arena, CA (Fort Bragg)
September 1 through the earlier of September 15 or a Chinook quota
of 4,000 (C.9). All salmon except coho. Landing and possession limit of
30 Chinook per vessel per day. Fish caught in the area must be landed
in the area (C.1). Chinook minimum size limit 27 inches (68.6 cm) total
length (B). See gear restrictions and definitions (C.2, C.3).
In 2007, the season will open March 15 for all salmon except coho,
with a 27 inch (68.6 cm) total length Chinook minimum size limit (B).
This opening could be modified following Council review at its March
2007 meeting.
Point Arena to Pigeon Point (San Francisco)
July 26-31; August 1-31; September 1 through the earlier of
September 30 or a Chinook quota of 20,000 (C.9). All salmon except
coho. Landing and possession limit of 75 Chinook per vessel per
calendar week (Sunday through Saturday) during July and August; fish
must be landed in an area south of Horse Mountain. In September, fish
caught in the area must be landed in the area, or in an adjacent closed
area, if that area has been closed for at least 96 hours (C.1). Chinook
minimum size limit 28 inches (71.1 cm) total length in July and August;
27 inches (68.6 cm) total length in September (B). See gear
restrictions and definitions (C.2, C.3).
Point Reyes to Point San Pedro, CA (Fall Area Target Zone)
October 2-6; 9-13. Open Monday through Friday. All salmon except
coho. All fish caught in the area must be landed in the area between
Point Arena and Pigeon Point (C.1). Chinook minimum size limit 26
inches (68.0 cm) total length (B). See gear restrictions and
definitions (C.2, C.3).
Pigeon Point to Point Sur (Monterey)
May 1-31; July 26-31; August 1-31; September 1-30 (C.9). All salmon
except coho. Landing and possession limit of 75 Chinook per vessel per
calendar week (Sunday through Saturday) during May, July, and August;
fish must be landed in an area south of Point Arena. In September, fish
must be landed in an area south of Pigeon Point, or in an adjacent
closed area, if that area has been closed for at least 96 hours (C.1).
Chinook minimum size limit 28 inches (71.1 cm) total length in July and
August; 27 inches (68.6 cm) total length in May and September (B). See
gear restrictions and definitions (C.2, C.3).
Point Sur to U.S.-Mexico Border
May 1 through September 30 (C.9). All salmon except coho. Fish must
be landed south of Pigeon Point (C.1). Chinook minimum size limit 27
inches (68.6 cm) total length in May, June, and September; 28 inches
(71.1 cm) total length in July and August (B). See gear restrictions
and definitions (C.2, C.3).
B. Minimum Size (Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
Chinook Coho
------------------------------------------------------
Area (when open) Total Total
length Head-off length Head-off Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR................................. 28.0 21.5 16.0 12.0 None
Cape Falcon to OR-CA Border.............................. 28.0 21.5 ......... ......... None
OR-CA Border to Horse Mountain, CA....................... ......... ......... ......... ......... None
Horse Mountain to Point Arena, CA........................ 27.0 20.5 ......... ......... None
Pt. Arena to U.S.-Mexico Border:
Prior to July 1 and from Sept. 1-30.................. 27.0 20.5 ......... ......... None
July 1-August 31..................................... 28.0 21.5 ......... ......... None

[[Page 26260]]

October 3-14......................................... 26.0 19.5 ......... ......... None
----------------------------------------------------------------------------------------------------------------
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, 20.5 in=52.1 cm, 19.5
in=49.5 cm, 16.0 in=40.6 cm, and 12.0 in=30.5 cm.

C. Special Requirements, Definitions, Restrictions, or Exceptions
C.1. Compliance with Minimum Size or Other Special Restrictions:
All salmon on board a vessel must meet the minimum size, landing/
possession limit, or other special requirements for the area being
fished and the area in which they are landed if the area is open.
Salmon may be landed in an area that has been closed more than 96 hours
only if they meet the minimum size, landing/possession limit, or other
special requirements for the area in which they were caught. Salmon may
be landed in an area that has been closed less than 96 hours only if
they meet the minimum size, landing/possession limit, or other special
requirements for the areas in which they were caught and landed.
States may require fish landing/receiving tickets be kept on board
the vessel for 90 days after landing to account for all previous salmon
landings.
C.2. Gear Restrictions:
a. Single point, single shank, barbless hooks are required in all
fisheries.
b. Cape Falcon, OR, to the Oregon-California border: No more than 4
spreads are allowed per line.
c. Oregon-California border to U.S.-Mexico border: No more than 6
lines are allowed per vessel, and barbless circle hooks are required
when fishing with bait by any means other than trolling.
C.3. Gear Definitions:
a. 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.
b. Troll fishing gear defined: One or more lines that drag hooks
behind a moving fishing vessel. In that portion of the fishery
management area (FMA) off Oregon and Washington, the line or lines must
be affixed to the vessel and must not be intentionally disengaged from
the vessel at any time during the fishing operation.
c. Spread defined: A single leader connected to an individual lure
or bait.
d. 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.
C.4. Transit Through Closed Areas with Salmon on Board: It is
unlawful for a vessel to have troll or recreational gear in the water
while transiting any area closed to fishing for a certain species of
salmon, while possessing that species of salmon; however, fishing for
species other than salmon is not prohibited if the area is open for
such species and no salmon for which the area is closed are in possession.
C.5. Control Zone Definitions:
a. Cape Flattery Control Zone: The area from Cape Flattery, WA
(48[deg]23[min]00[sec] N. lat.), to the northern boundary of the U.S.
EEZ; and the area from Cape Flattery, WA, south to Cape Alava, WA
(48[deg]10[min]00[sec] N. lat.), and east of 125[deg]05[min]00[sec] 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[min]35[sec] N. lat.,
124[deg]06[min]50[sec] W. long.) and the green lighted Buoy #7
(46[deg]15[min]09[sec] N. lat., 124[deg]06[min]16[sec] 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[min]00[sec] N. lat.,
124[deg]03[min]07[sec] 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[min]48[sec] N. lat., 124[deg]05[min]20[sec] 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[min]03[sec] N. lat., 124[deg]04[min]05[sec] 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[min]48[sec] N. lat. (approximately 6
nautical miles (11.1 km) north of the Klamath River mouth); on the
west, by 124[deg]23[min]00[sec] W. long. (approximately 12 nautical
miles (22.2 km) off shore); and, on the south, by 41[deg]26[min]48[sec]
N. lat. (approximately 6 nautical miles (11.1 km) south of the Klamath
River mouth).
C.6. Notification When Unsafe Conditions Prevent Compliance with
Regulations: If prevented by unsafe weather conditions or mechanical
problems from meeting special management area landing restrictions,
vessels must notify the U.S. Coast Guard and receive acknowledgment of
such notification prior to leaving the area. This notification shall
include the name of the vessel, port where delivery will be made,
approximate amount of salmon (by species) on board and the estimated
time of arrival.
C.7. Incidental Halibut Harvest: During authorized periods, the
operator of a vessel that has been issued an incidental halibut harvest
license may retain Pacific halibut caught incidentally in Area 2A while
trolling for salmon. Halibut retained must be no less than 32 inches
(81.3 cm) in total length, measured from the tip of the lower jaw with
the mouth closed to the extreme end of the middle of the tail, and must
be landed with the head on. License applications for incidental harvest
must be obtained from the International Pacific Halibut Commission
(IPHC) (phone 206-634-1838). Applicants must apply prior to April 1 of
each year. Incidental harvest is authorized only during May-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 41,464-lb. (18.8-mt) preseason allocation or
the total Area 2A non-Indian commercial halibut allocation, NMFS will
take inseason action to close the incidental halibut fishery.
Beginning May 1, license holders may land no more than 1 Pacific
halibut per each 3 Chinook, except 1 Pacific halibut may be landed
without meeting the ratio requirement, and no more than 35 halibut may
be landed per trip. Pacific halibut retained must be no less than 32
inches (81.3 cm) in total length (with head on).
A ``C-shaped'' yelloweye rockfish conservation area is an area to
be avoided for salmon trolling. NMFS and the Council request salmon
trollers voluntarily avoid this area in order to protect yelloweye
rockfish. The area boundary is defined in the Council Halibut Catch
Sharing Plan in the North Coast subarea (Washington marine area 3), by
straight lines connecting the

[[Page 26261]]

following coordinates in the order listed:

48[deg]18[min] N. lat.; 125[deg]18[min] W. long;
48[deg]18[min] N. lat.; 124[deg]59[min] W. long;
48[deg]11[min] N. lat.; 124[deg]59[min] W. long;
48[deg]11[min] N. lat.; 125[deg]11[min] W. long;
48[deg]04[min] N. lat.; 125[deg]11[min] W. long;
48[deg]04[min] N. lat.; 124[deg]59[min] W. long;
48[deg]00[min] N. lat.; 124[deg]59[min] W. long;
48[deg]00[min] N. lat.; 125[deg]18[min] W. long;
and connecting back to 48[deg]18[min] N. lat.; 125[deg]18[min] W. long.

C.8. Inseason Management: In addition to standard inseason actions
or modifications already noted under the season description, the
following inseason guidance is provided to NMFS:
a. Chinook remaining from the May through June non-Indian
commercial troll harvest guideline north of Cape Falcon, OR, may be
transferred to the July through September harvest guideline on a
fishery impact equivalent basis.
b. NMFS may transfer fish between the recreational and commercial
fisheries north of Cape Falcon, OR, if there is agreement among the
areas' representatives on the Salmon Advisory Subpanel.
c. At the March 2007 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November 2006).
d. If retention of unmarked coho is permitted in the area from the
U.S.-Canada border to Cape Falcon, OR, by inseason action, the
allowable coho quota will be adjusted to ensure preseason projected
mortality of critical stocks is not exceeded.
C.9. Consistent with Council management objectives:
a. The State of Oregon may establish additional late-season,
Chinook-only fisheries in state waters.
b. The State of California may establish limited fisheries in
selected state waters.
Check state regulations for details.
C.10. For the purposes of California Department of Fish and Game
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 2006 Ocean Salmon Fisheries

A. Season Description

North of Cape Falcon, OR

U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea)
June 30 through earlier of September 17 or a 7,058 marked coho
subarea quota with a subarea guideline of 3,200 Chinook (C.6). Open
Tuesday through Saturday. All salmon, except no chum retention August 1
through September 17, two fish per day, no more than one of which may
be a Chinook (Chinook 24-inch (61.0 cm) total length minimum size
limit) (B). All retained coho must be marked. See gear restrictions
(C.2). Beginning August 1, Chinook non-retention east of the Bonilla-
Tatoosh line (C.4.d) during Council managed ocean fishery. Inseason
management may be used to sustain season length and keep harvest within
the overall Chinook recreational TAC for north of Cape Falcon (C.4).
Cape Alava to Queets River, WA (La Push Subarea)
June 30 through earlier of September 17 or a 1,889 marked coho
subarea quota with a subarea guideline of 1,300 Chinook; Open Tuesday
through Saturday. September 23 through October 8 or a 50 marked coho
quota or 100 Chinook quota; in the area north of 47[deg]50[min]00[sec]
N. Lat. and south of 48[deg]00[min]00[sec] N. Lat. (C.5); open seven
days per week (C.6). All salmon, two fish per day, no more than one of
which may be a Chinook (Chinook 24-inch (61.0 cm) total length minimum
size limit) (B). All retained coho must be marked. See gear
restrictions (C.2). Inseason management may be used to sustain season
length and keep harvest within the overall Chinook recreational TAC for
north of Cape Falcon (C.4).
Queets River to Leadbetter Point, WA (Westport Subarea)
July 3 through earlier of September 17 or a 27,603 marked coho
subarea quota with a subarea guideline of 18,100 Chinook (C.6). Open
Sunday through Thursday. All salmon, two fish per day, no more than one
of which may be a Chinook (Chinook 24-inch (61.0 cm) total length
minimum size limit) (B). All retained coho must be marked. See gear
restrictions and definitions (C.2, C.3). Beginning August 1, Grays
Harbor Control Zone closed (C.4.b). Inseason management may be used to
sustain season length and keep harvest within the overall Chinook
recreational TAC for north of Cape Falcon (C.5).
Leadbetter Point to Cape Falcon, OR (Columbia River Subarea)
July 3 through earlier of September 30 or a 36,600 marked coho
subarea quota with a subarea guideline of 8,300 Chinook (C.6). Open
Sunday through Thursday. All salmon, two fish per day, no more than one
of which may be a Chinook (Chinook 24-inch (61.0 cm) total length
minimum size limit) (B). All retained coho must be marked with a healed
adipose fin clip. See gear restrictions and definitions (C.2, C.3).
Columbia Control Zone closed (C.4.a). Closed between Cape Falcon and
Tillamook Head beginning August 1. Inseason management may be used to
sustain season length and keep harvest within the overall Chinook
recreational TAC for north of Cape Falcon (C.5).

South of Cape Falcon, OR

Cape Falcon to Humbug Mountain, OR
Except as provided below during the selective fishery, the season
will be March 15 through October 31 (C.6). All salmon except coho. Two
fish per day (C.1). See gear restrictions and definitions (C.2, C.3).
Selective fishery: Cape Falcon to the Oregon-California Border.
June 17 through earlier of July 31 or a landed catch of 20,000 marked
coho, except that the area south of Humbug Mountain will close July 5-
31, concurrent with the KMZ season listed below. If quota remains,
September 1 through the earlier of September 6 or a landed catch of any
remaining quota from the June 17 through July 31 fishery. Open seven
days per week, all salmon, two fish per day (C.1). All retained coho
must be marked with a healed adipose fin clip.
Fishing in the Stonewall Bank groundfish conservation area
restricted to trolling only on days the all depth recreational halibut
fishery is open (see 71 FR 10850, March 3, 2006, and call the halibut
fishing hotline 1-800-662-9825 for additional dates) (C.3, C.4.e). Open
days may be adjusted inseason to utilize the available quota (C.5). All
salmon except coho seasons reopen the day following the closure of the
mark selective coho fishery.
In 2007, the season will open March 15 for all salmon except coho,
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8
cm) total length (B), and the same gear restrictions as in 2006 (C.2, C.3).

[[Page 26262]]

Humbug Mountain to Horse Mountain, CA (Klamath Management Zone)
Except as provided above during the selective fishery, the season
will be May 15 through July 4; and September 1-6 (C.6). All salmon
except coho, except as noted above in the coho mark selective fishery.
Chinook minimum size limit 24 inches (61.0 cm) total length (B). Open
seven days per week, two fish per day (C.1). See gear restrictions and
definitions (C.2, C.3). Klamath Control Zone closed in August (C.4.c).
See California State regulations for additional closures adjacent to
the Smith, Klamath, and Eel rivers.
Horse Mountain to Point Arena, CA (Fort Bragg)
February 18 through May 31; June 1-4, 7-11, 14-18, 21-25, 28-30;
July 1-9, 15-16, 22-23, 26-31; August 1 through November 12 (C.6). All
salmon except coho. Two fish per day (C.1). Chinook minimum size limit
20 inches (50.8 cm) total length (B). See gear restrictions and
definitions (C.2, C.3).
In 2007, season opens February 17 (nearest Saturday to February 15)
for all salmon except coho, two fish per day (C.1), Chinook minimum
size limit of 20 inches (50.8 cm) total length (B), and the same gear
restrictions as in 2006 (C.2, C.3).
Point Arena to Pigeon Point, CA (San Francisco)
April 1-30 inside 3 nm (5.6 km) (state waters only; C.6). May 1
through June 11; June 14 through July 9; July 12 through November 12
(C.6). All salmon except coho. Two fish per day (C.1). Chinook minimum
size limit 20 inches (50.8 cm) total length (B). See gear restrictions
and definitions (C.2, C.3).
In 2007, the season will open April 7 for all salmon except coho,
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8
cm) total length (B), and the same gear restrictions as in 2006 (C.2, C.3).
Pigeon Point to Point Sur (Monterey)
April 1-30 inside 3 nm (5.6 km) (state waters only; C.6). May 1
through September 24 (C.6). All salmon except coho. Two fish per day
(C.1). Chinook minimum size limit 20 inches (50.8 cm) total length (B).
See gear restrictions and definitions (C.2, C.3).
In 2007, the season will open April 7 for all salmon except coho,
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8
cm) total length (B), and the same gear restrictions as in 2006 (C.2, C.3).
Point Sur to U.S.-Mexico Border
April 1 through September 24 (C.6). All salmon except coho. Two
fish per day (C.1). Chinook minimum size limit 20 inches (50.8 cm)
total length (B). See gear restrictions and definitions (C.2, C.3).
In 2007, the season will open April 7 for all salmon except coho,
two fish per day (C.1), Chinook minimum size limit of 20 inches (50.8
cm) total length (B), and the same gear restrictions as in 2006 (C.2, C.3).
B. Minimum Size (Total Length in Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR................ 24.0 16.0 None.
Cape Falcon to Humbug Mt., CA........... 20.0 16.0 None.
Humbug Mt. to Horse Mt., CA............. 24.0 ........... None, except 20.0 off CA.
Horse Mt. to U.S.-Mexico Border......... 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.
Ocean Boat Limits: Off the coast of Washington, Oregon, and
California, each fisher aboard a vessel may continue to use angling
gear until the combined daily limits of salmon for all licensed and
juvenile anglers aboard has been attained (additional state
restrictions may apply).
C.2. Gear Restrictions: 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, CA: 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-
water fishery off Tillamook Bay, OR, may allow the use of barbed hooks
to be consistent with inside regulations.
b. Cape Falcon, OR, to Point Conception, CA: Anglers must use no
more than 2 single point, single shank, barbless hooks.
c. Horse Mountain to Point Conception, CA: 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.
C.3. Gear Definitions:
a. Recreational fishing gear defined: Angling tackle consisting of
a line with no more than one artificial lure or natural bait attached.
Off Oregon and Washington, the line must be attached to a rod and reel
held by hand or closely attended; the rod and reel must be held by hand
while playing a hooked fish. No person may use more than one rod and
line while fishing off Oregon or Washington. Off California, the line
must be attached to a rod and reel held by hand or closely attended.
Weights directly attached to a line may not exceed four pounds (1.8
kg). While fishing off California north of Point Conception, no person
fishing for salmon, and no person fishing from a boat with salmon on
board, may use more than one rod and line. Fishing includes any
activity which can reasonably be expected to result in the catching,
taking, or harvesting of fish.
b. 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.
c. 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.

[[Page 26263]]

C.4. 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[min]35[sec] N. lat.,
124[deg]06[min]50[sec] W. long.) and the green lighted Buoy #7
(46[deg]15[min]09[sec] N. lat., 124[deg]06[min]16[sec] 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[min]00[sec] N. lat.,
124[deg]03[min]07[sec] 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[min]48[sec] N. lat., 124[deg]05[min]20[sec] 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[min]03[sec] N. lat., 124[deg]04[min]05[sec] W. long.),
and then along the south jetty to the point of intersection with the
Buoy #10 line.
b. Grays Harbor Control Zone: The area defined by a line drawn from
the Westport Lighthouse (46[deg]53[min]18[sec] N. lat.,
124[deg]07[min]01[sec] W. long.) to Buoy #2 (46[deg]52[min]42[sec]
N. lat., 124[deg]12[min]42[sec] W. long.) to Buoy #3 (46[deg]55[min]00[sec]
N. lat., 124[deg]14[min]48[sec] W. long.) to the Grays Harbor north jetty
(46[deg]36[min]00[sec] N. lat., 124[deg]10[min]51[sec] W. long.).
c. Klamath Control Zone: The ocean area at the Klamath River mouth
bounded on the north by 41[deg]38[min]48[sec] N. lat. (approximately 6
nautical miles (11.1 km) north of the Klamath River mouth); on the
west, by 124[deg]23[min]00[sec] W. long. (approximately 12 nautical
miles (22.2 km) off shore); and, on the south, by 41[deg]26[min]48[sec]
N. lat. (approximately 6 nautical miles (11.1 km) south of the Klamath
River mouth).
d. Bonilla-Tatoosh Line: Defined as a line running from the western
end of Cape Flattery, WA, to Tatoosh Island Lighthouse
(48[deg]23[min]30[sec] N. lat., 124[deg]44[min]12[sec] W. long.) to the
buoy adjacent to Duntze Rock (48[deg]28[min]00[sec] N. lat.,
124[deg]45[min]00[sec] W. long.), then in a straight line to Bonilla
Point (48[deg]35[min]30[sec] N. lat., 124[deg]43[min]00[sec] W. long.)
on Vancouver Island, B.C.
e. Stonewall Bank Groundfish Conservation Area: The area defined by
the following coordinates in the order listed:

44[deg]37.46 N. lat.; 124[deg]24.92 W. long.;
44[deg]37.46 N. lat.; 124[deg]23.63 W. long.;
44[deg]28.71 N. lat.; 124[deg]21.80 W. long.;
44[deg]28.71 N. lat.; 124[deg]24.10 W. long.;
44[deg]31.42 N. lat.; 124[deg]25.47 W. long.;
and connecting back to 44[deg]37.46 N. lat.; 124[deg]24.92 W. long.

C.5. Inseason Management: Regulatory modifications may become
necessary inseason to meet preseason management objectives such as
quotas, harvest guidelines, and season duration. In addition to
standard inseason actions or modifications already noted under the
season description, the following inseason guidance is provided to NMFS:
a. Actions could include modifications to bag limits, or days open
to fishing, and extensions or reductions in areas open to fishing.
b. Coho may be transferred inseason among recreational subareas
north of Cape Falcon on an impact neutral basis to help meet the
recreational season duration objectives (for each subarea) after
conferring with representatives of the affected ports and the Council's
Salmon Advisory Subpanel (SAS) recreational representatives north of
Cape Falcon.
c. Chinook and coho may be transferred between the recreational and
commercial fisheries north of Cape Falcon on an impact neutral basis if
there is agreement among the representatives of the SAS.
d. If retention of unmarked coho is permitted in the area from the
U.S.-Canada border to Cape Falcon, OR, by inseason action, the
allowable coho quota will be adjusted to ensure preseason projected
mortality of critical stocks is not exceeded.
C.6. Additional Seasons in State Waters: Consistent with Council
management objectives, the States of Washington, Oregon, and California
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 2006 Ocean Salmon
Fisheries

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

A. Season Descriptions

U.S.-Canada Border to Cape Falcon, OR

May 1 through the earlier of June 30 or a 22,700 Chinook quota. All
salmon except coho. If the Chinook quota for the May-June fishery is
not fully utilized, the excess fish cannot be transferred into the
later all-salmon season. If the Chinook quota is exceeded, the excess
will be deducted from the later all-salmon season. See size limit (B)
and other restrictions (C).
July 1 through the earlier of September 15, or a 19,500 preseason
Chinook quota, or a 37,500 coho quota. All salmon. See size limit (B)
and other restrictions (C).
B. Minimum Size (Inches)

----------------------------------------------------------------------------------------------------------------
Chinook Coho
--------------------------------------------
Area (when open) and fishery Total Total Pink
length Head-off length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR
Commercial........................................... 24.0 18.0 16.0 12.0 None
Ceremonial and Subsistence........................... None None None None None
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in=61.0 cm, 18.0 in=45.7 cm, 16.0in=40.6 cm, and 12.0 in=30.5 cm.

C. Special Requirements, Restrictions, and Exceptions
C.1 Tribe and Area Boundaries: All boundaries may be changed to
include such other areas as may hereafter be authorized by a Federal
court for that tribe's treaty fishery.
MAKAH--Washington State Statistical Area 4B and that portion of the
FMA north of 48[deg]02[min]15[sec] N. lat. (Norwegian Memorial) and
east of 125[deg]44[min]00[sec] W. long.
QUILEUTE--That portion of the FMA between 48[deg]07[min]36[sec] N.
lat. (Sand Point) and 47[deg]31[min]42[sec] N. lat. (Queets River) and
east of 125[deg]44[min]00[sec] W. long.
HOH--That portion of the FMA between 47[deg]54[min]18[sec] N. lat.
(Quillayute River) and 47[deg]21[min]00[sec] N. lat. (Quinault River)
and east of 125[deg]44[min]00[sec] W. long.
QUINAULT--That portion of the FMA between 47[deg]40'06'' N. lat.
(Destruction Island) and 46[deg]53'18'' N. lat. (Point Chehalis) and
east of 125[deg]44'00'' W. long.
C.2 Gear restrictions:
a. Single point, single shank, barbless hooks are required in all
fisheries.
b. No more than 8 fixed lines per boat.
c. No more than four hand held lines per person in the Makah area
fishery

[[Page 26264]]

(Washington State Statistical Area 4B and that portion of the FMA north
of 48[deg]02'15'' N. lat. (Norwegian Memorial) and east of
125[deg]44'00'' W. long.)
C.3 Quotas:
a. The quotas include troll catches by the S'Klallam and Makah
tribes in Washington State Statistical Area 4B from May 1 through
September 15.
b. The Makah encounter rate study will occur between May 1 and
September 15. Salmon taken in the study by treaty Indian vessels will
be counted towards the overall treaty Indian troll quota.
c. The Quileute Tribe will continue a ceremonial and subsistence
fishery during the time frame of September 15 through October 15 in the
same manner as in 2004 and 2005. Fish taken during this fishery are to
be counted against treaty troll quotas established for the 2006 season
(estimated harvest during the October ceremonial and subsistence
fishery: 100 Chinook; 200 coho).
C.4 Area Closures:
a. The area within a 6-nautical mile (11.1-km) radius of the mouths
of the Queets River, WA (47[deg]31'42'' N. lat.) and the Hoh River, WA
(47[deg]45'12'' N. lat.) will be closed to commercial fishing.
b. A closure within 2-nautical miles (3.7 km) of the mouth of the
Quinault River, WA (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.

Section 4. Halibut Retention

Under the authority of the Northern Pacific Halibut Act, NMFS
promulgated regulations governing the Pacific halibut fishery which
appear at 50 CFR part 300, subpart E. On March 3, 2006, NMFS published
a final rule (71 FR 10850) to implement the International Pacific
Halibut Commission's (IPHC) recommendations, to announce fishery
regulations for U.S. waters off Alaska and fishery regulations for
treaty commercial and ceremonial and subsistence fisheries, some
regulations for non-treaty commercial fisheries for U.S. waters off the
West Coast, and approval of and implement the Area 2A Pacific halibut
Catch Sharing Plan and the Area 2A management measures for 2006. The
regulations and management measures provide that vessels participating
in the salmon troll fishery in Area 2A (all waters off the States of
Washington, Oregon, and California), which have obtained the
appropriate IPHC license, may retain halibut caught incidentally during
authorized periods in conformance with provisions published with the
annual salmon management measures. A salmon troller may participate in
the halibut incidental catch fishery during the salmon troll season or
in the directed commercial fishery targeting halibut, but not both.
The following measures have been approved by the IPHC, and
implemented by NMFS. 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 800-662-9825). 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) total length (with head on). The ODFW and WDFW will
monitor landings and, if they are projected to exceed the 41,464-lb.
(18.8-mt) salmon troll 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.
NMFS and the Council request that salmon trollers voluntarily avoid
a ``C-shaped'' yelloweye rockfish conservation area in order to protect
yelloweye rockfish. The area is defined in the Pacific Council Halibut
Catch Sharing Plan in the North Coast subarea (WA marine area 3) (See
Section 1.C.7. for the coordinates).

Section 5. Geographical Landmarks

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

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

Section 6. Inseason Notice Procedures

Actual notice of inseason management actions will be provided by a
telephone hotline administered by the Northwest Region, NMFS, 206-526-
6667 or 800-662-9825, and by U.S. Coast Guard Notice to Mariners
broadcasts. These broadcasts are announced on Channel 16 VHF-FM and
2182 KHz at frequent intervals. The announcements designate the channel
or frequency over which the Notice to Mariners will be immediately
broadcast. Inseason actions will also be filed with the Federal
Register as soon as practicable. Since provisions of these management
measures may be altered by inseason actions, fishermen should monitor
either the telephone hotline or Coast Guard broadcasts for current
information for the area in which they are fishing.
Classification
This notification of annual management measures is exempt from
review under Executive Order 12866.
The Assistant Administrator has determined that the measures
described in the preamble that deviate from the framework FMP and its
implementing regulations are necessary to respond to an emergency
situation and are consistent with the Magnuson-Stevens Act and other
applicable law. The measures falling under emergency authority of
section 305(c) of the Magnuson-Stevens Act (emergency rule) involve an
overall ocean harvest rate on Klamath River fall Chinook that will
result in a projected Klamath fall Chinook spawning escapement of
21,100, below the floor of 35,000 naturally spawning adults. Therefore,
it is necessary to amend those portions of the framework FMP and its
implementing regulations by emergency action pursuant to 16 U.S.C. 1855(c).
The provisions of 50 CFR 660.411 state that if, for good cause, an
action must be filed without affording a prior opportunity for public
comment, the measures will become effective; however, public comments
on the action will be received for a period of 15 days after the date
of publication in the Federal Register. NMFS will receive public
comments on this action until May 19, 2006. These regulations are being
promulgated under the authority of 16 U.S.C. 1855(c) and (d).

[[Page 26265]]

The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior
notice and opportunity for public comment, as such procedures are
impracticable.
The annual salmon management cycle begins May 1 and continues
through April 30 of the following year. May 1 was chosen because the
pre-May harvests constitute a relatively small portion of the annual
catch. The time-frame of the preseason process for determining the
annual modifications to ocean salmon fishery management measures
depends on when the pertinent biological data are available. Salmon
stocks are managed to meet annual spawning escapement goals or specific
exploitation rates. Achieving either of these objectives requires
designing management measures that are appropriate for the ocean
abundance predicted for that year. These pre-season abundance
forecasts, which are derived from the previous year's observed spawning
escapement, vary substantially from year to year, and are not available
until January and February because spawning escapement continues
through the fall.
The preseason planning and public review process associated with
developing Council recommendations is initiated in February as soon as
the forecast information becomes available. The public planning process
requires coordination of management actions of four states, numerous
Indian tribes, and the Federal Government, all of which have management
authority over the stocks. This complex process includes the affected
user groups, as well as the general public. The process is compressed
into a 2-month period which culminates at the April Council meeting at
which the Council adopts a recommendation that is forwarded to NMFS for
review, approval and implementation of fishing regulations effective on
May 1.
Providing opportunity for prior notice and public comments on the
Council's recommended measures through a proposed and final rulemaking
process would require 30 to 60 days in addition to the 2-month period
required for development of the regulations. Delaying implementation of
annual fishing regulations, which are based on the current stock
abundance projections, for an additional 60 days would require that
fishing regulations for May and June be set in the previous year
without knowledge of current stock status. Although this is currently
done for fisheries opening prior to May, relatively little harvest
occurs during that period (e.g., in 2005 less than 10 percent of
commercial and recreational harvest occurred prior to May 1). Allowing
the much more substantial harvest levels normally associated with the
May and June seasons to be regulated in a similar way would impair
NMFS' ability to protect weak and ESA listed stocks and provide harvest
opportunity where appropriate.
Overall, the annual population dynamics of the various salmon
stocks require managers to vary the season structure of the various
West Coast area fisheries to both protect weaker stocks and give
fishers access to stronger salmon stocks, particularly hatchery
produced fish. Failure to implement these measures immediately could
compromise the status of certain stocks, or result in foregone
opportunity to harvest stocks whose abundance has increased relative to
the previous year thereby undermining the purpose of this agency
action. For example, the 2006 forecast ocean abundance for KRFC
requires closing the commercial seasons from Cape Falcon to Humbug
Mountain, OR, in May, where these areas were open in May during the
2005 season. Without these, and similar restrictions in other areas in
2006, the projected KRFC natural spawning escapement would be even
lower, which would increase the risk of jeopardizing the capacity of
the fishery to produce maximum sustained yield on a continuing basis.
In addition, in the commercial fishery north of Cape Falcon, the
fishing periods are shorter and the landing and possession limits are
lower in May in 2006 than they were in 2005 in order to protect LCR
coho and Chinook stocks. 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 AA also finds that good cause exists under 5 U.S.C. 553(d)(3),
to waive the 30-day delay in effectiveness of this final rule. As
previously discussed, data are not available until February and
management measures not finalized until early April. 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, such as the KRFC, 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 is also posting the regulations on both of
its West Coast regional Web sites at http://www.nwr.noaa.gov
and http://swr.nmfs.noaa.gov . NMFS is also advising
the States of Washington, Oregon, and California on the new management
measures. These states announce the seasons for applicable state and
Federal fisheries through their own public notification systems.
This action contains collection-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 27 ESUs of salmonids on the West Coast.
As the listings have occurred, NMFS has conducted formal ESA section 7
consultations and issued biological opinions, and made determinations
under section 4(d) of the ESA (Table 1), 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.

[[Page 26266]]

Table 1.--NMFS' Endangered Species Act Consultations and Section 4(d)
Determinations Related to Ocean Fisheries Implemented Under the Salmon
FMP and Duration of the Proposed Action Covered by Each
------------------------------------------------------------------------
Evolutionarily significant unit
Date covered and effective 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....................... Hood Canal summer chum 4(d) limit
and associated biological
opinion (until reinitiated).
April 30, 2001....................... Upper Willamette River Chinook,
Upper Columbia River spring
Chinook, Ozette Lake sockeye,
ten steelhead ESUs, Columbia
River chum (until reinitiated).
April 27, 2004....................... Sacramento River winter Chinook
(until 2010).
April 29, 2004....................... Puget Sound Chinook and Lower
Columbia River Chinook (until
reinitiated).
April 27, 2006....................... Lower Columbia River coho (April
30, 2007).
------------------------------------------------------------------------

Associated with the biological opinions are incidental take
statements that specify the level of take that is expected. Some of the
biological opinions have concluded that implementation of the Salmon
FMP is not likely to jeopardize the continued existence of certain
listed salmonid ESUs and provide incidental take statements. Other
biological opinions 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, and provided an incidental take statement for the
reasonable and prudent alternative.
In a March 6, 2006, letter to the Council, NMFS provided the
Council with ESA consultation standards and guidance for the management
of stocks listed under the ESA. These management measures are
consistent with the biological opinions that find no jeopardy, with the
reasonable and prudent alternatives in the jeopardy biological
opinions, and with the terms of the state and Tribal RMPs.
Southern resident killer whales were recently listed as endangered
under the ESA effective February 16, 2006. NMFS has initiated a Section
7 consultation regarding the effects of Council salmon fisheries on
southern resident killer whales. NMFS expects to complete a ESA section
7 consultation by June 2006. In the event that the review suggests that
further constraints in the 2006 fisheries are necessary, appropriate
corrections will be made by NMFS through inseason action.

Authority: 16 U.S.C. 773-773k; 1801 et seq.

List of Subjects in 50 CFR Part 660

Administrative practice and procedure, Fisheries, Fishing, Indians.

Dated: April 28, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.

? For the reasons set out in the preamble, 50 CFR part 660 is amended as
follows:

PART 660--FISHERIES OFF WEST COAST STATES

? 1. The authority citation for part 660 continues to read as follows:

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

? 2. In Sec. 660.410, paragraphs (a) and (b)(1) are suspended and
paragraphs (b)(4) and (d) are added to read as follows:

Sec. 660.410 Conservation objectives.

* * * * *
(b) * * *
(4) A comprehensive technical review of the best scientific
information available provides conclusive evidence that, in the view of
the Council, the Scientific and Statistical Committee, and the Salmon
Technical Team, justifies modification of a conservation objective.
* * * * *
(d) The conservation objectives are summarized in Table 3-1 of the
Pacific Coast Salmon Plan, except that in 2006, the Klamath River fall
Chinook will not be managed to meet the spawning escapement floor.
Klamath River fall Chinook will be managed to protect its long-term
productivity.

[FR Doc. 06-4179 Filed 4-28-06; 5:05 pm]
BILLING CODE 3510-22-P

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