FR Doc 04-10209

[Federal Register: May 5, 2004 (Volume 69, Number 87)]
[Rules and Regulations]
[Page 25026-25036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my04-26]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 040429135-4135-01; I.D. 042204G]
RIN 0648-AS03

Fisheries Off West Coast States and in the Western Pacific; West
Coast Salmon Fisheries; 2004 Management Measures

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

ACTION: Final rule; annual management measures for the ocean salmon
fishery; request for comments.

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SUMMARY: NMFS establishes fishery management measures for the 2004
ocean salmon fisheries off Washington, Oregon, and California and the
2005 salmon seasons opening earlier than May 1, 2005. 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: Effective from 0001 hours Pacific Daylight Time, May 1, 2004,
until the effective date of the 2005 management measures, as published
in the Federal Register. Comments must be received by May 20, 2004.

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 can also be submitted via e-mail at the
2004oceansalmonregs.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 [docket number and/or
RIN number] in the subject line of the message.
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, and are posted on its website
(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 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: 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 2004 and pre-May 2005 ocean
salmon fisheries were recommended by the Pacific Fishery Management
Council (Council) at its April 5 to 9, 2004, meeting.

Schedule Used to Establish 2004 Management Measures

The Council announced its annual preseason management process for
the 2004 ocean salmon fisheries in the Federal Register on January 6,
2004 (69 FR 629). 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 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 2004 and pre-May 2005 ocean
salmon fishery became available. The first report, ``Review of 2003
Ocean Salmon Fisheries'' (REVIEW), summarizes biological and socio-
economic data for the 2003 ocean salmon fisheries and assesses how well
the Council's 2003 management objectives were met. The second report,
``Preseason Report I Stock Abundance Analysis for 2004 Ocean Salmon
Fisheries'' (PRE I), provides the 2004 salmon stock abundance
projections and analyzes the impacts on the stocks and Council
management goals if the 2003 regulations and regulatory procedures were
applied to the projected 2004 stock abundances. The completion of PRE I
is the initial step in the evaluating the full suite of preseason
options.
The Council met in Tacoma, WA from March 8 to 12, 2004, to develop
2004 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

[[Page 25027]]

Report II Analysis of Proposed Regulatory Options for 2004 Ocean Salmon
Fisheries,'' which analyzes the effects of the proposed 2004 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 29, 2004, in Westport, WA and
Coos Bay, OR; and March 30, 2004, in Fort Bragg, 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 5 to 9, 2004, in Sacramento, CA, to
adopt its final 2004 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 2004 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 website (http://www.pcouncil.org).

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 listing have occurred, NMFS has conducted formal ESA section 7
consultations, 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 that specify the level of take exempted from
the section 9 prohibitions of the ESA. 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 have
provided 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.
In a March 5, 2004, 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 2004 management
season in order to ensure that the Council recommendations comply with
the ESA.
Estimates of the 2003 spawning escapements for key stocks managed
under the Salmon FMP and preseason estimates of 2004 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.
Snake River wild 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 Council's 2004
recommended fisheries, combined with expected impacts in Southeast
Alaska and Canada fisheries, have an estimated age 3/4 AEQ exploitation
rate that is 70 percent of that observed during the 1988-1993 base
period. In the last few years Snake River wild fall chinook have not
been a limiting factor in formulating Council fisheries, primarily
because of low anticipated Canadian impacts. However, with some West
Coast chinook stocks increasing in abundance, Canadian catch
restrictions, especially in troll fisheries, have eased. The 2003
Canadian fisheries caught twice as many chinook as was anticipated
preseason. In 2004, the major Canadian troll fisheries are anticipated
to land their Total Allowable Catch as allowed under the Pacific Salmon
Treaty. As a result, the Canadian portion of the Snake River fall
chinook age 3/4 AEQ exploitation rate is predicted to increase
substantially. This increase in impact on Snake River fall chinook was
a major constraint on fisheries north of Cape Falcon, OR.
This is the fifth 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 of 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
must recommend fisheries in the ocean that satisfy the requirement that
the combined fisheries not appreciably reduce the likelihood of
survival and recovery of the ESU. NMFS estimated that the exploitation
rates from Council-managed fisheries on Puget Sound chinook populations
will range from zero to 3 percent. 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 must be accounted for as part of an overall
review.
In May 2003, NMFS exempted fishery activities conducted in
accordance with a Resource Management Plan (RMP) submitted under Limit
6 of the 4(d) rule (65 FR 42422, 66 FR 31603) from ESA section 9 take
prohibitions. This RMP will expire on May 1 of this year. NMFS is
currently evaluating another RMP provided by the Washington Department
of Fish and Wildlife and the Puget Sound Treaty tribes for the 2004-
2009 fishing years. NMFS has concluded, preliminarily, that the RMP
poses no jeopardy to the Puget Sound chinook ESU. NMFS' preliminary
conclusions regarding the proposed RMP have been released and are
currently available for public review. A biological opinion was issued
on April 29, 2004, that covers the effects of the 2004 Council area
fisheries on Puget Sound chinook salmon. The biological opinion
concludes that the ocean salmon fishery is not likely to jeopardize the
Puget Sound chinook ESU.
Sacramento River winter chinook are listed as endangered under the
ESA. The Council's recommended management measures meet NMFS'

[[Page 25028]]

requirements for the stock established through the ESA section 7
consultation process.
Although management concerns for ESA listed stocks were a primary
consideration in preseason planning, the conservation objectives of
other stocks also constrained fishing in certain areas. The forecast
September 1, 2003 (preseason) ocean abundance of Klamath River fall
chinook salmon is 72,100 age-3 fish, 134,500 age-4 fish, and 9,700 age-
5 fish. The forecast abundance requires certain reductions in 2004
commercial fishing opportunity south of Cape Falcon, OR, relative to
the 2003 seasons, in order to achieve the conservation objective of
35,000 natural Klamath River fall chinook adult spawners.
The Canadian Department of Fisheries and Oceans forecast that the
abundance of Interior Fraser (Thompson River) coho in Canada for 2004
to be in the low status category. As a result, U.S. fisheries under the
Southern Coho Management Plan, adopted by the Pacific Salmon Commission
in February 2002, were constrained to an exploitation rate no greater
than 10 percent. The development of coho fisheries north of Cape
Falcon, OR was greatly influenced by the need to meet this obligation
of the Pacific Salmon Treaty.

Management Measures for 2004 Fisheries

The Council recommended ocean harvest levels and management
measures for 2004 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 and 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 2004 management measures have a
substantially lower chinook quota and slightly lower coho quota
relative to the 2003 season. The total allowable catch for 2004 is
89,000 chinook and 270,000 coho; these fisheries are restricted to
protect depressed Lower Columbia River wild coho, Washington coastal
coho, Puget Sound coho, Oregon Coastal Natural (OCN) coho, Interior
Fraser coho, and Snake River fall chinook. Washington coastal and Puget
Sound chinook generally migrate to the far north and are affected
insignificantly by ocean harvests from Cape Falcon, OR to the U.S.-
Canada border. 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 three years.
South of Cape Falcon, OR the retention of coho is prohibited,
except for a recreational selective fishery off Oregon with a 75,000-
fish quota of marked hatchery coho. This year's selective fishery
includes the southern coastal area of Oregon, which has not had any
directed coho fishery since 1993. The Council's recommendations are
below the 15-percent exploitation rate permitted under Amendment 13 to
protect OCN coho stocks, with an expected 14.7-percent OCN coho
exploitation rate. The expected ocean exploitation rate for Rogue/
Klamath coho is 8.6 percent, and is also below its exploitation rate
limit of 13 percent. Chinook fisheries off Oregon and California are
constrained to meet the conservation objective of Klamath River fall
chinook and the ESA consultation standards for Sacramento River winter
chinook.
The 2004 management measures have a new definition that describes
ocean ``boat limits'' in the recreational fishery. The provision allows
each fisher aboard a vessel off the coast of Washington, Oregon, and
California to continue to use angling gear until the combined daily
limits of salmon for all licensed and juvenile anglers aboard has been
attained. The purpose of this provision is to make Federal regulations
consistent with the regulations of the above states. Washington has had
a boat limit provision in place for a number of years, but Oregon and
California have recently adopted such limits. The specific requirements
are different in each state, but the intent is similar. Anglers should
be aware that additional state restrictions may apply, in addition to
the Federal regulation. Therefore, anglers should consult the specific
regulations of their state for the exact language.

Treaty Indian Fisheries

The treaty-Indian commercial troll fishery quota is 49,000 chinook
in ocean management areas and Washington State Statistical Area 4B
combined. This quota is lower than the 60,000 chinook quota in 2003.
The fisheries include a chinook-directed fishery in May and June (under
a quota of 22,500 chinook) and an all-salmon season beginning in July
with a 26,500 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 75,000 coho, a
decrease from the 90,000 coho quota in 2003.

Management Measures for 2005 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 2005 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, CA to the U.S.-Mexico Border and
the commercial troll seasons from Cape Falcon, OR to the Oregon-
California Border will open in 2005 as indicated in the Season
Description section. At the November 2004 meeting, the Council may
consider inseason recommendations to adjust commercial and recreational
salmon seasons prior to May 1 in areas off Oregon south of Cape Falcon.
At the March 2005 meeting, the Council may consider inseason
recommendations to open commercial seasons for all salmon, except for
coho, prior to May 1 in areas off California between Horse Mountain and
Point Arena, CA and identify the areas, season, quota, and special
regulations for any experimental April fisheries, which may be proposed
at the Council's November 2004 meeting.

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 2004 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. Inseason actions will
also be filed with the Federal Register as soon as practicable.
The following are the management measures recommended by the
Council and approved and implemented here for 2004 and, as specified,
for 2005.

[[Page 25029]]

Section 1. Commercial Management Measures for 2004 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, OR
May 1 through earlier of June 30 or 29,800 chinook quota. The
fishery will be managed to provide a remaining quota of 500 chinook for
a June 26 through 30 open period with a 50-fish, per vessel, landing
limit for the 5-day open period. All salmon except coho (C.7). Cape
Flattery, CA and Columbia Control Zones closed (C.5). See gear
restrictions and definitions (C.2, C.3). Washington permitted vessels
must land their fish within the area and within 24 hours of any closure
of this fishery. Oregon permitted vessels must land their fish within
the area or in Garibaldi, OR and within 24 hours of any closure of this
fishery. State regulations require Oregon licensed limited fish sellers
and fishers intending to transport and deliver their catch outside the
area to notify Oregon Department of Fish and Wildlife (ODFW) one hour
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, 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 8 through earlier of September 15 or 14,700 preseason chinook
guideline or a 67,500 coho quota (C.8). The 67,500 coho quota includes
a subarea quota of 8,000 coho for the area between the U.S.-Canada
border and the Queets River, WA. Fishery is open Thursday through
Monday prior to August 11, and Wednesday through Sunday thereafter.
Landing and possession limit of 125 chinook per vessel per five-day
open period. An inseason conference call may occur no later than August
10 to consider reducing the landing and possession limit beginning
August 11. All salmon, except no chum retention north of Cape Alava,
WA, in August and September (C.7). All retained coho must have a healed
adipose fin clip. An inseason conference call may occur to consider
allowing retention of all legal sized coho between Cape Falcon, OR and
the Queets River, WA no earlier than September 1. Cape Flattery and
Columbia Control Zones closed (C.5). See gear restrictions and
definitions (C.2, C.3). Washington permitted vessels must land their
fish within the area, and within 24 hours of any closure of this
fishery. Oregon permitted vessels must land their fish within the area
or in Garibaldi, OR, and within 24 hours of any closure of this
fishery. State regulations require Oregon licensed limited fish sellers
and fishers intending to transport and deliver their catch outside the
area to notify ODFW one hour 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, location of
delivery, and estimated time of delivery. Trip limits, gear
restrictions, and guidelines may be implemented or adjusted inseason
(C.8).

South of Cape Falcon, OR

Cape Falcon to Florence South Jetty, OR
March 15 through June 30; July 7 through 12; July 19 through 27;
August 1 through 14; August 19 through 24; and September 1 through
October 31 (C.9). All salmon except coho (C.7). Chinook 26 inch (66.0
cm) total length minimum size limit prior to May 1, 27 inches (68.6 cm)
total length May 1 through September 30, and 28 inches (71.1 cm) total
length October 1 through 31 (B). 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 2005, the season will open March 15 for all salmon except coho,
with a 27 inch (68.6 cm) total length chinook minimum size limit. This
opening could be modified following Council review at its November 2004
meeting.
Florence South Jetty to Humbug Mountain, OR
March 15 through July 6; July 13 through 18; July 26 through 29;
August 1 through 8; August 15 through 22; August 26 through 29; and
September 1 through October 31 (C.9). All salmon except coho (C.7).
Chinook 26 inch (66.0 cm) total length minimum size limit prior to May
1, 27 inches (68.6 cm) total length May 1 through September 30, and 28
inches (71.1 cm) total length October 1 through 31 (B). See gear
restrictions and definitions (C.2, C.3).
In 2005, the season will open March 15 for all salmon except coho,
with a 27 inch (68.6 cm) total length chinook minimum size limit. This
opening could be modified following Council review at its November 2004
meeting.
Humbug Mountain, OR, to Oregon-California Border
March 15 through May 31. June 1 through earlier of June 30 or 2,600
chinook quota; July 1 through earlier of July 31 or 1,600 chinook
quota; August 1 through earlier of August 29 or 2,500 chinook quota;
September 1 through earlier of September 30 or 3,000 chinook quota
(C.9). All salmon except coho. Chinook 26 inch (66.0 cm) total length
minimum size limit prior to May 1, 27 inches (68.6 cm) total length May
1 through August 29, and 28 inches (71.1 cm) total length September 1
through 30. No transfer of remaining quota from earlier fisheries
allowed (C.9). Possession and landing limit of 50 fish per trip, per
vessel June 1 through August 31, and 65 fish per trip per vessel in
September. See gear restrictions and definitions (C.2, C.3). For
seasons from June 1 through September 30, vessels must land their fish
in Gold Beach, Port Orford, or Brookings, Oregon, and within 24 hours
of closure. State regulations require fishers intending to transport
and deliver their catch to other locations after first landing in one
of these ports to notify ODFW prior to transport away from the port of
landing by calling 541-867-0300, ext. 271, with vessel name and number,
number of salmon by species, location of delivery, and estimated time
of delivery.
In 2005 the season will open March 15 for all salmon except coho,
with a 27 inch (68.6 cm) total length minimum size limit. This opening
could be modified following Council review at its November 2004
meeting.
Oregon-California Border to Humboldt South Jetty
September 1 through earlier of September 30 or 6,000 chinook quota.
All salmon except coho. Chinook minimum size limit of 28 inches (71.1
cm) total length. Possession and landing limit of 30 fish per day per
vessel. All fish caught in this area must be landed within the area.
See compliance requirements (C.1), and gear restrictions and
definitions (C.2, C.3). Klamath Control Zone closed (C.5.). When the
fishery is closed between the OR-CA border and Humbug Mountain, OR and
open to the south, vessels with fish on board caught in the open area
off

[[Page 25030]]

California may seek temporary mooring in Brookings, OR, prior to
landing in California only if such vessels first notify the Chetco
River Coast Guard Station via VHF channel 22A between the hours of 0500
and 2200 and provide the vessel name, number of fish on board, and
estimated time of arrival.
Horse Mountain to Point Arena, CA (Fort Bragg)
July 10 through August 29; September 1 through 30. All salmon
except coho. Chinook minimum size limit of 27 inches (68.6 cm) total
length through August 31; 28 inches (71.1 cm) total length September 1
through 30. Vessels must land and deliver their fish within 24 hours of
any closure of this fishery. See gear restrictions and definitions
(C.2, C.3).
Point Arena, CA to U.S.-Mexico Border
May 1 through August 29; September 1 through 30. All salmon except
coho. Chinook minimum size limit 26 inches (66.0 cm) total length prior
to July 1 and 27 inches (68.6 cm) total length beginning July 1 through
September 30. Vessels must land and deliver their fish within 24 hours
of any closure of this fishery. See gear restrictions and definitions
(C.2, C.3).
Point Reyes to Point San Pedro, CA
October 1; October 4 through 8; and October 11 through 15. All
salmon except coho. Chinook minimum size limit 26 inches (66.0 cm)
total length. See gear restrictions and definitions (C.2, C.3).

B. Minimum Size (Inches) (See C.1)

--------------------------------------------------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------------------- Pink
Total Length Head-off Total Length Head-off
--------------------------------------------------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR................................. 28.0 21.5 16.0 12.0 None
C. Falcon to Humbug Mt., OR ................. ................. ................. ................. .................
Prior to May 1.......................................... 26.0 19.5 - - None
May 1- September 30..................................... 27.0 20.5 - - None
October 1-31............................................ 28.0 21.5 - - None
Beginning March 15, 2005................................ 27.0 20.5 - - None
Humbug Mt., OR, to OR-CA Border ................. ................. ................. ................. .................
Prior to May 1.......................................... 26.0 19.5 - - None
May 1-August 31......................................... 27.0 20.5 - - None
September 1-30.......................................... 28.0 21.5 - - None
Beginning March 15, 2005................................ 27.0 20.5 - - None
OR/CA Border to Pt. Arena, CA ................. ................. ................. ................. .................
July 1-August 31........................................ 27.0 20.5 - - None
September 1-30.......................................... 28.0 21.5 - - None
Pt. Arena, CA, to US-Mexico Border ................. ................. ................. ................. .................
May 1-June 30........................................... 26.0 19.5 - - None
July 1-September 30..................................... 27.0 20.5 - - None
October 1-15............................................ 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, 19.5 in=49.5 cm, 16.0in=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 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. 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]23'00'' 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]10'00''
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.

[[Page 25031]]

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.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's
(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 44,554-lb (20.2-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 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).
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), with
the following coordinates in the order listed:
48[deg]18' N. lat.; 125[deg]18' W. long;
48[deg]18' N. lat.; 124[deg]59' W. long;
48[deg]11' N. lat.; 124[deg]59' W. long;
48[deg]11' N. lat.; 125[deg]11' W. long;
48[deg]04' N. lat.; 125[deg]11' W. long;
48[deg]04' N. lat.; 124[deg]59' W. long;
48[deg]00' N. lat.; 124[deg]59' W. long;
48[deg]00' N. lat.; 125[deg]18' W. long;
and connecting back to 48[deg]18' N. lat.; 125[deg]18' 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 2005 meeting, the Council will consider inseason
recommendations for special regulations for any experimental fisheries
(proposals must meet Council protocol and be received in November
2004).
C.9. 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.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 2004 Ocean Salmon
Fisheries

A. Season Description

North of Cape Falcon, OR

U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea)
June 27 through earlier of September 19 or 21,050 coho subarea
quota, with a subarea guideline of 3,700 chinook. Seven days per week.
All salmon, except no chum retention August 1 through September 19, two
fish per day (C.1), no more than one of which may be a chinook (chinook
26 inch (66.0 cm) total length minimum size limit)(B). All retained
coho must have a healed adipose fin clip. See gear restrictions and
definitions (C.2, C.3). Beginning August 1, chinook non-retention east
of the Bonilla-Tatoosh line (C.4.c) during the Council managed ocean
salmon fishery. Inseason management may be used to sustain season
length and keep harvest within the overall recreational quota for north
of Cape Falcon, OR (C.5).
Cape Alava to Queets River, WA (La Push Subarea)
June 27 through earlier of September 19 or 5,200 coho subarea quota
with a subarea guideline of 1,900 chinook; September 25 through October
10 or 100 coho quota or 100 chinook quota in the area north of
47[deg]50'00 N. lat. and south of 47[deg]58'00'' N. lat. in state
waters (inside three nautical miles) (C.6). Seven days per week. All
salmon, two fish per day (C.1), no more than one of which may be a
chinook (chinook 26 inch (66.0 cm) total length minimum size limit)(B).
All retained coho must have a healed adipose fin clip. See gear
restrictions and definitions (C.2, C.3). Inseason management may be
used to sustain season length and keep harvest within the overall
chinook recreational quota for north of Cape Falcon (C.5).
Queets River to Leadbetter Point, WA (Westport Subarea)
June 27 through earlier of September 19 or 74,900 coho subarea
quota with a subarea guideline of 30,800 chinook. Sunday through
Thursday, except there may be a conference call no later than July 28
to consider opening seven days per week. All salmon, two fish per day
(C.1), no more than one of which may be a chinook (chinook 26 inch
(66.0 cm) total length minimum size limit)(B). All retained coho must
have a healed adipose fin clip. See gear restrictions and definitions
(C.2, C.3). Inseason management may be used to sustain season length
and keep harvest within

[[Page 25032]]

the overall chinook recreational quota for north of Cape Falcon, OR
(C.5).
Leadbetter Point, WA to Cape Falcon, OR (Columbia River Subarea)
June 27 through earlier of September 30 or 101,250 coho subarea
quota with a subarea guideline of 8,000 chinook. Sunday through
Thursday, except there may be a conference call no later than July 28
to consider opening seven days per week. All salmon, two fish per day
(C.1), no more than one of which may be a chinook (chinook 26 inch
(66.0 cm) total length minimum size limit)(B). All retained coho must
have 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 (45[deg]56'45'' N. lat.) beginning August 1.
Inseason management may be used to sustain season length and keep
harvest within the overall chinook recreational quota for north of Cape
Falcon, OR (C.5).
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).
In 2005 the season will open March 15 for all salmon except coho.
Two fish per day (C.1). Same gear restrictions as in 2004. This opening
could be modified following Council review at its November 2004
meeting.
Selective fishery for marked coho: Cape Falcon, OR to Oregon-
California Border - June 19 through earlier of August 31 or a landed
catch of 75,000 coho. Open seven days per week, all salmon, two fish
per day (C.1). All retained coho must have a healed adipose fin clip.
Open days may be adjusted inseason to utilize the available quota
(C.5). All salmon except coho seasons reopen the earlier of September 1
or attainment of the coho quota.
Humbug Mountain, OR to Horse Mountain, CA (Klamath Management Zone)
Except as provided above during the selective fishery, the season
will be May 15 through September 12 (C.6). All salmon except coho.
Seven days per week, two fish per day (C.1). See gear restrictions and
definitions (C.2, C.3). Klamath Control Zone closed August 1 through 31
(C.4.b).
Horse Mountain to Point Arena, CA (Fort Bragg)
February 14 through November 14. All salmon except coho. Two fish
per day (C.1). Chinook minimum size limit 24 inches (61.0 cm) total
length through April 30, and 20 inches (50.8 cm) total length
thereafter (B). See gear restrictions and definitions (C.2, C.3).
In 2005, season opens February 12 (nearest Saturday to February 15)
for all salmon except coho. Two fish per day (C.1), chinook minimum
size limit 20 inches (50.8 cm) total length, and the same gear
restrictions as in 2004.
Point Arena to Pigeon Point, CA (San Francisco)
April 17 through November 14. All salmon except coho. Two fish per
day (C.1). Chinook minimum size limit 24 inches (61.0 cm) total length
through April 30, and 20 inches (50.8 cm) total length thereafter (B).
See gear restrictions and definitions (C.2, C.3).
In 2005, the season will open April 2 for all salmon except coho.
Two fish per day (C.1), chinook 20 inch (50.8 cm) total length minimum
size limit, and the same gear restrictions as in 2004.
Pigeon Point, CA, to U.S.-Mexico Border
April 3 through October 3. All salmon except coho. Two fish per day
(C.1). Chinook minimum size limit 24 inches (61.0 cm) total length
through April 30, and 20 inches (50.8 cm) total length thereafter (B).
See gear restrictions and definitions (C.2, C.3).
In 2005, the season will open April 2 for all salmon except coho.
Two fish per day (C.1), chinook 20 inch (50.8 cm) total length minimum
size limit, and the same gear restrictions as in 2004.

B. Minimum Size (Total Length in Inches) (See C.1)

----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR....... 26.0 16.0 None
Cape Falcon, OR, to Horse Mt., 20.0 16.0 None, except 20.0 off CA
CA............................
S. of Horse Mt., CA, prior to 24.0 - 20.0
May 1.........................
S. of Horse Mt., CA, beginning 20.0 - 20.0
May 1.........................
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 26.0 in=66.0 cm, 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

[[Page 25033]]

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.
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]13'35'' 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. Bonilla-Tatoosh Line: Defined as a line running from the western
end of Cape Flattery, WA 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, B.C.
C.5. 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, OR 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, OR.
C.6. Additional Seasons in State 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 2004 Ocean Salmon
Fisheries

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

A. Season Descriptions

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

May 1 All except 24 - ..................
through coho ............. ........... ..................
HOH - That portion of the FMA earlier of ............. ............. ........... Barbless hooks. No
between 47[deg]54'18'' N. lat. June 30 or ............. ............. ........... more than 8 fixed
(Quillayute River) and chinook ............. 24 16 lines per boat.
47[deg]21'00'' N. lat. (Quinault quota. All ..................
River) and east of July 1
125[deg]44'00'' W. long. through
earliest of
September 15
or chinook
or coho
quota.

[[Page 25034]]

May 1 All except 24 - ..................
through coho ............. ........... ..................
QUINAULT - That portion of the FMA earlier of ............. ............. ........... Barbless hooks. No
between 47[deg]40'06'' N. lat. June 30 or ............. ............. ........... more than 8 fixed
(Destruction Island) and chinook ............. 24 16 lines per boat.
46[deg]53'18'' N. lat. (Point quota. All ..................
Chehalis) and east of July 1
125[deg]44'00'' W. long. through
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. There are no
minimum size or retention limits for ceremonial and subsistence
harvest.
B.3. 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. 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.

C. Quotas

C.1. The overall treaty Indian troll ocean quotas are 49,000
chinook and 75,000 coho. The overall chinook quota is divided into
22,500 chinook in the May-June chinook-directed fishery, and 26,500
chinook in 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 15. If the
treaty Indian troll catch taken from areas 4-4B is projected inseason
to exceed 55,000 coho, the total treaty Indian troll quota will be
adjusted to ensure the exploitation rate impact of the treaty Indian
troll fishery on Interior Fraser coho does not exceed the level
anticipated under the assumptions employed for impact assessment. The
Quileute Tribe will continue a ceremonial and subsistence fishery
during the time frame of September 15 through October 15; fish taken
during this fishery are to be counted against treaty troll quotas
established for the 2004 season.

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 February 27, 2004, NMFS
published a final rule (69 FR 9231) to implement the International
Pacific Halibut Commission's (IPHC) recommendations, to announce
approval of the Area 2A CSP, and to announce fishery regulations for
U.S. waters off Alaska and fishery regulations for treaty commercial
and ceremonial and subsistence fisheries and some regulations for non-
treaty commercial fisheries for U.S. waters off the West Coast. In
addition, a final rule to implement Area 2A Pacific halibut CSP and the
Area 2A management measures for 2004, effective May 1, 2004, was filed
on April 29, 2004, for publication in the Federal Register on May 3,
2004. 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 800-622-9825). 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) total length. The ODFW and WDFW will monitor
landings and, if they are projected to exceed the 44,554-lb (20.2-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.
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.

[[Page 25035]]

Point San Pedro, CA; 37[deg]35'40'' N. lat.
Pigeon Point, CA; 37[deg]11'00'' 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 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 for 15 days after the date of publication of
this action in the Federal Register. These regulations are being
promulgated under the authority of 16 USC 1855(d).
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 prior notice and
opportunity for public comment is 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 2003 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 2004 forecast ocean abundance for Klamath
River fall chinook requires a reduction in the total commercial season
length between Horse Mountain and Point Arena, CA from 118 days
permitted in 2003 to 82 days in 2004. The reduction in time was
accomplished largely by closing the fishery during the month of May.
North of Cape Falcon, OR the estimated chinook ocean abundance for 2004
is up slightly from last year. However, impacts in the Canadian
commercial fishery are expected to increase substantially from the 2003
preseason forecasts. The May-June commercial troll fishery chinook
quota for 2004 is 29,800, compared to 40,000 in 2003. The commercial
Treaty troll fishery in May-June was reduced from 30,000 in 2003 to
22,500 in 2004. Requiring 2004 fisheries north of Cape Falcon, OR to
operate under the 2003 regulations would compromise the status of
certain stocks, including, for example, Snake River fall chinook. NMFS
ESA consultation standard for Snake River fall chinook requires a 30
percent reduction in impacts for all ocean fisheries, including Alaska
and Canada, relative to the 1988-1993 base period. If the 2004
fisheries were managed under the 2003 regulations, the Snake River fall
chinook ESA consultation standard would not be met. 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 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

[[Page 25036]]

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 websites (http://www.nwr.noaa.gov and

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 16 ESUs of salmon 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 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' 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.
------------------------------------------------------------------------
Date Evolutionarily Significant Unit covered and effective period
------------------------------------------------------------------------
March 8, Snake River chinook and sockeye (until reinitiated)
1996

April 28, Oregon coast coho, S. Oregon/ N. California coast coho,
1999 Central California coast coho (until reinitiated)

April 28, Central Valley spring chinook and California coast chinook
2000 (until reinitiated)

April 27, Hood Canal summer chum 4(d) limit and associated biological
2001 opinion (until reinitiated)

April 30, Upper Willamette River chinook, Upper Columbia River spring
2001 chinook, Ozette Lake sockeye, ten steelhead ESUs, Columbia
River chum (until reinitiated)

April 27, Sacramento River winter chinook (until 2010)
2004

April 29, Puget Sound chinook and Lower Columbia River chinook (until
2004 reinitiated)
------------------------------------------------------------------------

Associated with the biological opinions are incidental take
statements that specify the level of take that is exempted from the
section 9 prohibitions of the ESA. 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 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.
In a March 5, 2004, 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 meet those
standards for ESUs covered by existing opinions. As discussed below,
three ESUs were subject to consultation in 2004, and all have been
determined to satisfy the requirement that proposed fisheries not
jeopardize the continued existence of the ESUs.
For the Puget Sound chinook, NMFS is now completing its final
review of a Resource Management Plan (RMP) for the 2004-2009 fisheries
submitted by the Washington Department of Fish and Wildlife and Puget
Sound Treaty Tribes under the ESA 4(d) rule. Impacts to Puget Sound
chinook in Council area fisheries are quite limited. Anticipated
impacts in the 2004 Council fisheries range from zero to 3 percent
depending on the population. The state and tribes manage their Council-
area and inside Puget Sound fisheries as a package in coordination with
the Council and NMFS to ensure that all impacts are accounted for and
that conservation constraints are met. NMFS has determined that the
management measures for the ocean salmon fisheries are consistent with
the state and Tribal RMP, and preliminarily that the RMP is consistent
with the 4(d) rule. NMFS completed an associated biological opinion on
April 29, 2004, that covers the effects of the 2004 Council area
fisheries on Puget Sound chinook salmon.
NMFS also reinitiated consultation to update its guidance for Lower
Columbia River chinook. The related review was included in the
biological opinion for Puget Sound chinook. NMFS guidance related to
the tule component of the Lower Columbia River chinook ESU requires
that the total exploitation rate resulting from ocean and inriver
fisheries not exceed 49 percent. This guidance is the same as that
provided in 2002 and 2003. The recommended management measures for 2004
would result in a total exploitation rate of 46 percent, and thus
conform with NMFS guidance.
NMFS issued a new supplemental biological opinion for Sacramento
River winter chinook prior to the 2004 season, completed on April 27,
2004. NMFS' guidance for the 2004 fishing season with respect to winter
chinook is similar to the reasonable and prudent alternative of the
2002 BO.
The Council's recommended 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.

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

Dated: April 29, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 04-10209 Filed 4-30-04; 4:38 pm]

BILLING CODE 3510-22-S