Fisheries Off West Coast States; West Coast Salmon Fisheries; 2014 Management Measures

Federal Register, Volume 79 Issue 84 (Thursday, May 1, 2014)

Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)

Rules and Regulations

Pages 24580-24594

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-10068

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

Docket No. 140107014-4014-01

RIN 0648-XD072

Fisheries Off West Coast States; West Coast Salmon Fisheries; 2014 Management Measures

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

ACTION: Final rule; notice of availability of an environmental assessment.

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SUMMARY: Through this final rule NMFS establishes fishery management measures for the 2014 ocean salmon fisheries off Washington, Oregon, and California and the 2015 salmon seasons opening earlier than May 1, 2015. 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

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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 inside fisheries (fisheries occurring in state internal waters). This document also announces the availability of an environmental assessment (EA) that analyzes the environmental impacts of implementing the 2014 ocean salmon management measures.

DATES: This final rule is effective from 0001 hours Pacific Daylight Time, May 1, 2014, until the effective date of the 2015 management measures, as published in the Federal Register. Comments regarding the reporting burden estimate or any other aspect of the collection-of-

information requirements in these management measures may be submitted at any time.

ADDRESSES: Copies of the 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 the Pacific Fishery Management Council's (Council's) Web site (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 William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070 and to Office of Management and Budget (OMB), by email at OIRA.Submission@omb.eop.gov or by fax at (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323, or Heidi Taylor at 562-980-4039.

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 Fishery Management 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.

The management measures for the 2014 and pre-May 2015 ocean salmon fisheries that are implemented in this final rule were recommended by the Council at its April 5 to 10, 2014, meeting.

Schedule Used To Establish 2014 Management Measures

The Council announced its annual preseason management process for the 2014 ocean salmon fisheries in the Federal Register on December 9, 2013 (78 FR 73850), and on the Council's Web site at (www.pcouncil.org). NMFS published an additional notice of opportunities to submit public comments on the 2014 ocean salmon fisheries in the Federal Register on February 3, 2014 (79 FR 6166). These notices announced the availability of Council documents, 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, and instructions on how to comment on 2014 ocean salmon fisheries. The agendas for the March and April Council meetings were published in the Federal Register (79 FR 8940, February 14, 2014 and 79 FR 14481, March 14, 2014, respectively) and posted on the Council's Web site prior to the actual meetings.

In accordance with the Salmon FMP, the Council's Salmon Technical Team (STT) and staff economist prepared four reports for the Council, its advisors, and the public. All four reports were posted on the Council's Web site and otherwise made available to the Council, its advisors, and the public upon their completion. The first of the reports, ``Review of 2013 Ocean Salmon Fisheries,'' was prepared in February when the scientific information necessary for crafting management measures for the 2014 and pre-May 2015 ocean salmon fisheries first became available. The first report summarizes biological and socio-economic data for the 2013 ocean salmon fisheries and assesses how well the Council's 2013 management objectives were met. The second report, ``Preseason Report I Stock Abundance Analysis and Environmental Assessment Part 1 for 2014 Ocean Salmon Fishery Regulations'' (PRE I), provides the 2014 salmon stock abundance projections and analyzes the impacts on the stocks and Council management goals if the 2013 regulations and regulatory procedures were applied to the projected 2014 stock abundances. The completion of PRE I is the initial step in evaluating the full suite of preseason alternatives.

Following completion of the first two reports, the Council met in Sacramento, CA from March 8 to 13, 2014, to develop 2014 management alternatives for proposal to the public. The Council proposed three alternatives for commercial and recreational fisheries management for analysis and public comment. These alternatives 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 Proposed Alternatives and Environmental Assessment Part 2 for 2014 Ocean Salmon Fishery Regulations'' (PRE II), which analyzes the effects of the proposed 2014 management alternatives.

Public hearings, sponsored by the Council, to receive testimony on the proposed alternatives were held on March 24, 2014, in Westport, WA and Coos Bay, OR; and March 25, 2013, 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 5 to 10, 2014, in Vancouver, WA to adopt its final 2014 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 2014 Ocean Salmon Fisheries'' (PRE III), which analyzes the environmental and socio-economic effects of the Council's final recommendations. 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 (www.pcouncil.org).

National Environmental Policy Act

The Council's documents described above (PRE I, PRE II, and PRE III) collectively comprise the EA for this action, providing analysis of environmental and socioeconomic effects under the National Environmental Policy Act. The EA and its related Finding of No Significant Impact are posted on the NMFS West Coast Region Web site (www.westcoast.fisheries.noaa.gov).

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Resource Status

Stocks of Concern

The need to meet ESA consultation requirements and obligations of the Pacific Salmon Treaty (PST) between the U.S. and Canada for several stocks will constrain fishing in 2014.

Fisheries south of Cape Falcon, OR are limited in 2014 primarily by the status of Sacramento River winter Chinook (SRWC) and California Coastal Chinook (CCC), which are both evolutionarily significant units (ESUs) listed under the Endangered Species Act (ESA). Fisheries north of Cape Falcon are limited primarily by Lower Columbia River (LCR) Chinook salmon and LCR coho salmon, stocks which are also listed under the ESA, and by Thompson River coho from Canada, which are managed according to the PST. At the start of the preseason planning process for the 2014 management season, NMFS provided a letter to the Council, dated March 4, 2014, summarizing its ESA consultation standards for listed species as required by the Salmon FMP. The limitations imposed in order to protect these stocks are described below. The alternatives and the Council's recommended management measures for 2014 were designed to avoid exceeding these limitations.

In 2010, NMFS consulted under ESA section 7 and provided guidance to the Council regarding the effects of Council area fisheries on SRWC. NMFS completed a biological opinion that includes a reasonable and prudent alternative (RPA) to avoid jeopardizing the continued existence of this ESU. The RPA included management-area-specific fishing season openings and closures, and minimum size limits for both commercial and recreational fisheries. It also directed NMFS to develop a second component to the RPA--an abundance-based management framework. In 2012, NMFS implemented this abundance-based framework which supplements the above management restrictions with maximum allowable impact rates that apply when abundance is low. The age-3 impact rate on SRWC in 2014 fisheries south of Point Arena is limited to a maximum of 15.4 percent.

NMFS last consulted under ESA section 7 regarding the effects of Council area fisheries on CCC in 2005. Klamath River fall Chinook (KRFC) are used as a surrogate to set limits on ocean harvest impacts on CCC. The biological opinion requires that management measures result in a KRFC age-4 ocean harvest rate of no greater than 16 percent.

In 2012, NMFS consulted under ESA section 7 and provided guidance to the Council regarding the effects of Council area fisheries on LCR Chinook salmon. NMFS completed a biological opinion that applies to fisheries beginning in 2012, concluding that the proposed fisheries, if managed consistent with the terms of the biological opinion, are not likely to jeopardize the continued existence of LCR Chinook salmon. The LCR Chinook salmon ESU is comprised of a spring component, a ``far-

north'' migrating bright component, and a component of north migrating tules. The bright and tule components both have fall run timing. There are twenty-one separate populations within the tule component of this ESU. Unlike the spring or bright populations of the ESU, LCR tule populations are caught in large numbers in Council fisheries, as well as fisheries to the north and in the Columbia River. Therefore, this component of the ESU is the one most likely to constrain Council fisheries in the area north of Cape Falcon, Oregon. Under the 2012 biological opinion, NMFS uses an abundance-based management (ABM) framework to set annual exploitation rates for LCR tule Chinook salmon below Bonneville Dam. Applying the ABM framework to the 2014 preseason abundance forecast, the LCR tule exploitation rate is limited to a maximum of 41 percent.

In 2008, NMFS conducted an ESA section 7 consultation and issued a biological opinion regarding the effects of Council fisheries and fisheries in the Columbia River on LCR coho. The opinion depends on use of a harvest matrix for LCR coho. Under the matrix the allowable harvest in a given year depends on indicators of marine survival and brood year escapement. In 2014, the marine survival indicator is in the ``medium'' category, while brood year escapements for two indicator stocks are in the ``low'' and ``high'' categories. Under these circumstances, ocean salmon fisheries under the Council's jurisdiction in 2014, and commercial and recreational salmon fisheries in the mainstem Columbia River, including select area fisheries (e.g., Youngs Bay), must be managed subject to a total exploitation rate limit on LCR coho not to exceed 22.5 percent.

Interior Fraser (Thompson River) coho, a Canadian stock, continues to be depressed, remaining in the ``low'' status category under the PST; under these circumstances, the PST and Salmon FMP require a maximum 10.0 percent total U.S. exploitation rate on this stock. Thompson River and LCR coho are the coho stocks that require the most significant limitations on the 2014 ocean fisheries north of Cape Falcon.

Annual Catch Limits and Status Determination Criteria

Annual Catch Limits (ACLs) are set for two stocks: SRFC and KRFC. These stocks are indicator stocks for the Central Valley Fall Chinook complex and the Southern Oregon/Northern California Chinook complex, respectively. The Far North Migrating Coastal Chinook complex includes a group of Chinook salmon stocks that are caught primarily in fisheries north of Cape Falcon, Oregon and other fisheries that occur north of the U.S./Canada Border. No ACL is set for these stocks because they are managed according to the PST with Canada. Other Chinook salmon stocks caught in fisheries north of Cape Falcon are ESA-listed or hatchery produced, and are managed consistent with ESA consultation standards or hatchery goals. Coho stocks are either ESA-listed, hatchery produced, or managed under the PST.

ACLs for SRFC and KRFC are escapement-based, which means they establish a number of adults that must escape the fisheries to return to the spawning grounds. They are set based on the annual abundance projection and a fishing rate reduced to account for scientific uncertainty. The abundance forecasts for 2014 are described in more detail below in the ``Management Measures for 2014 Fisheries'' section of this final rule. For SRFC in 2014, the overfishing limit (OFL) is SOFL = 634,650 (projected abundance) multiplied by 1-FMSY (1-0.78) or 139,623 returning spawners. SABC is 634,350 multiplied by 1-FABC (1-

0.70) (FMSY reduced for scientific uncertainty = 0.70) or 190,395. The SACL is set equal to SABC. For KRFC in 2014, SOFL is 76,952 (abundance projection) multiplied by 1-FMSY (1-0.71), or 22,316 returning spawners. SABC is 76,952 multiplied by 1-FABC (1-0.68) (FMSY reduced for scientific uncertainty = 0.68) or 24,625 returning spawners. SACL is set equal to SABC.

As explained in more detail above under ``Stocks of Concern,'' fisheries south of Cape Falcon, which are the fisheries that impact SRFC and KRFC, are constrained by impact limits necessary to protect ESA-listed salmon stocks including CCC and SRWC. For 2014, projected abundance of SRFC and KRFC, in combination with the constraints for ESA-listed stocks, are expected to result in escapements greater than required to meet the ACLs for both SRFC and KRFC.

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Public Comments

The Council invited written comments on developing 2014 salmon management measures in their notice announcing public meetings and hearings (78 FR 73850, December 9, 2013). At its March meeting, the Council adopted three alternatives for 2014 salmon management measures having a range of quotas, season structure, and impacts, from the least restrictive in Alternative 1 to the most restrictive in Alternative 3. These alternatives are described in detail in Pre II. Subsequently, comments were taken at three public hearings held in March, staffed by representatives of the Council and NMFS. The Council received four written comments directly. The three public hearings were attended by a total of 45 people; 22 people provided oral comments. Comments came from individual fishers, fishing associations, fish buyers, and processors. Written and oral comments addressed the 2014 management alternatives described in PRE II, and generally expressed preferences for a specific alternative or for particular season structures. All comments were included in the Council's briefing book for their April 2014 meeting and were considered by the Council, which includes a representative from NMFS, in developing the recommended management measures transmitted to NMFS on April 21, 2014.

Comments on alternatives for fisheries north of Cape Falcon. For fisheries north of Cape Falcon, Alternative I quota levels were favored by five commercial and three recreational fishery commenters. Some commenters suggested modifications to management measures within the alternative; e.g., three commercial fishery commenters preferred to keep the area north of the Queets River open without landing limits until the quota was caught, rather than using landing limits to extend the season. Alternative III was supported by one commercial fishery commenter. Three commenters specifically favored the late season non-

mark selective commercial coho fishery described in Alternative I. Two commenters would like the same opportunity in the recreational fishery.

Comments on alternatives for fisheries south of Cape Falcon. For fisheries south of Cape Falcon, Alternative I was supported by six commercial and three recreational fishery commenters, plus one recreational angling group. Alternative II for commercial fisheries was supported by two individuals and one seafood marketing group. Alternative III for commercial fisheries was supported by two commenters who identified themselves as recreational fishers. Most commenters south of Cape Falcon suggested modifications to the alternatives or commented on specific geographic areas rather than the area south of Cape Falcon as a whole.

Comments on incidental halibut retention in the commercial salmon fisheries. At its March meeting, the Council identified three alternatives for landing limits for incidentally caught halibut that are retained in the salmon troll fishery. Alternative I was favored north of Cape Falcon. Support was divided between Alternatives II and III south of Cape Falcon.

Other comments. Commercial fishers south of Cape Falcon preferred reduced landing limits to area closures. Several recreational fishers expressed concern that September quotas for commercial fisheries the California Klamath Management Zone (KMZ) were too large, and would have impacts to fisheries in 2015. North of Cape Falcon, four commercial fishery commenters requested that a procedure be established to allow to anchoring behind Destruction Island, north of Queets River (Washington marine area 3), in the event of bad weather when fishing south of Queets River (Washington marine area 2). One commenter asked for a small retention allowance of unmarked coho throughout the summer to reduce bycatch mortality in the commercial fishery. Some comments were not directly applicable to the 2014 salmon management alternatives, such as exempting commercial salmon trollers from vessel monitoring system requirements and Council action on Caspian terns and cormorants in the lower Columbia River.

The Council, including the NMFS representative, took these comments into consideration. The Council's final recommendation generally includes aspects of Alternatives I and II, while taking into account the best available scientific information and ensuring that fisheries are consistent with Endangered Species Act (ESA) consultation standards, annual catch limits (ACLs), Pacific Salmon Treaty (PST) obligations, and tribal fishing rights. These management tools assist the Council in meeting impact limits on weak stocks. The Council adopted alternative II for incidental halibut retention, to be consistent with retention limits adopted for April 2014 (79 FR 17071, March 27, 2014).

NMFS also invited comments to be submitted directly to the Council or to NMFS, via the Federal Rulemaking Portal (www.regulations.gov) in a proposed rule (79 FR 6166, February 3, 2014). No comments were submitted via www.regulations.gov.

Management Measures for 2014 Fisheries

The Council-recommended ocean harvest levels and management measures for the 2014 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 socioeconomic factors affecting resource users. The recommendations are consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, U.S. obligations to Indian tribes with federally recognized fishing rights, and U.S. international obligations regarding Pacific salmon. The Council's recommended management measures also comply with NMFS ESA consultation standards and guidance, for those listed salmon species that may be affected by Council fisheries. Accordingly, NMFS has adopted the Council's recommendations.

North of Cape Falcon, the 2014 management measures for non-Indian commercial troll and recreational fisheries have increased quotas for coho and Chinook salmon, compared to 2013. Conservation constraints on Chinook salmon are largely unchanged, including the exploitation rate limit for ESA-listed LCR tule Chinook, which remains at 41 percent in 2014. Impacts in Alaskan and Canadian fisheries on Chinook salmon stocks originating north of Cape Falcon are increased relative to 2013. As discussed above, in 2014 the north of Falcon fisheries are limited by the need to protect threatened LCR coho and coho salmon from the Thompson River in Canada. ESA consultation standards for threatened Oregon Coast Natural coho also apply to these fisheries but these are not limiting in 2014. Washington coastal and Puget Sound Chinook generally migrate to the far north and are not significantly affected by ocean salmon harvests from Cape Falcon, OR, to the U.S.-Canada border. Nevertheless, ocean fisheries are structured, in combination with restricted fisheries inside Puget Sound, in order to meet ESA related conservation objectives for Puget Sound Chinook. North of Cape Alava, WA, the Council recommended a provision prohibiting retention of chum salmon in

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the salmon fisheries during August and September to protect ESA listed Hood Canal summer chum. The Council has recommended such a prohibition since 2002 (67 FR 30616, May 7, 2002).

Reduced abundance forecast for KRFC in 2014 is reflected in reduced commercial fishing opportunities south of Cape Falcon in 2014. Constraints on the commercial fishery in this region include the CCC consultation standard that limits the forecast KRFC age-4 ocean harvest rate to a maximum of 16 percent and the exploitation rate limit on ESA-

listed LCR tule Chinook. Commercial fisheries south of Point Arena are also constrained by the maximum allowable age-3 impact rate of 15.4 percent on ESA-listed SRWC. Recreational fisheries south of Cape Falcon will be directed primarily at Chinook salmon, with opportunity for coho limited to the area between Cape Falcon and the Oregon/California Border. The projected abundance of SRFC in 2014 is below the 2013 projection. Under the management measures in this final rule, and including anticipated in-river fishery impacts, spawning escapement for SRFC is projected at 314,715. Projected abundance for KRFC in 2014 is much lower than the very strong projections in 2012 and 2013. Under the management measures in this final rule, and including anticipated in-

river fishery impacts, spawning escapement for KRFC is projected at 40,700.

The treaty-Indian commercial troll fishery quota for 2014 is 62,500 Chinook salmon in ocean management areas and Washington State Statistical Area 4B combined. This quota is higher than the 52,500 Chinook salmon quota in 2013, for the same reasons discussed above for the non-tribal fishery. The treaty-Indian commercial troll fisheries include a Chinook-directed fishery in May and June with a quota of 31,250 Chinook salmon, and an all-salmon season beginning July 1 with a 31,250 Chinook salmon 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 57,500 coho, higher than in 2013.

The Council is recommending two new provisions for 2014 fisheries, based on the recommendation of its Enforcement Consultants. In both the commercial and recreational fisheries, the Council added a specific prohibition on filleting salmon prior to landing. This prohibition will assist with the enforcement of size limits, by allowing for the determination of fish size before this is obscured by filleting. In the commercial fishery, a new provision requires that landing receipts report the number, weight, and species of salmon landed as well as the number and weight of retained halibut caught incidental to salmon fishing. This will allow for determination of whether salmon/halibut ratios are being met.

Management Measures for 2015 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, this action also establishes the 2015 fishing seasons that open earlier than May 1. The Council recommended, and NMFS concurs, that the commercial season off Oregon from Cape Falcon to the Oregon/California border, the commercial season off California from Horse Mountain to Point Arena, the recreational season off Oregon from Cape Falcon to Humbug Mountain, and the recreational season off California from Horse Mountain to the U.S./

Mexico border will open in 2015 as indicated in the Season Description section of this document. At the March 2015 meeting, the Council may consider inseason recommendations to adjust the commercial and recreational seasons prior to May 1 in the areas off Oregon and California.

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 2014 management measures. Inseason closures in the commercial and recreational fisheries are announced on the NMFS hotline and through the U.S. Coast Guard (USCG) 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 2014 and, as specified, for 2015.

Section 1. Commercial Management Measures for 2014 Ocean Salmon Fisheries

Parts A, B, and C of this section contain restrictions that must be followed for lawful participation in the fishery. Part A identifies each fishing area and provides the 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.

1. Season Description

   North of Cape Falcon, OR

   --U.S./Canada Border to Cape Falcon

   May 1 through earlier of June 30 or 37,900 Chinook, no more than 12,200 of which may be caught in the area between the U.S./Canada border and the Queets River. Seven days per week (C.1). All salmon except coho (C.4, C.7). Chinook minimum size limit of 28 inches total length (B, C.1). Vessels in possession of salmon north of the Queets River may not cross the Queets River line without first notifying Washington Department of Fish and Wildlife (WDFW) at 360-902-2739 with area fished, total Chinook and halibut catch aboard, and destination. Vessels in possession of salmon south of the Queets River may not cross the Queets River line without first notifying WDFW at 360-902-2739 with area fished, total Chinook and halibut catch aboard, and destination (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3). When it is projected that 28,425 Chinook have been landed overall, or 9,150 Chinook have been landed in the area between the U.S./Canada border and the Queets River, inseason action modifying the open period to five days per week and adding landing and possession limits will be considered to ensure the guideline is not exceeded. Cape Flattery, Mandatory Yelloweye Rockfish Conservation Area, and Columbia Control Zones closed (C.5). 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 or in possession of salmon while fishing north of Leadbetter Point must land and deliver their fish within the area and north of Leadbetter Point. Vessels fishing or in possession of salmon while 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, Oregon. Oregon State regulations require all fishers landing salmon into Oregon from any fishery between Leadbetter Point, Washington and Cape Falcon, Oregon must notify ODFW within one hour of delivery or prior to transport away from the port of landing by either calling 541-867-0300 Ext. 271 or sending notification via email to nfalcon.trollreport@state.or.us. Notification shall include vessel name

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   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.

   July 1 through earlier of September 16 or attainment of the quota of 19,000 Chinook (C.8), no more than 8,750 of which may be caught in the area between the U.S./Canada border and the Queets River, or 35,200 marked coho, no more than 5,040 of which may be caught in the area between the U.S./Canada border and the Queets River (C.8.d). July 1 through 8, then Friday through Tuesday, July 11 through August 19 with a landing and possession limit for each open period of 60 Chinook and 40 marked coho per vessel per open period north of the Queets River or 60 Chinook and 60 marked coho per vessel per open period south of the Queets River. From August 22 through September 16, the fishery will be open Friday through Tuesday with a landing and possession limit of 20 Chinook and 50 marked coho per vessel per open period north of the Queets River or 20 Chinook and 50 marked coho per vessel per open period south of the Queets River (C.1). Vessels in possession of salmon north of the Queets River may not cross the Queets River line without first notifying WDFW at 360-902-2739 with area fished, total Chinook, coho, and halibut catch aboard, and destination. Vessels in possession of salmon south of the Queets River may not cross the Queets River line without first notifying WDFW at 360-902-2739 with area fished, total Chinook, coho, and halibut catch aboard, and destination (C.6). When it is projected that 14,250 Chinook have been landed overall, or 6,560 Chinook have been landed in the area between the U.S/Canada border and the Queets River, inseason action modifying the open period to five days per week and adding landing and possession limits will be considered to ensure the guideline is not exceeded. No earlier than September 1, if at least 5,000 marked coho remain on the quota, inseason action may be considered to allow non-selective coho retention (C.8). All salmon except no chum retention north of Cape Alava, Washington in August and September (C.7). Chinook minimum size limit of 28 inches total length (B, C.1). All coho must be marked except as noted above (C.8.d). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3). Mandatory Yelloweye Rockfish Conservation Area, Cape Flattery and Columbia Control Zones, and beginning August 9, Grays Harbor Control Zone Closed (C.5). Vessels must land and deliver their fish within 24 hours of any closure of this fishery. Vessels fishing or in possession of salmon while fishing north of Leadbetter Point must land and deliver their fish within the area and north of Leadbetter Point. Vessels fishing or in possession of salmon while 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, Oregon. Under state law, vessels must report their catch on a state fish receiving ticket. Oregon State regulations require all fishers landing salmon into Oregon from any fishery between Leadbetter Point, Washington and Cape Falcon, Oregon must notify ODFW within one hour of delivery or prior to transport away from the port of landing by either calling 541-867-0300 Ext. 271 or sending notification via email to nfalcon.trollreport@state.or.us. 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.

   South of Cape Falcon, OR

   --Cape Falcon to Humbug Mountain

   April 1 through July 31, August 6 through 29;

   September 3 through October 31 (C.9.a).

   Seven days per week. All salmon except coho except as listed below for September non-selective coho incidental retention (C.4, C.7). Chinook minimum size limit of 28 inches total length (B, C.1). All vessels fishing in the area must land their fish in the State of Oregon (C.6). 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.

   Beginning September 3, no more than 65 Chinook per vessel per landing week (Wednesday through Tuesday).

   Non-selective incidental coho retention

   September 3 through the earlier of the quota or September 30, retention of coho will be limited to no more than one coho for each landed Chinook with a landing week limit of no more than 20 coho per vessel if sufficient quota is available for transfer from the Cape Falcon to Humbug Mt. non-selective recreational fishery (C.8.b). Oregon State regulations require all fishers landing coho salmon from this season to notify ODFW within one hour of delivery or prior to transport away from the port of landing by calling 541-867-0300 Ext. 252. Notification shall include vessel name and number, number of salmon by species, port of landing and location of delivery, and estimated time of delivery.

   In 2015, the season will open March 15, all salmon except coho. Chinook minimum size limit of 28 inches total length. Gear restrictions same as in 2014. This opening may be modified following Council review at its March 2015 meeting.

   --Humbug Mountain to Oregon/California Border (Oregon KMZ)

   April 1 through May 31;

   June 15 through earlier of June 30, or a 1,500 Chinook quota;

   July 1 through earlier of July 31, or a 500 Chinook quota;

   August 6 through earlier of August 29, or a 500 Chinook quota;

   September 12 through earlier of September 27, or a 500 Chinook quota (C.9.a).

   Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 28 inches total length (B, C.1). Prior to June 1, all fish caught in this area must be landed and delivered in the State of Oregon. June 15 through August 29 landing and possession limit of 30 Chinook per vessel per day. September 12 through 27 landing and possession limit of 20 Chinook per vessel per day. Any remaining portion of the June and/or July Chinook quotas may be transferred inseason on an impact neutral basis to the next open quota period (C.8). All vessels fishing in this area must land and deliver all fish within this area or Port Orford, within 24 hours of any closure of this fishery, and prior to fishing outside of this area. State regulations require fishers intending to transport and deliver their catch to other locations after first landing in one of these ports notify ODFW prior to transport away from the port of landing by calling 541-867-0300 Ext. 252 or sending notification via email to KMZOR.trollreport@state.or.us, with vessel name and number, number of salmon by species, location of delivery, and estimated time of delivery (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

   In 2015, the season will open March 15 for all salmon except coho, with a 28-inch Chinook minimum size limit (C.1). Gear restrictions same as in 2014. This opening could be modified following Council review at its March 2015 meeting.

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   --Oregon/California Border to Humboldt South Jetty (California KMZ)

   September 12 through earlier of September 30, or 4,000 Chinook quota (C.9.b). Five days per week, Friday through Tuesday. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length (B, C.1). Landing and possession limit of 20 Chinook per vessel per day (C.8.g). All fish caught in this area must be landed within the area and within 24 hours of any closure of the fishery and prior to fishing outside the area (C.10). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3). Klamath Control Zone closed (C.5.e). See California State regulations for additional closures adjacent to the Smith and Klamath Rivers. When the fishery is closed between the Oregon/California border and Humbug Mountain and open to the south, vessels with fish on board caught in the open area off California may seek temporary mooring in Brookings, Oregon 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 (C.6).

   --Humboldt South Jetty to Horse Mountain

   Closed.

   --Horse Mountain to Point Arena (Fort Bragg)

   June 19 through 30;

   July 15 through 31;

   August 1 through 29;

   September 1 through 30 (C.9.b).

   Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length (B, C.1). All fish must be landed in California and offloaded within 24 hours of the August 29 closure (C.6). When the California KMZ fishery is open, all fish caught in the area must be landed south of Horse Mountain (C.6). During September, all fish must be landed north of Point Arena (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

   In 2015, the season will open April 16 through 30 for all salmon except coho, with a 27-inch Chinook minimum size limit and the same gear restrictions as in 2014. All fish caught in the area must be landed in the area. This opening could be modified following Council review at its March 2015 meeting.

   --Point Arena to Pigeon Point (San Francisco)

   May 1 through 31;

   June 1 through 30;

   July 15 through 31;

   August 1 through 29;

   September 1 through 30 (C.9.b).

   Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length prior to September 1, 26 inches thereafter (B, C.1). All fish must be landed in California and offloaded within 24 hours of the August 29 closure (C.6). During September, all fish must be landed south of Point Arena (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

   Point Reyes to Point San Pedro (Fall Area Target Zone) October 1 through 3, 6 through 10, and 13 through 15.

   All salmon except coho (C.4, C.7). Chinook minimum size limit of 26 inches total length (B, C.1). All fish caught in this area must be landed between Point Arena and Pigeon Point (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

   --Pigeon Point to U.S./Mexico Border (Monterey)

   May 1 through 31;

   June 1 through 30;

   July 15 through 31;

   August 1 through 13 (C.9.b).

   Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length (B, C.1). All fish must be landed in California and offloaded within 24 hours of August 29 (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).

   California State regulations require that all salmon be made available to a California Department of Fish and Wildlife (CDFW) representative for sampling immediately at port of landing. Any person in possession of a salmon with a missing adipose fin, upon request by an authorized agent or employee of the CDFW, shall immediately relinquish the head of the salmon to the state (California Fish and Game Code Sec. 8226).

2. 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.

   Cape Falcon to OR/CA Border..... 28.0 21.5 16.0 12.0 None.

   OR/CA Border to Humboldt South 27.0 20.5 .............. .............. None.

   Jetty..........................

   Horse Mountain to Point Arena... 27.0 20.5 .............. .............. None.

   Point Arena to U.S./Mexico

   Border:

   Prior to Sept. 1............ 27.0 20.5 .............. .............. None.

   Sept. 1 to Oct. 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, 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.

3. 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 or has been closed less than 96 hours for that species of salmon. Salmon may be landed in an area that has been closed for a species of salmon more than 96 hours only if the salmon meet the minimum size, landing/

   possession limit, or other special requirements for the area in which they were caught. Salmon may not be filleted prior to landing.

   Any person who is required by applicable state law to report a salmon landing state law must include on the state landing receipt for that landing both the number and weight of salmon landed by species. States may require fish landing/receiving tickets to be kept on board the vessel for 90 days after landing to account for all previous salmon landings.

   C.2. Gear Restrictions

   1. Salmon may be taken only by hook and line using single point, single shank, barbless hooks.

      Page 24587

   2. Cape Falcon, Oregon, to the Oregon/California border: No more than 4 spreads are allowed per line.

   3. 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

      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.

      Troll fishing gear defined: One or more lines that drag hooks behind a moving fishing vessel. In that portion of the fishery management area 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.

      Spread defined: A single leader connected to an individual lure and/or bait.

      Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a 90deg angle.

      C.4. Vessel Operation in Closed Areas With Salmon on Board

   1. Except as provided under C.4.b below, it is unlawful for a vessel to have troll or recreational gear in the water while in any area closed to fishing for a certain species of salmon, while possessing that species of salmon; however, fishing for species other than salmon is not prohibited if the area is open for such species, and no salmon are in possession.

   2. When Genetic Stock Identification (GSI) samples will be collected in an area closed to commercial salmon fishing, the scientific research permit holder shall notify NOAA Office of Law Enforcement, USCG, CDFW, and Oregon State Patrol at least 24 hours prior to sampling and provide the following information: the vessel name, date, location, and time collection activities will be done. Any vessel collecting GSI samples in a closed area shall not possess any salmon other than those from which GSI samples are being collected. Salmon caught for collection of GSI samples must be immediately released in good condition after collection of samples.

      C.5. Control Zone Definitions

   1. Cape Flattery Control Zone--The area from Cape Flattery (48deg23'00'' N. lat.) to the northern boundary of the U.S. EEZ; and the area from Cape Flattery south to Cape Alava (48deg10'00'' N. lat.) and east of 125deg05'00'' W. long.

   2. Mandatory Yelloweye Rockfish Conservation Area--The area in Washington Marine Catch Area 3 from 48deg00.00' N. lat.; 125deg14.00' W. long. to 48deg02.00' N. lat.; 125deg14.00' W. long. to 48deg02.00' N. lat.; 125deg16.50' W. long. to 48deg00.00' N. lat.; 125deg16.50' W. long. and connecting back to 48deg00.00' N. lat.; 125deg14.00' W. long.

   3. Grays Harbor Control Zone--The area defined by a line drawn from the Westport Lighthouse (46deg53'18'' N. lat., 124deg07'01'' W. long.) to Buoy 2 (46deg52'42'' N. lat., 124deg12'42'' W. long.) to Buoy 3 (46deg55'00'' N. lat., 124deg14'48'' W. long.) to the Grays Harbor north jetty (46deg55'36'' N. lat., 124deg10'51'' W. long.).

   4. 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 (46deg13'35'' N. lat., 124deg06'50'' W. long.) and the green lighted Buoy 7 (46deg15'09'' N. lat., 124deg06'16'' W. long.); on the east, by the Buoy 10 line which bears north/south at 357deg true from the south jetty at 46deg14'00'' N. lat., 124deg03'07'' 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 (46deg15'48'' N. lat., 124deg05'20'' 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 (46deg14'03'' N. lat., 124deg04'05'' W. long.), and then along the south jetty to the point of intersection with the Buoy 10 line.

   5. Klamath Control Zone--The ocean area at the Klamath River mouth bounded on the north by 41deg38'48'' N. lat. (approximately six nautical miles north of the Klamath River mouth); on the west, by 124deg23'00'' W. long. (approximately 12 nautical miles off shore); and on the south, by 41deg26'48'' N. lat. (approximately six nautical miles 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 USCG 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, the estimated time of arrival, and the specific reason the vessel is not able to meet special management area landing restrictions.

      In addition to contacting the USCG, vessels fishing south of the Oregon/California border must notify CDFW within one hour of leaving the management area by calling 800-889-8346 and providing the same information as reported to the USCG. All salmon must be offloaded within 24 hours of reaching port.

      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 (81.28 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. When halibut are caught and landed incidental to commercial salmon fishing by an IPHC license holder, any person who is required to report the salmon landing by applicable state law must include on the state landing receipt for that landing both the number of halibut landed, and the total dressed, head-on weight of halibut landed, in pounds, as well as the number and species of salmon landed.

      License applications for incidental harvest must be obtained from the International Pacific Halibut Commission (IPHC) (phone: 206-634-

      1838). Applicants must apply prior to mid-March 2015 for 2015 permits (exact date to be set by the IPHC in early 2015). Incidental harvest is authorized only during April, May, and June of the 2014 troll seasons and after June 30 in 2014 if quota remains and if announced on the NMFS hotline (phone: 1-800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the landings are projected to exceed the 29,671 pound preseason allocation or the total Area 2A non-Indian commercial halibut allocation, NMFS will take inseason action to prohibit retention of halibut in the non-Indian salmon troll fishery.

      May 1, 2014, through December 31, 2014, and April 1-30, 2015, license holders may land or possess no more than one Pacific halibut per each four Chinook, except one Pacific halibut may be possessed or landed without meeting the ratio requirement, and no more than 12 halibut may be possessed or landed per trip. Pacific halibut retained must be no less than 32 inches in total length (with head on).

      Incidental Pacific halibut catch regulations in the commercial salmon

      Page 24588

      troll fishery adopted for 2014, prior to any 2014 inseason action, will be in effect when incidental Pacific halibut retention opens on April 1, 2015, unless otherwise modified by inseason action at the March 2015 Council meeting.

      A ``C-shaped'' yelloweye rockfish conservation area (YRCA) is an area to be voluntarily avoided for salmon trolling. NMFS and the Council request salmon trollers voluntarily avoid this area in order to protect yelloweye rockfish. The area is defined in Pacific coast groundfish regulations (50 CFR 660.70(a)) in the North Coast subarea (Washington marine area 3), with the following coordinates in the order listed:

      48deg18' N. lat.; 125deg18' W. long.;

      48deg18' N. lat.; 124deg59' W. long.;

      48deg11' N. lat.; 124deg59' W. long.;

      48deg11' N. lat.; 125deg11' W. long.;

      48deg04' N. lat.; 125deg11' W. long.;

      48deg04' N. lat.; 124deg59' W. long.;

      48deg00' N. lat.; 124deg59' W. long.;

      48deg00' N. lat.; 125deg18' W. long.;

      and connecting back to 48deg18' N. lat.; 125deg18' W. long.

      C.8. Inseason Management

      In addition to standard inseason actions or modifications already noted under the season description, the following inseason guidance applies:

   1. Chinook remaining from the May through June non-Indian commercial troll harvest guideline north of Cape Falcon may be transferred to the July through September harvest guideline, if the transfer would not result in exceeding preseason impact expectations on any stocks.

   2. If at least 35,000 coho are available for the recreational non-

      selective coho salmon season quota between Cape Falcon and Humbug Mountain (combined initial quota and impact neutral rollover from the recreational selective coho fishery between Cape Falcon and the Oregon/

      California Border) consideration will be made to transfer a portion of the remaining coho that are in excess of those needed to meet the recreational objectives to the commercial troll season between Cape Falcon and Humbug Mountain. Landing week limits and coho per Chinook ratios may be adjusted inseason.

   3. Chinook remaining from the June and/or July non-Indian commercial troll quotas in the Oregon KMZ may be transferred to the Chinook quota for the next open period if the transfer would not result in exceeding preseason impact expectations on any stocks.

   4. NMFS may transfer fish between the recreational and commercial fisheries north of Cape Falcon if there is agreement among the areas' representatives on the Salmon Advisory Subpanel (SAS), and if the transfer would not result in exceeding the preseason impact expectations on any stocks.

   5. At the March 2015 meeting, the Council will consider inseason recommendations for special regulations for any experimental fisheries (proposals must meet Council protocol and be received in November 2014).

   6. If retention of unmarked coho is permitted by inseason action, the allowable coho quota will be adjusted to ensure preseason projected impacts on all stocks are not exceeded.

   7. Landing limits may be modified inseason to sustain season length and keep harvest within overall quotas.

      C.9. State Waters Fisheries

      Consistent with Council management objectives:

   1. The State of Oregon may establish additional late-season fisheries in state waters.

   2. The State of California may establish limited fisheries in selected state waters.

      Check state regulations for details.

      C.10. For the Purposes of California Fish and Game Code, Section 8232.5, the Definition of the Klamath Management Zone (KMZ) for the Ocean Salmon Season Is the Area From Humbug Mountain, Oregon, to Horse Mountain, California

      Section 2. Recreational Management Measures for 2014 Ocean Salmon Fisheries

      Parts A, B, and C of this section contain restrictions that must be followed for lawful participation in the fishery. Part A identifies each fishing area and provides the 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.

1. Season Description

   North of Cape Falcon, OR

   --U.S./Canada Border to Queets River

   May 16 through 17, May 23 through 24, and May 31 through June 13 or a coastwide marked Chinook quota of 9,000 (C.5).

   Seven days per week. Two fish per day, all salmon except coho, all Chinook must be marked with a healed adipose fin clip (C.1). Chinook 24-inch total length minimum size limit (B). 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 TAC for north of Cape Falcon (C.5).

   --Queets River to Leadbetter Point

   May 31 through earlier of June 13 or a coastwide marked Chinook quota of 9,000 (C.5).

   Seven days per week. Two fish per day, all salmon except coho, all Chinook must be marked with a healed adipose fin clip (C.1). Chinook 24-inch total length minimum size limit (B). 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 TAC for north of Cape Falcon (C.5).

   --Leadbetter Point to Cape Falcon

   May 31 through earlier of June 13 or a coastwide marked Chinook quota of 9,000 (C.5).

   Seven days per week. Two fish per day, all salmon except coho, all Chinook must be marked with a healed adipose fin clip (C.1). Chinook 24-inch total length minimum size limit (B). See gear restrictions and definitions (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.5).

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

   June 14 through earlier of September 21 or 19,220 marked coho subarea quota with a subarea guideline of 7,000 Chinook (C.5).

   Seven days per week. All salmon except no chum beginning August 1; two fish per day. All coho must be marked with a healed adipose fin clip (B, C.1). Beginning August 1, Chinook non-retention east of the Bonilla-Tatoosh line (C.4.a) during Council managed ocean fishery. 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 and coho recreational TACs for north of Cape Falcon (C.5).

   --Cape Alava to Queets River (La Push Subarea)

   June 14 through earlier of September 21 or 4,750 marked coho subarea quota with a subarea guideline of 2,350 Chinook (C.5).

   September 27 through earlier of October 12 or 50 marked coho quota or 50 Chinook quota (C.5) in the area north of 47deg50'00'' N. lat. and south of 48deg00'00'' N. lat.

   Seven days per week. All salmon; two fish per day. All coho must be marked

   Page 24589

   with a healed adipose fin clip (B, C.1). See gear restrictions (C.2, C.3). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

   --Queets River to Leadbetter Point (Westport Subarea)

   June 14 through earlier of September 30 or 68,380 marked coho subarea quota with a subarea guideline of 27,600 Chinook (C.5).

   Seven days per week. All salmon; two fish per day, no more than one of which can be a Chinook. All coho must be marked with a healed adipose fin clip (B, C.1). See gear restrictions and definitions (C.2, C.3). Grays Harbor Control Zone closed beginning August 11 (C.4). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

   --Leadbetter Point to Cape Falcon (Columbia River Subarea)

   June 14 through earlier of September 30 or 92,400 marked coho subarea quota with a subarea guideline of 13,100 Chinook (C.5).

   Seven days per week. All salmon; two fish per day, no more than one of which can be a Chinook (B, C.1). All coho must be marked with a healed adipose fin clip (C.1). See gear restrictions and definitions (C.2, C.3). Columbia Control Zone closed (C.4). Inseason management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).

   South of Cape Falcon, OR

   --Cape Falcon to Humbug Mountain

   March 15 through October 31 (C.6), except as provided below during the all-salmon mark-selective and non-mark-selective coho fisheries.

   Seven days per week. All salmon except coho; two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3).

   Non-mark-selective coho fishery: August 30 through the earlier of September 30 or a landed catch of 20,000 non-mark-selective coho quota (C.5).

   All salmon, two fish per day (C.5).

   The all salmon except coho season reopens the earlier of October 1 or attainment of the coho quota (C.5).

   In 2015, the season between Cape Falcon and Humbug Mountain will open March 15 for all salmon except coho, two fish per day (B, C.1, C.2, C.3).

   Fishing in the Stonewall Bank yelloweye rockfish conservation area restricted to trolling only on days the all depth recreational halibut fishery is open (call the halibut fishing hotline 1-800-662-9825 or 206-526-6667 for specific dates) (C.3.b, C.4.d).

   --Cape Falcon to Oregon/California Border

   All-salmon mark-selective coho fishery: June 21 through earlier of August 10 or a landed catch of 80,000 marked coho.

   Seven days per week. All salmon, two fish per day. All retained coho must be marked with a healed adipose fin clip (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3). Any remainder of the mark-selective coho quota will be transferred on an impact neutral basis to the September non-selective coho quota from Cape Falcon to Humbug Mountain (C.5). The all salmon except coho season reopens the earlier of August 11 or attainment of the coho quota (C.5).

   Fishing in the Stonewall Bank yelloweye rockfish conservation area restricted to trolling only on days the all depth recreational halibut fishery is open (call the halibut fishing hotline 1-800-662-9825 or 206-526-6667 for specific dates) (C.3.b, C.4.d).

   --Humbug Mountain to Oregon/California Border (Oregon KMZ)

   May 10 through September 7, except as provided above during the all-salmon mark-selective coho fishery (C.6).

   All salmon except coho, except as noted above in the all-salmon mark-selective coho fishery. Seven days per week, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3).

   --Oregon/California Border to Horse Mountain (California KMZ)

   May 10 through September 7 (C.6).

   Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3). Klamath Control Zone closed in August (C.4.e). See California State regulations for additional closures adjacent to the Smith, Eel, and Klamath Rivers.

   --Horse Mountain to Point Arena (Fort Bragg)

   April 5 through November 9.

   Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 20 inches total length (B). See gear restrictions and definitions (C.2, C.3).

   In 2015, season opens April 4 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 20 inches total length (B); and the same gear restrictions as in 2014 (C.2, C.3).

   --Point Arena to Pigeon Point (San Francisco)

   April 5 through November 9.

   Open seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length through June 30; 20 inches thereafter (B). See gear restrictions and definitions (C.2, C.3).

   In 2015, season opens April 4 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2014 (C.2, C.3).

   --Pigeon Point to U.S./Mexico Border (Monterey)

   April 5 through October 5.

   Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B). See gear restrictions and definitions (C.2, C.3).

   In 2015, season opens April 4 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2014 (C.2, C.3). This opening could be modified following Council review at its March 2015 meeting.

   California State regulations require that all salmon be made available to a CDFW representative for sampling immediately at port of landing. Any person in possession of a salmon with a missing adipose fin, upon request by an authorized agent or employee of the CDFW, shall immediately relinquish the head of the salmon to the state (California Fish and Game Code Sec. 8226).

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

   ----------------------------------------------------------------------------------------------------------------

   Area (when open) Chinook Coho Pink

   ----------------------------------------------------------------------------------------------------------------

   North of Cape Falcon............................................ 24.0 16.0 None

   Cape Falcon to Humbug Mountain.................................. 24.0 16.0 None

   Humbug Mt. to OR/CA Border...................................... 24.0 16.0 None

   Page 24590

   OR/CA Border to Horse Mountain.................................. 20.0 .............. 24.0

   Horse Mountain to Point Arena................................... 20.0 .............. 20.0

   Point Arena to Pigeon Point:

   April 5 to June 30.......................................... 24.0 .............. 24.0

   June 30 to November 9....................................... 20.0 .............. 20.0

   Pigeon Point to U.S./Mexico Border.............................. 24.0 .............. 24.0

   ----------------------------------------------------------------------------------------------------------------

   Metric equivalents: 24.0 in=61.0 cm, 20.0 in=50.8 cm, and 16.0in=40.6 cm.

3. 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. Salmon may not be filleted prior to landing.

   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 Chinook and coho salmon for all licensed and juvenile anglers aboard have been attained (additional state restrictions may apply).

   C.2. Gear Restrictions

   Salmon may be taken only by hook and line using barbless hooks. 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.

   1. U.S./Canada Border to Point Conception, California: No more than one rod may be used per angler; and no more than two single point, single shank barbless hooks are required for all fishing gear. Note: ODFW regulations in the state-water fishery off Tillamook Bay may allow the use of barbed hooks to be consistent with inside regulations.

   2. Horse Mountain, California, to Point Conception, California: Single point, single shank, barbless circle hooks (see gear definitions below) are required when fishing with bait by any means other than trolling, and no more than two such hooks shall be used. When angling with two hooks, the distance between the hooks must not exceed five inches when measured from the top of the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place (hard tied). Circle hooks are not required when artificial lures are used without bait.

      C.3. Gear Definitions

   1. Recreational fishing gear defined: Off Oregon and Washington, angling tackle consists of a single line that 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.

   2. 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.

   3. Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a 90deg angle.

      C.4. Control Zone Definitions

   1. The Bonilla-Tatoosh Line--A line running from the western end of Cape Flattery to Tatoosh Island Lighthouse (48deg23'30'' N. lat., 124deg44'12'' W. long.) to the buoy adjacent to Duntze Rock (48deg24'37'' N. lat., 124deg44'37'' W. long.), then in a straight line to Bonilla Point (48deg35'39'' N. lat., 124deg42'58'' W. long.) on Vancouver Island, British Columbia.

   2. Grays Harbor Control Zone--The area defined by a line drawn from the Westport Lighthouse (46deg53'18'' N. lat., 124deg07'01'' W. long.) to Buoy 2 (46deg52'42'' N. lat., 124deg12'42'' W. long.) to Buoy 3 (46deg55'00'' N. lat., 124deg14'48'' W. long.) to the Grays Harbor north jetty (46deg55'36'' N. lat., 124deg10'51'' W. long.).

   3. 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 (46deg13'35'' N. lat., 124deg06'50'' W. long.) and the green lighted Buoy 7 (46deg15'09'' N. lat., 124deg06'16'' W. long.); on the east, by the Buoy 10 line which bears north/south at 357deg true from the south jetty at 46deg14'00'' N. lat., 124deg03'07'' 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 (46deg15'48'' N. lat., 124deg05'20'' 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 (46deg14'03'' N. lat., 124deg04'05'' W. long.), and then along the south jetty to the point of intersection with the Buoy 10 line.

   4. Stonewall Bank yelloweye rockfish conservation area--The area defined by the following coordinates in the order listed:

      44deg37.46' N. lat.; 124deg24.92' W. long.;

      44deg37.46' N. lat.; 124deg23.63' W. long.;

      44deg28.71' N. lat.; 124deg21.80' W. long.;

      44deg28.71' N. lat.; 124deg24.10' W. long.;

      44deg31.42' N. lat.; 124deg25.47' W. long.;

      and connecting back to 44deg37.46' N. lat.; 124deg24.92' W. long.

   5. Klamath Control Zone--The ocean area at the Klamath River mouth bounded on the north by 41deg38'48'' N. lat. (approximately six nautical miles north of the Klamath River mouth); on the west, by 124deg23'00'' W. long. (approximately 12 nautical miles off shore); and, on the south, by 41deg26'48'' N. lat. (approximately 6 nautical miles south of the Klamath River mouth).

      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 applies:

   1. Actions could include modifications to bag limits, or days open to fishing, and extensions or reductions in areas open to fishing.

   2. Coho may be transferred inseason among recreational subareas north of Cape Falcon to help meet the recreational season duration objectives (for each subarea) after conferring with

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      representatives of the affected ports and the Council's SAS recreational representatives north of Cape Falcon, and if the transfer would not result in exceeding preseason impact expectations on any stocks.

   3. Chinook and coho may be transferred between the recreational and commercial fisheries north of Cape Falcon if there is agreement among the representatives of the SAS, and if the transfer would not result in exceeding preseason impact expectations on any stocks.

   4. Fishery managers may consider inseason action modifying regulations restricting retention of unmarked coho. To remain consistent with preseason expectations, any inseason action shall consider, if significant, the difference between observed and preseason forecasted mark rates. Such a consideration may also include a change in bag limit of two salmon, no more than one of which may be a coho.

   5. Marked coho remaining from the Cape Falcon to Oregon/California border recreational mark-selective coho quota may be transferred inseason to the Cape Falcon to Humbug Mountain non-mark-selective recreational fishery if the transfer would not result in exceeding preseason impact expectations on any stocks.

      C.6. Additional Seasons in State Territorial Waters

      Consistent with Council management objectives, the States of Washington, Oregon, and California may establish limited seasons in state waters. Check state regulations for details.

      Section 3. Treaty Indian Management Measures for 2014 Ocean Salmon Fisheries

      Parts A, B, and C of this section contain requirements that must be followed for lawful participation in the fishery.

1. Season Descriptions

   May 1 through the earlier of June 30 or 31,250 Chinook quota. All salmon except coho. If the Chinook quota is exceeded, the excess will be deducted from the later all-salmon season (C.5). See size limit (B) and other restrictions (C).

   July 1 through the earlier of September 15, or 31,250 preseason Chinook quota (C.5), or 57,500 coho quota. All salmon. See size limit (B) and other restrictions (C).

2. Minimum Size (Inches)

   ----------------------------------------------------------------------------------------------------------------

   Chinook Coho

   Area (when open) ---------------------------------------------------------------- Pink

   Total Head-off Total Head-off

   ----------------------------------------------------------------------------------------------------------------

   North of Cape Falcon............ 24.0 18.0 16.0 12.0 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.

3. 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.

   S'KLALLAM--Washington State Statistical Area 4B (All).

   MAKAH--Washington State Statistical Area 4B and that portion of the FMA north of 48deg02'15'' N. lat. (Norwegian Memorial) and east of 125deg44'00'' W. long.

   QUILEUTE--That portion of the FMA between 48deg07'36'' N. lat. (Sand Point) and 47deg31'42'' N. lat. (Queets River) and east of 125deg44'00'' W. long.

   HOH--That portion of the FMA between 47deg54'18'' N. lat. (Quillayute River) and 47deg21'00'' N. lat. (Quinault River) and east of 125deg44'00'' W. long.

   QUINAULT--That portion of the FMA between 47deg40'06'' N. lat. (Destruction Island) and 46deg53'18'' N. lat. (Point Chehalis) and east of 125deg44'00'' W. long.

   C.2. Gear Restrictions

   1. Single point, single shank, barbless hooks are required in all fisheries.

   2. No more than eight fixed lines per boat.

   3. No more than four hand held lines per person in the Makah area fishery (Washington State Statistical Area 4B and that portion of the FMA north of 48deg02'15'' N. lat. (Norwegian Memorial) and east of 125deg44'00'' W. long.).

      C.3. Quotas

   1. The quotas include troll catches by the S'Klallam and Makah tribes in Washington State Statistical Area 4B from May 1 through September 15.

   2. 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 through 2013. Fish taken during this fishery are to be counted against treaty troll quotas established for the 2014 season (estimated harvest during the October ceremonial and subsistence fishery: 100 Chinook; 200 coho).

      C.4. Area Closures

   1. The area within a six nautical mile radius of the mouths of the Queets River (47deg31'42'' N. lat.) and the Hoh River (47deg45'12'' N. lat.) will be closed to commercial fishing.

   2. A closure within two nautical miles of the mouth of the Quinault River (47deg21'00'' 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.5. Inseason Management

      In addition to standard inseason actions or modifications already noted under the season description, the following inseason guidance applies:

   1. Chinook remaining from the May through June treaty-Indian ocean troll harvest guideline north of Cape Falcon may be transferred to the July through September harvest guideline on a fishery impact equivalent basis.

      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 April 4, 2014, NMFS published a final rule (79 FR 18827) to implement the IPHC's 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 implementation of the Area 2A Pacific halibut Catch Sharing Plan and the Area 2A management measures for 2014. 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

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      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. 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 (81.28 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).

      License applications for incidental harvest must be obtained from the International Pacific Halibut Commission (IPHC) (phone: 206-634-

      1838). Applicants must apply prior to mid-March 2015 for 2015 permits (exact date to be set by the IPHC in early 2015). Incidental harvest is authorized only during April, May, and June of the 2014 troll seasons and after June 30 in 2014 if quota remains and if announced on the NMFS hotline (phone: 1-800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the landings are projected to exceed the 29,671-pound preseason allocation or the total Area 2A non-Indian commercial halibut allocation, NMFS will take inseason action to prohibit retention of halibut in the non-Indian salmon troll fishery.

      May 1, 2014, through December 31, 2014, and April 1-30, 2015, license holders may land or possess no more than one Pacific halibut per each four Chinook, except one Pacific halibut may be possessed or landed without meeting the ratio requirement, and no more than 12 halibut may be possessed or landed per trip. Pacific halibut retained must be no less than 32 inches in total length (with head on).

      Incidental Pacific halibut catch regulations in the commercial salmon troll fishery adopted for 2014, prior to any 2014 inseason action, will be in effect when incidental Pacific halibut retention opens on April 1, 2015, unless otherwise modified by inseason action at the March 2015 Council meeting.

      NMFS and the Council request that salmon trollers voluntarily avoid a ``C-shaped'' YRCA (also known as the Salmon Troll YRCA) in order to protect yelloweye rockfish. Coordinates for the Salmon Troll YRCA are defined at 50 CFR 660.70(a) in the North Coast subarea (Washington marine area 3). See Section 1.C.7. in this document 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...................... 48deg23'00'' N. lat.

      Cape Alava, WA......................... 48deg10'00'' N. lat.

      Queets River, WA....................... 47deg31'42'' N. lat.

      Leadbetter Point, WA................... 46deg38'10'' N. lat.

      Cape Falcon, OR........................ 45deg46'00'' N. lat.

      Florence South Jetty, OR............... 44deg00'54'' N. lat.

      Humbug Mountain, OR.................... 42deg40'30'' N. lat.

      Oregon-California Border............... 42deg00'00'' N. lat.

      Humboldt South Jetty, CA............... 40deg45'53'' N. lat.

      Horse Mountain, CA..................... 40deg05'00'' N. lat.

      Point Arena, CA........................ 38deg57'30'' N. lat.

      Point Reyes, CA........................ 37deg59'44'' N. lat.

      Point San Pedro, CA.................... 37deg35'40'' N. lat.

      Pigeon Point, CA....................... 37deg11'00'' N. lat.

      Point Sur, CA.......................... 36deg18'00'' N. lat.

      Point Conception, CA................... 34deg27'00'' N. lat.

      Section 6. Inseason Notice Procedures

      Actual notice of inseason management actions will be provided by a telephone hotline administered by the West Coast Region, NMFS, 1-800-

      662-9825 or 206-526-6667, and by USCG 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 final rule is necessary for conservation and management of Pacific coast salmon stocks and is consistent with the Magnuson-Stevens Act and other applicable law. These regulations are being promulgated under the authority of 16 U.S.C. 1855(d) and 16 U.S.C. 773(c).

      This notification of annual management measures is exempt from review under Executive Order 12866.

      The Assistant Administrator for Fisheries finds good cause under 5 U.S.C. 553(b)(3)(B), to waive the requirement for prior notice and opportunity for public comment, as such procedures are impracticable and contrary to the public interest.

      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 or 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 culminating with 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

      Page 24593

      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 the benefit of information regarding current stock status. For the 2014 fishing regulations, the current stock status was not available to the Council until February. Because a substantial amount of fishing occurs during May and June, managing the fishery with measures developed using the prior year's data could have significant adverse effects on the managed stocks, including ESA-listed stocks. Although salmon fisheries that open prior to May are managed under the prior year's measures, as modified by the Council at its March meeting, relatively little harvest occurs during that period (e.g., on average, less than 5 percent of commercial and recreational harvest occurred prior to May 1 during the years 2001 through 2013). Allowing the much more substantial harvest levels normally associated with the May and June salmon seasons to be promulgated under the prior year's regulations would impair NMFS' ability to protect weak and ESA-listed salmon stocks, and to provide harvest opportunity where appropriate. The choice of May 1 as the beginning of the regulatory season balances the need to gather and analyze the data needed to meet the management objectives of the Salmon FMP and the need to manage the fishery using the best available scientific information.

      If these measures are not in place on May 1, the 2013 management measures will continue to apply in most areas. This would result in excessive impacts to some salmon stocks, including KRFC and ESA-listed California Coastal Chinook salmon.

      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.

      In addition, public comment is received and considered by the Council and NMFS throughout the process of developing these management measures. As described above, the Council takes comment at its March and April meetings, and hears summaries of comments received at public meetings held between the March and April meetings in each of the coastal states. NMFS also invited comments in a notice published prior to the March Council meeting, and considered comments received by the Council through its representative on the Council. Thus, these measures were developed with significant public input.

      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 and contrary to the public interest to provide an opportunity for prior notice and public comment under 5 U.S.C. 553(b)(3)(B).

      The Assistant Administrator for Fisheries 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 are not finalized until mid-April. These measures are essential to conserve threatened and endangered ocean salmon stocks, and to provide for harvest of more abundant stocks. Delaying the effectiveness of these measures by 30 days could compromise the ability of some stocks to attain their conservation objectives, preclude harvest opportunity, and negatively impact anticipated international, state, and tribal salmon fisheries, thereby undermining the purposes of this agency action and the requirements of the Magnuson-Stevens Act.

      To enhance the fishing industry's notification of these new measures, and to minimize the burden on the regulated community required to comply with the new regulations, NMFS is announcing the new measures over the telephone hotline used for inseason management actions and is posting the regulations on its West Coast Region Web site (http://www.westcoast.fisheries.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 the Office of Management and Budget (OMB) under control number 0648-

      0433. The public reporting burden for providing notifications if landing area restrictions cannot be met 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 (see ADDRESSES) and by email to OIRA.Submission@omb.eop.gov, or fax to 202-395-7285.

      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.

      NMFS has current ESA biological opinions that cover fishing under these regulations on all listed salmon species. NMFS reiterated their consultation standards for all ESA listed salmon and steelhead species in their annual Guidance letter to the Council dated March 4, 2014. Some of NMFS past biological opinions have found no jeopardy, and others have found jeopardy, but provided reasonable and prudent alternatives to avoid jeopardy. The management measures for 2014 are consistent with the biological opinions that found no jeopardy, and with the reasonable and prudent alternatives in the jeopardy biological opinions. The Council's recommended management measures therefore comply with NMFS' consultation standards and guidance for all listed salmon species which may be affected by Council fisheries. In some cases, the recommended measures are more restrictive than NMFS' ESA requirements.

      In 2009, NMFS consulted on the effects of fishing under the Salmon FMP on the endangered Southern Resident Killer Whale Distinct Population Segment (SRKW) and concluded the salmon fisheries were not likely to jeopardize SRKW. The 2014 salmon management measures are consistent with the terms of that biological opinion.

      This final rule was developed after meaningful consultation and collaboration with the affected tribes. The tribal representative on the Council made the motion for the regulations that apply to the tribal fisheries.

      Page 24594

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

      Dated: April 28, 2014.

      Samuel D. Rauch III,

      Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      FR Doc. 2014-10068 Filed 4-30-14; 8:45 am

      BILLING CODE 3510-22-P