Rule2022-10430
Fisheries Off West Coast States; West Coast Salmon Fisheries; 2022 Specifications and Management Measures
Primary source
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Published
May 16, 2022
Effective
May 16, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Through this final rule, NMFS establishes fishery management measures for the 2022 ocean salmon fisheries off Washington, Oregon, and California, and the 2023 salmon seasons opening earlier than May 16, 2023, under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The fishery management measures vary by fishery and by area and 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 nautical miles (nmi)) (5.6-370.4 kilometers (km)) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non- Indian commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement, comply with applicable law, and to provide fishing opportunity for inside fisheries (fisheries occurring in state waters).
Full Text
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<title>Federal Register, Volume 87 Issue 94 (Monday, May 16, 2022)</title>
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[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Rules and Regulations]
[Pages 29690-29706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10430]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 220510-0113]
RIN 0648-BK78
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2022 Specifications and Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Through this final rule, NMFS establishes fishery management
measures for the 2022 ocean salmon fisheries off Washington, Oregon,
and California, and the 2023 salmon seasons opening earlier than May
16, 2023, under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA). The fishery management measures
vary by fishery and by area and 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 nautical miles
(nmi)) (5.6-370.4 kilometers (km)) off Washington, Oregon, and
California. The management measures are intended to prevent overfishing
and to apportion the ocean harvest equitably among treaty Indian, non-
Indian commercial, and recreational fisheries. The measures are also
intended to allow a portion of the salmon runs to escape the ocean
fisheries in order to provide for spawning escapement, comply with
applicable law, and to provide fishing opportunity for inside fisheries
(fisheries occurring in state waters).
DATES: This final rule is effective from 0001 hours Pacific Daylight
Time, May 16, 2022, until the effective date of the 2023 management
measures, as published in the Federal Register.
ADDRESSES: The documents cited in this document are available on the
Pacific Fishery Management Council's (Council's) website
(<a href="http://www.pcouncil.org">www.pcouncil.org</a>).
FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562-676-2148.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ off the coasts of Washington,
Oregon, and California are managed under a framework fishery management
plan (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 FMP, by notification in
the Federal Register. Regulations at 50 CFR 660.408 govern the
establishment of annual management measures.
The management measures for the 2022 and early 2023 ocean salmon
fisheries that are implemented in this final rule were recommended by
the Council at its April 6 to 13, 2022, meeting.
Process Used To Establish 2022 Management Measures
The Council announced its annual preseason management process for
the 2022 ocean salmon fisheries on the Council's website at
<a href="http://www.pcouncil.org">www.pcouncil.org</a> (December 3, 2021), and in the Federal Register on
December 9, 2021 (86 FR 70114). NMFS published an additional notice of
opportunity to submit public comments on the 2022 ocean salmon
[[Page 29691]]
fisheries in the Federal Register on January 31, 2022 (87 FR 4869).
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 the development of the
2022 ocean salmon fisheries. The agendas for the March and April
Council meetings were published in the Federal Register (87 FR 9324,
February 18, 2022, and 87 FR 15944, March 21, 2022, respectively), and
posted on the Council's website prior to the meetings.
In accordance with the FMP, the Council's Salmon Technical Team
(STT) and economist prepared four reports for the Council, its
advisors, and the public. All four reports were made available on the
Council's website upon their completion. The first of the reports,
``Review of 2021 Ocean Salmon Fisheries,'' was prepared in February
when the first increment of scientific information necessary for
crafting management measures for the 2022 and early 2023 ocean salmon
fisheries became available. The first report summarizes biological and
socio-economic data from the 2021 ocean salmon fisheries and assesses
the performance of the fisheries with respect to the Council's 2021
management objectives as well as provides historical information for
comparison. The second report, ``Preseason Report I Stock Abundance
Analysis and Environmental Assessment Part 1 for 2022 Ocean Salmon
Fishery Regulations'' (PRE I), provides the 2022 salmon stock abundance
projections and analyzes how the stocks and Council management goals
would be affected if the 2021 management measures (the No-Action
Alternative under the National Environmental Policy Act (NEPA)) were
continued for the 2022/2023 fishing season. The completion of PRE I is
the initial step in developing and evaluating the full suite of
preseason alternatives.
Following completion of the first two reports, the Council met via
webinar and in-person from March 8 to 14, 2022, to develop 2022
management alternatives for proposal to the public and consideration
under NEPA. The Council proposed three alternatives for commercial and
recreational fisheries management, and three alternatives for treaty
Indian fisheries management for analysis and public comment. These
alternatives consisted of various combinations of management measures
designed to ensure that stocks of coho and Chinook salmon meet
conservation goals, and to provide for ocean harvests of more abundant
stocks. After the March Council meeting, the Council's STT and
economist prepared a third report, ``Preseason Report II Proposed
Alternatives and Environmental Assessment Part 2 for 2022 Ocean Salmon
Fishery Regulations'' (PRE II), which analyzes the effects of the
proposed 2022 management alternatives.
The Council sponsored public hearings via webinar to receive
testimony on the proposed alternatives on March 22, 2022, for
Washington and California, and on March 23, 2022, for Oregon. 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 and
electronic submissions via the Council's electronic portal and via
<a href="http://www.regulations.gov">www.regulations.gov</a>.
The Council met from April 7 to 13, 2022, via webinar and in-
person, to adopt its final 2022 ocean salmon management
recommendations; which it did on April 12, 2022. Following the April
Council meeting, the Council's STT and economist prepared a fourth
report, ``Preseason Report III Analysis of Council-Adopted Management
Measures for 2022 Ocean Salmon Fisheries'' (PRE III), which analyzes
the environmental and socioeconomic effects of the Council's final
recommendations (the Council's Proposed Action under NEPA). The Council
transmitted the recommended management measures to NMFS on April 28,
2022, and published them on its website (<a href="http://www.pcouncil.org">www.pcouncil.org</a>).
Under the FMP, the ocean salmon management cycle begins May 16 and
continues through May 15 of the following year. This final rule is
effective on May 16, 2022, consistent with the FMP. Fisheries that
begin prior to May 16, 2022, are governed by the final rule
implementing the salmon fishery management measures for the 2021 ocean
salmon season (86 FR 26425, May 14, 2021; 86 FR 28293, May 26, 2021).
The majority of fisheries recommended by the Council for 2022 begin May
16, 2022, and are authorized under this rule. Salmon fisheries
scheduled to begin before May 16, 2022, which were authorized under the
2021 rule, are:
<bullet> Commercial ocean salmon fisheries from the U.S./Canada
border to the Oregon/California border,
<bullet> Commercial ocean salmon fisheries from Pigeon Point, CA,
to the U.S./Mexico border,
<bullet> Recreational ocean salmon fisheries from Cape Falcon, OR,
to Humbug Mountain, OR,
<bullet> Recreational ocean salmon fisheries from the Oregon/
California border to the U.S./Mexico border, and
<bullet> Treaty Indian troll ocean salmon fisheries north of Cape
Falcon.
For purposes of analyzing the impacts of these fisheries on
individual stocks relative to the applicable objectives in the FMP,
Council analysts assumed fisheries between March 15 to May 15, 2022,
would be conducted under the 2021 management measures, consistent with
the effective date of the 2021 salmon management measures rule and
subsequent inseason actions under 50 CFR 660.409. Several fisheries
scheduled to open between March 15, 2022, and May 15, 2022, were
modified through inseason action to shorten or delay the fisheries in
response to updated salmon stock forecast information for 2022.
National Environmental Policy Act (NEPA)
The environmental assessment (EA) for this action comprises the
Council's documents described above (PRE I, PRE II, and PRE III),
providing an analysis of environmental and socioeconomic effects under
NEPA. The EA and its related Finding of No Significant Impact are
posted on the NMFS West Coast Region website (<a href="http://www.fisheries.noaa.gov/region/west-coast">www.fisheries.noaa.gov/region/west-coast</a>).
Resource Status
Stocks of Concern
The FMP requires that the fisheries be managed to meet escapement-
based Annual Catch Limits (ACLs), Endangered Species Act (ESA)
consultation requirements, obligations of the Pacific Salmon Treaty
(PST) between the United States and Canada, and other conservation
objectives detailed in the FMP. In addition, under the MSA, all
regulations must be consistent with other applicable laws. Because the
ocean salmon fisheries are mixed-stock fisheries, this requires ``weak
stock'' management to avoid exceeding limits for the stocks with the
most constraining limits. Abundance forecasts for individual salmon
stocks can vary significantly from one year to the next; therefore, the
stocks that constrain the fishery in one year may
[[Page 29692]]
differ from those that constrain the fishery in the next. For 2022,
several stocks will constrain fisheries; these are described below.
Fisheries south of Cape Falcon are limited in 2022 primarily by
conservation concerns for Klamath River fall-run Chinook salmon (KRFC)
and the ESA-listed California Coastal (CC) Chinook salmon
evolutionarily significant unit (ESU). NMFS determined in 2018 that the
KRFC stock was overfished, as defined under the MSA and the FMP, and it
is being managed under a rebuilding plan (85 FR 75920, November 27,
2020). In addition to KRFC, three coho salmon stocks (Queets River
natural coho salmon, Strait of Juan de Fuca natural coho salmon and
Snohomish River natural coho salmon) were determined in 2018 to be
overfished and are being managed under rebuilding plans (86 FR 9301,
February 12, 2021). Meeting conservation objectives for these three
coho salmon stocks will not constrain fisheries in 2022.
Fisheries north of Cape Falcon are limited by ESA conservation
requirements for the Lower Columbia River (LCR) Chinook salmon ESU--
primarily the natural tule component of the LCR Chinook salmon ESU. The
limitations imposed in order to protect these stocks are described
below. The alternatives and the Council's adopted management measures
for 2022 were designed to avoid exceeding these limitations.
KRFC (non-ESA-listed): Abundance for this non-ESA-listed stock in
the last decade has been historically low, and the stock is currently
overfished based on spawning escapement in 2015, 2016, and 2017. The
FMP defines ``overfished'' status in terms of a three-year geometric
mean escapement level and whether it is below the minimum stock size
threshold (MSST). The forecast abundance for KRFC in 2022 is 200,117.
Fisheries in 2022 will be constrained in Oregon and California to meet
the requirements of the KRFC harvest control rule in the FMP and the
rebuilding plan, to meet a 25 percent de minimis exploitation rate,
which results in a natural-area spawning escapement projection of
38,180, which is greater than the MSST (30,525 spawners), but below the
maximum sustainable yield spawner escapement (S<INF>MSY</INF>) (40,700
spawners). A natural-area escapement of 38,180 adults would represent
the 25th lowest value over the past 44 years of data. Ocean salmon
fisheries south of Cape Falcon, particularly in the Klamath Management
Zone (KMZ) from Humbug Mountain, OR, to Horse Mountain, CA, will be
constrained to meet this goal.
California Coastal (CC) Chinook salmon--ESA-listed Threatened: The
CC Chinook salmon ESU has been listed as threatened under the ESA since
1999. To meet requirements of the 2005 biological opinion on Council
fisheries for CC Chinook salmon, salmon fisheries off Northern
California and Southern Oregon will be severely constrained in 2022 to
limit fishery impacts on age-4 KRFC, which serves as a surrogate for
these fisheries' impact on CC Chinook salmon. The ESU has been managed
for a consultation standard not to exceed a 16 percent age-4 ocean
harvest rate on KRFC Chinook salmon. On March 28, 2022, NMFS
reinitiated consultation on the effects of the implementation of the
FMP on CC Chinook salmon because the post-season assessment of the 2021
ocean fisheries indicated that the take limit for CC Chinook salmon had
been exceeded. The NMFS guidance for CC Chinook salmon was to manage
2022 ocean salmon fisheries more conservatively so as not to exceed the
16 percent age-4 ocean harvest rate on KRFC salmon given the pattern of
performance in recent years. NMFS expects to complete the reinitiated
consultation in time to inform the 2023 management measures for the
fisheries.
Pending completion of the reinitiated consultation, NMFS assessed
the potential effects of the 2022 fisheries on CC Chinook salmon and
reported on that assessment at the March Council meeting. The
assessment included consideration of all information currently
available relating to the impacts of Council fisheries on the CC
Chinook salmon ESU. NMFS considered the most recent revisions to the
Klamath Ocean Harvest Model (KOHM), the information presented in Pre-I
analyzing the effects of the model revisions, analyses of contact rate
patterns provided by California Department of Fish and Wildlife (CDFW)
staff, environmental conditions that may contribute to high contact
rates on CC Chinook salmon, and discussions with the Salmon Advisory
Subpanel and Oregon and California state managers.
Unusually high contact rates relative to effort in the fishery
appear to be one of the primary drivers in the higher age-4 KRFC rates
in recent years. The revisions to the KOHM use contact rates in the
most recent years (2015-2019). Contact rates in those years are the
highest in the data series for most areas and are higher in most areas
and months when compared to the contact rates used in 2021 modelling.
The analysis of the KOHM revisions as summarized in Appendix D of the
Pre-I report indicates that the revisions made in 2022 substantially
reduce the likelihood of exceeding the age-4 KRFC ocean salmon limit
when compared to the data used in the 2021 KOHM revision. However, the
retrospective analysis indicates that the updated model would still
have under-predicted the KRFC age-4 ocean exploitation rate limit in 3
of the 4 years in the analysis by an average of 18 percent, and
substantially so in 2021. Adjusting for the 18 percent under-prediction
results in an age-4 KRFC harvest rate target of 9 to 11.5 percent.
Environmental indicators have also been an important driver in the
pattern of contact rates in recent years. Ocean conditions have likely
led to the high survival and concentration of anchovies and other
preferred prey off Fort Bragg and San Francisco management areas in
recent years. Salmon have followed the food, concentrating in those
areas as well. Low flows and high temperatures in the Sacramento and
Klamath Rivers may have led to thermal blockages impeding migration
into the rivers and low freshwater survival of spawners. The Integrated
Ecosystem Assessment presented at the March Council meeting indicates
the conditions observed in 2021 are likely to continue in 2022.
Discussions with the Council's Salmon Advisory Subpanel (SAS) and CDFW
staff along with the documentation describing proposed fishing regimes
under consideration by the Council indicate that ocean salmon seasons
in 2022 will be much more constrained in 2022 when compared with 2021
for the areas and months with greatest impacts to KRFC Chinook. The
collective information indicated the risk of an over-prediction of the
age-4 KRFC ocean harvest rate was reduced compared to an assessment of
prior performance. However, the uncertainty in the information
indicated a cautious approach was warranted, and NMFS' guidance was to
manage 2022 ocean fisheries using a target age-4 KRFC ocean
exploitation rate of 10 percent.
The adopted management measures result in a projected KRFC age-4
ocean harvest rate of 10 percent, which is consistent with the 2022
NMFS guidance to limit the forecast KRFC age-4 ocean harvest rate to a
maximum of 10 percent. Based on that assessment, NMFS has made a
determination that, consistent with sections 7(a)(2) and 7(d) of the
ESA, this action will not jeopardize any listed species, would not
adversely modify designated critical habitat, and will not result in
any irreversible or irretrievable commitment of resources that would
have the effect of foreclosing the formulation or
[[Page 29693]]
implementation of any reasonable and prudent alternative measures (NMFS
2019).
Southern Oregon/Northern California Coastal Coho salmon (SONCC
coho): The SONCC coho salmon ESU consists of all naturally produced
populations of coho salmon from coastal streams between Cape Blanco,
OR, and Punta Gorda, CA, and limited artificial propagation programs
(currently: Cole Rivers Hatchery in Oregon, and Trinity and Iron Gate
Hatcheries in California). Under the FMP, ESA consultation standards
are used to manage ESA-listed stocks, including SONCC coho salmon. In
January 2022, the Council adopted a new harvest control rules for SONCC
coho salmon for recommendation to NMFS, informed by the risk assessment
produced by the Ad-hoc SONCC Coho Salmon Technical Workgroup. In
January of 2022, the Council adopted new harvest control rules limiting
the total fishery (marine and freshwater) exploitation rate to 15
percent, for all populations within the SONCC ESU, except the Trinity
River coho salmon population, which is limited to 16 percent. Salmon
fisheries in 2022 will be managed consistent with these harvest control
rules. NMFS' West Coast Region signed a new biological opinion on
harvest impacts to SONCC coho salmon under the new control rule on
April 28, 2022 (WCRO-2021-03260).
LCR Chinook salmon (ESA-listed threatened): The LCR Chinook salmon
ESU comprises a spring component, a ``far-north'' migrating bright
component, and a tule component. 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. Under the
provisions of NMFS' 2012 biological opinion on the impact of Council-
area salmon fisheries on LCR Chinook salmon, Council fisheries must be
managed subject to an abundance-based management (ABM) framework, after
accounting for anticipated impacts in northern fisheries and freshwater
fisheries that are outside the action area. Applying the ABM framework
to the 2022 preseason abundance forecast, the total LCR tule
exploitation rate for all salmon fisheries is limited to a maximum of
38 percent. Fisheries will be constrained north of Cape Falcon in 2022
such that, when combined with all other salmon fisheries in the ocean
and in the Columbia River below Bonneville Dam, the ESA requirement is
met.
Other Resource Issues
Southern Resident Killer Whale (SRKW) (ESA-listed endangered): The
SRKW distinct population segment (DPS) was listed under the ESA as
endangered in 2005 (70 FR 69903, November 18, 2005). At its 2019
meeting, the Council formed an ad hoc workgroup (SRKW Workgroup),
including salmon and SRKW experts, to develop a long-term approach that
included proposed conservation measures and management tools that would
limit PFMC fishery impacts to prey availability for SRKW relative to
implementing the FMP.
The SRKW workgroup developed a risk assessment report which
suggests that Chinook salmon abundance north of Cape Falcon is
consistently more important to SRKW than abundance in areas south of
Cape Falcon. The report noted that the SRKW DPS is observed north of
Cape Falcon in all seasons and likely has some direct overlap with the
salmon fisheries every year, whereas there is likely limited overlap
with the salmon fisheries in some years south of Cape Falcon.
Furthermore, the contribution of Chinook salmon south of Cape Falcon to
SRKW diet may also be largely confined to the winter/spring season,
after maturing fall-run Chinook salmon adults that escaped the current
year's fishery leave the ocean. The report also provided evidence that,
after executing Council-area salmon fisheries, the percent of prey
remaining and available to SRKW has increased coastwide over the last
several decades. The SRKW Workgroup's risk assessment report provides
the most current information on SRKW and their predator-prey
interaction with Pacific salmon.
Based largely on the SRKW Workgroup's risk assessment report, the
Council developed an approach to set a Chinook salmon annual abundance
management threshold below which the Council and NMFS would implement
specific measures to limit ocean salmon fishery impacts on Chinook
salmon in order to increase salmon prey availability for SRKW. These
measures include time and area closures, a quota limitation for the
North of Falcon area, and temporal shifts in fishing. At its November
2020 meeting, the Council adopted this approach as an amendment to the
FMP for recommendation to NMFS (Amendment 21 to the FMP). NMFS
completed an ESA consultation on authorization of the ocean salmon
fishery in the west coast EEZ through approval of the FMP and
promulgation of regulations implementing the plan, including approval
and implementation of Amendment 21 in 2021 (86 FR 51017, September 14,
2021) that concluded that the action was not likely to jeopardize the
continued existence of the SRKW DPS or destroy or adversely modify its
designated or proposed critical habitat. The Council and NMFS
considered the Chinook salmon abundance relative to the provisions of
Amendment 21 when developing 2022 annual management measures. Because
the pre-season estimate of the abundance of Chinook salmon in 2022
exceeds the threshold in the FMP, the Council did not recommend
implementation of the additional management measures included in the
FMP. The 2022 management measures are consistent with the proposed
action analyzed in the 2021 biological opinion.
Hoko summer/fall Chinook salmon (Hoko Chinook salmon): The Hoko
Chinook salmon stock is managed in Council-area and in northern
fisheries, subject to the provisions of the Council's salmon FMP and
the PST. Under the FMP, Hoko Chinook salmon are managed for spawning
escapement of 850 naturally spawning adults. The forecast of Hoko
Chinook salmon in 2022 is for an escapement of 940 adult Chinook salmon
in the absence of fishing. With the northern fisheries that are
expected to occur within the limit identified in the PST, the spawning
escapement is projected to be at a level below the escapement goal.
Escapement in the last 5 years has averaged 1,726 (with a range of
1,188-2,179), consistently higher than the escapement goal. Under the
provisions of the PST, Hoko Chinook salmon are managed to an
exploitation rate limit of 10 percent in southern U.S. fisheries. The
projected exploitation rate for 2022 is 2.1 percent, of which 1.9
percent is occurring in Council area fisheries, well below the 10
percent PST limit. This represents a level of fishery impact in Council
area fisheries that is below the levels defined as de minimis for other
Chinook salmon stocks in the FMP. The state of Washington and the
treaty tribes support the proposed fishery management measures that are
anticipated to lead to a projected escapement of 735 adult spawners.
The FMP specifies that ``Annual natural spawning escapement targets may
vary from FMP conservation objectives if agreed to by Washington
Department of Fish and Wildlife (WDFW) and treaty tribes under the
provisions of Hoh v. Baldrige and subsequent U.S. District Court
orders.'' Salmon fishery impacts on Hoko Chinook salmon are therefore
[[Page 29694]]
consistent with limits required by the PST and provisions of the FMP.
Annual Catch Limits and Status Determination Criteria
Annual Catch Limits (ACLs) are required for all stocks or stock
complexes in the fishery that are not managed under an international
agreement, listed under the ESA, or designated as hatchery stocks. For
salmon, these reference points are defined in terms of spawner
escapement. ACLs are set for two Chinook salmon stocks, SRFC and KRFC,
and one coho salmon stock, Willapa Bay natural coho salmon. The Chinook
salmon stocks are indicator stocks for the Central Valley Fall Chinook
salmon complex, and the Southern Oregon/Northern California Chinook
salmon complex, respectively. The Far North Migrating Coastal Chinook
salmon complex (FNMC) includes a group of Chinook salmon stocks that
are caught primarily in fisheries north of Cape Falcon and other
fisheries that occur north of the U.S./Canada border. No ACL is set for
FNMC stocks because they are managed subject to provisions of the PST
between the United States (U.S.) and Canada (the MSA provides an
international exception from ACL requirements that applies to stocks or
stock complexes subject to management under an international agreement,
which is defined as ``any bilateral or multilateral treaty, convention,
or agreement which relates to fishing and to which the U.S. is a
party'' (50 CFR 600.310(h)(1)(ii)). The Columbia Upper River Bright
Fall and Summer Chinook stocks are also managed under the provisions of
the PST. Other Chinook salmon stocks caught in fisheries north of Cape
Falcon are ESA-listed or hatchery produced, and are managed consistent
with ESA consultations or hatchery goals. Willapa Bay natural coho
salmon is the only coho salmon stock for which an ACL is set, as the
other coho salmon stocks in the FMP are either ESA-listed, hatchery
produced, or managed under the PST.
ACLs for salmon stocks are escapement-based, which means they
establish a number of adults that must escape the fisheries to return
to the spawning grounds. ACLs are set based on the annual potential
spawner abundance forecast and a fishing rate reduced to account for
scientific uncertainty. For SRFC in 2022, the overfishing limit (OFL)
is S<INF>OFL</INF> = 396,458 (potential spawner abundance forecast)
multiplied by 1-F<INF>MSY</INF> (1-0.78) or 87,221 returning spawners
(F<INF>MSY</INF> is the fishing mortality rate that would result in
maximum sustainable yield--MSY). S<INF>ABC</INF> (the spawner
escapement that is associated with the acceptable biological catch) is
396,458 multiplied by 1-F<INF>ABC</INF> (1-0.70) (F<INF>MSY</INF>
reduced for scientific uncertainty = 0.70) or 118,937. The
S<INF>ACL</INF> is set equal to S<INF>ABC,</INF> i.e., 118,937
spawners. SRFC has a conservation objective of 122,000-180,000 spawning
escapement. In recent years, the stock has not met the low end of this
objective; therefore, the Council targeted a spawning escapement of
180,000 for SRFC, the upper end of the conservation objective for this
stock, in developing the 2022 ocean salmon fisheries. The adopted
management measures provide for a projected SRFC spawning escapement of
198,694. For KRFC in 2022, S<INF>OFL</INF> is 50,906 (potential spawner
abundance forecast) multiplied by 1-F<INF>MSY</INF> (1-0.71), or 14,763
returning spawners. S<INF>ABC</INF> is 50,906 multiplied by 1-
F<INF>ABC</INF> (1-0.68) (F<INF>MSY</INF> reduced for scientific
uncertainty = 0.68) or 16,290 returning spawners. S<INF>ACL</INF> is
set equal to S<INF>ABC</INF>, i.e., 16,290 spawners. When KRFC
potential spawner abundance is projected to be less than 54,267
natural-area adults, fisheries are managed under the de minimis portion
of the control rule, which allows for some fishing opportunity but
results in the expected escapement falling below 40,700 natural-area
adult spawners (S<INF>MSY</INF>). The adopted management measures
provide for a projected KRFC spawning escapement of 38,180. For Willapa
Bay natural coho salmon in 2022, S<INF>OFL</INF> = 51,464 (potential
spawner abundance forecast) multiplied by 1-F<INF>MSY</INF> (1-0.74) or
13,381 returning spawners. S<INF>ABC</INF> is 51,464 multiplied by 1-
F<INF>ABC</INF> (1-0.70) (F<INF>MSY</INF> reduced for scientific
uncertainty = 0.70) or 15,439. S<INF>ACL</INF> is set equal to
S<INF>ABC</INF>, i.e., 15,439 spawners. The adopted management measures
provide for a projected Willapa Bay natural coho salmon ocean
escapement of 24,418. In summary, for 2022, the projected abundance of
the three stocks with ACLs (SRFC, KRFC, and Willapa Bay natural coho
salmon), in combination with the constraints for ESA-listed and non-
ESA-listed stocks, is expected to result in escapements greater than
required to meet the ACLs for all three stocks with defined ACLs.
Public Comments
The Council invited written comments on developing 2022 salmon
management measures in their notice announcing public meetings and
hearings (86 FR 70114, December 9, 2021). At its March meeting, the
Council developed three alternatives for 2022 commercial and
recreational salmon management measures having a range of quotas,
season structure, and impacts, from the least restrictive in
Alternative I to the most restrictive in Alternative III, as well as
three alternatives for 2022 North of Cape Falcon treaty Indian troll
salmon management measures. 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 320 written comments on 2022 ocean salmon fisheries
via their electronic portal. The three public hearings were attended by
a total of 145 people; 38 people provided oral comments. Comments came
from individual fishers, fishing associations, fish buyers, processors,
the general public, and conservation organizations. Written and oral
comments addressed the 2022 management alternatives described in PRE II
and generally expressed preferences for a specific alternative or for
particular season structures. All comments were made available via the
Council's online briefing book for the April 2022 Council 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, 2022. In addition to comments collected at the public
hearings and those submitted directly to the Council, several people
provided oral comments at the April 2022 Council meeting. NMFS also
invited comments to be submitted directly to the Council or to NMFS,
via the Federal Rulemaking Portal (<a href="http://www.regulations.gov">www.regulations.gov</a>) in a notice (87
FR 4869, January 31, 2022); NMFS received 20,509 comments via the
Federal Rulemaking Portal.
Comments on alternatives for commercial salmon fisheries. Many
written comments were from commercial salmon fisheries located on the
coast of California. Of those written comments, the majority supported
Alternative I followed by Alternative II. Those testifying on north of
Cape Falcon commercial salmon fisheries at the Washington hearing
supported the total allowable catch for Chinook salmon in Alternative I
and specifically the 65,000 Chinook salmon and 210,000 coho salmon
total allowable catches. Those testifying on south of Cape Falcon
commercial salmon fisheries at the Oregon hearing supported Alternative
I. Those testifying on south of Cape Falcon commercial salmon fisheries
at the California hearing largely supported Alternative I and splitting
the July and August dates into 5-day openers. The
[[Page 29695]]
Council adopted commercial fishing measures north and south of Cape
Falcon that are within the range of the alternatives considered.
Comments on alternatives for recreational fisheries. Many written
comments did not identify the fishery being commented on, either by
geography or sector. Those that did submit written comments
specifically on recreational fisheries supported Alternative I almost
unanimously. Most spoke to maximizing fishing opportunity, which would
be consistent with Alternative I. Many spoke to the economic benefit to
businesses and communities from recreational fisheries. In-person
testimony on recreational fisheries at the three public hearings was
similar to the written comments--support for maximizing fishing
opportunity. The Council adopted recreational fishing measures north
and south of Cape Falcon that are within the range of alternatives
considered.
Comments from federally recognized tribes, including treaty tribe
representatives. At its March and April meetings, the Council heard
testimony from members of several federally recognized tribes including
tribes with treaty rights for salmon harvest; additional tribal
comments were submitted in writing. Tribes expressed concerns over the
uncertainty of forecasts for some stocks in 2022 and the ramifications
of the proposed ocean fisheries and some specific management measures
to inland tribal fisheries. Some concerns were directed towards
Columbia River stocks such as the Lower River Hatchery tules (LRH;
hatchery Columbia River tule fall Chinook salmon below Bonneville Dam)
and lower Columbia River coho salmon. Tribes also expressed concerns
over the underutilization of hatcheries as a salmon recovery tool while
minimizing any potential risks to natural origin fish.
Comments on SRKW. NMFS and the Council received a combined 20,677
comments regarding SRKW. The majority of these comments were not
relevant to the development of the 2022 annual management measures for
ocean salmon fisheries; rather these comments reiterated comments NMFS
previously addressed in the final EA for FMP Amendment 21 (<a href="https://www.fisheries.noaa.gov//action/amendment-21-pacific-coast-salmon-fishery-management-plan">https://www.fisheries.noaa.gov//action/amendment-21-pacific-coast-salmon-fishery-management-plan</a>) and in the notice of agency decision (86 FR
51017, September 14, 2021). The minority of these comments that were
directed at the 2022 annual management measures requested restrictions
beyond those included in the Council's Alternative III for 2022 ocean
salmon management measures (the most restrictive alternative developed
for the 2022 ocean salmon management measures), requesting further
restriction of catch limits, limiting size of quotas, limiting season
lengths, and closing additional areas to fishing.
The Council, including the NMFS representative, took all of these
comments into consideration. The Council's final recommendation
generally includes aspects of all three alternatives, while taking into
account the best available scientific information and ensuring that
fisheries are consistent with impact limits and accountability measures
for ESA-listed species, ACLs, PST obligations, MSA requirements, and
tribal fishing rights. The Council and NMFS also considered comments on
the NEPA analysis in preparing the final EA.
2022 Specifications and Management Measures
The Council's recommended ocean harvest levels and management
measures for the 2022 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 to be responsive to the goals of the FMP,
the requirements of the resource, and the socioeconomic factors
affecting resource users. The recommendations are consistent with the
requirements of the MSA, 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
are consistent with the proposed actions analyzed in NMFS' ESA
consultations for those ESA-listed species that may be affected by
Council fisheries, and are otherwise consistent with ESA obligations.
Accordingly, NMFS, through this final rule, approves and implements the
Council's recommendations.
North of Cape Falcon, 2022 management measures for non-Indian
commercial troll and recreational fisheries have slightly decreased
quotas for Chinook salmon compared to 2021 due to the lower abundance
of LCR natural tule Chinook, lower Columbia River hatchery Chinook, and
Spring Creek Hatchery Chinook salmon; coho salmon quotas are
substantially higher than in 2021, due to much higher abundance
forecasts for Columbia River and coastal Washington coho salmon stocks,
but was constrained by low forecasts for Thompson and Puget Sound
natural coho salmon. Overall, north of Cape Falcon non-Indian
commercial and recreational total allowable catch in 2022 is 54,000
Chinook salmon and 200,000 coho salmon marked with a healed adipose fin
clip. The commercial troll fishery, north of Cape Falcon, will have a
May-June Chinook salmon only fishery with a quota of 18,000 Chinook
salmon, and a July-September fishery with a quota of 9,000 Chinook
salmon or 32,000 marked coho salmon. The recreational fishery, north of
Cape Falcon, will have a July-September fishery with a total allowable
catch of 27,000 Chinook salmon and 168,000 marked coho salmon, with
subarea quotas.
Quotas for the 2022 treaty-Indian commercial troll fishery North of
Cape Falcon are 40,000 Chinook salmon and 52,000 coho salmon in ocean
management areas and Washington State Statistical Area 4B combined.
These quotas provide the same amount of Chinook salmon and
substantially more coho salmon than in 2021. The treaty-Indian
commercial fisheries include a May-June fishery with a quota of 20,000
Chinook salmon, and a July-September fishery, with quotas of 20,000
Chinook salmon and 52,000 coho salmon.
South of Cape Falcon, commercial troll and recreational fishery
management measures are designed to meet conservation and management
goals for KRFC spawning escapement and to not exceed the ESA-take
limits for CC Chinook salmon and LCR tule Chinook salmon.
The timing of the March and April Council meetings makes it
impracticable for the Council to recommend fishing seasons that begin
before mid-May of the same year. Therefore, this action also
establishes the 2023 fishing season that opens earlier than May 16. The
Council recommended, and NMFS concurs, that the commercial and
recreational seasons will open in 2023 as indicated under the ``Season
Description'' headings (in ``Section 1. Commercial Management Measures
for 2022 Ocean Salmon Fisheries'' and ``Section 2. Recreational
Management Measures for 2022 Ocean Salmon Fisheries'') of this final
rule. At the March and/or April 2023 meeting, NMFS may take inseason
action, if recommended by the Council, to adjust the commercial and
recreational seasons prior to the effective date of the 2023 management
measures which are expected to be effective in mid-May 2023. In 2023,
the Treaty Indian ocean troll season will open May 1, consistent with
all preseason regulations in place
[[Page 29696]]
for Treaty Indian Troll fisheries during May 16-June 30, 2022. All
catch in May 2023 applies against the 2023 Treaty Indian Troll
fisheries quota. This opening could be modified following Council
review at its March and/or April 2023 meetings.
Sections 1, 2, and 3 below set out the final specifications and
management measures for the ocean salmon fishery for 2022 and, as
specified, for 2023. Section 1 governs commercial fisheries; Section 2
governs recreational fisheries; and Section 3 governs Treaty Indian
Fisheries. Also, Section 4 below provides requirements for halibut
retention; Section 5 provides geographical landmarks; and Section 6
specifies notice procedures for inseason modifications. These measures
were recommended by the Council and approved by NMFS. Those elements of
the measures set forth below that refer to fisheries implemented prior
to May 16, 2022 were promulgated in our 2021 rule (86 FR 26425, May 14,
2021; 86 FR 28293, May 26, 2021) and modified by inseason action at the
March and April 2022 Council meetings (87 FR 24882, April 27, 2022),
and are included for information only and to provide continuity for the
public and for states adopting conforming regulations each May that
refer to the Federal rule for the same year.
Section 1. Commercial Management Measures for 2022 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
requirements, definitions, restrictions, and exceptions.
Fisheries may need to be adjusted through inseason action to meet
NMFS ESA consultation standards, FMP requirements, other management
objectives, or upon receipt of new allocation recommendations from the
California Fish and Game Commission.
A. Season Description
North of Cape Falcon, OR
--U.S./Canada border to Cape Falcon
May 1-15, 2022;
May 16 through the earlier of June 29, or 18,000 Chinook salmon.
No more than 6,040 of which may be caught in the area between the
U.S./Canada border and the Queets River, and no more than 4,840 of
which may be caught in the area between Leadbetter Point and Cape
Falcon (see C.8). Open seven days per week (see C.1). In the area
between the U.S./Canada border and the Queets River the landing and
possession limit is 80 Chinook salmon per vessel per landing week
(Thursday-Wednesday) (see C.1, C.6). In the area between Leadbetter
Point and Cape Falcon the landing and possession limit is 80 Chinook
salmon per vessel per landing week (Thursday-Wednesday) (see C.1, C.6).
All salmon, except coho salmon (see C.4, C. 7). Chinook salmon minimum
size limit of 27 inches total length (see B). See compliance
requirements (see C.1) and gear restrictions and definitions (see C.2,
C.3). When it is estimated that approximately 50 percent of the overall
Chinook salmon quota or any Chinook subarea guideline has been landed,
inseason action may be considered to ensure the quota and subarea
guidelines are not exceeded.
In 2023, the season will open May 1 consistent with all preseason
regulations in place in this area and subareas during May 16-June 29,
2022, including subarea salmon guidelines and quotas and weekly vessel
limits except as described below for vessels fishing or in possession
of salmon north of Leadbetter Point. This opening could be modified
following Council review at its March and/or April 2023 meetings.
July 1 through the earlier of September 30, or 9,000 Chinook salmon
or 32,000 coho salmon (see C.8).
Open seven days per week. All salmon. Chinook salmon minimum size
limit of 27 inches total length. Coho salmon minimum size limit of 16
inches total length (see B, C.1). All coho salmon must be marked with a
healed adipose fin clip (see C.8.d). No chum salmon retention north of
Cape Alava, Washington beginning August 1 (see C.4, C.7). See
compliance requirements (see C.1) and gear restrictions and definitions
(see C.2, C.3). Landing and possession limit of 150 marked coho salmon
per vessel per landing week (Thursday-Wednesday) (see C.1). When it is
estimated that approximately 50 percent of the overall Chinook salmon
quota or any Chinook salmon subarea guideline has been landed, inseason
action may be considered to ensure the quota and subarea guidelines are
not exceeded.
For all commercial troll fisheries north of Cape Falcon: Mandatory
closed areas include: Salmon Troll Yelloweye Rockfish Conservation Area
(YRCA), Cape Flattery, and Columbia Control Zones, and beginning August
8, Grays Harbor Control Zone (see C.5). Vessels must land and deliver
their salmon within 24 hours of any closure of this fishery. Vessels
may not land fish east of the Sekiu River or east of the Megler-Astoria
Bridge. Vessels fishing or in possession of salmon north of Leadbetter
Point must land and deliver all species of fish in a Washington port
and must possess a Washington troll and/or salmon delivery license. For
delivery to Washington ports south of Leadbetter Point, vessels must
notify the WDFW at 360-249-1215 prior to crossing the Leadbetter Point
line with area fished, total Chinook salmon, coho salmon, and halibut
catch aboard, and destination with approximate time of delivery. During
any single trip, only one side of the Leadbetter Point line may be
fished (see C.11). Vessels fishing or in possession of salmon while
fishing south of Leadbetter Point must land and deliver all species of
fish within the area and south of Leadbetter Point, except that Oregon
permitted vessels may also land all species of fish in Garibaldi, OR.
All Chinook salmon caught north of Cape Falcon and being delivered by
boat to Garibaldi, OR must meet the minimum legal total length of 28
inches for Chinook salmon for south of Cape Falcon seasons unless the
season in waters off Garibaldi, OR have been closed for Chinook salmon
retention for more than 48 hours (see C.1).
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, WA and
Cape Falcon, OR to notify the Oregon Department of Fish and Wildlife
(ODFW) within one hour of delivery or prior to transport away from the
port of landing by either calling 541-857-2546 or sending notification
via email to <a href="/cdn-cgi/l/email-protection#610f07000d020e0f4f15130e0d0d1304110e1315210e0507164f0e1304060e0f4f060e17"><span class="__cf_email__" data-cfemail="533d35323f303c3d7d27213c3f3f2136233c2127133c3735247d3c2136343c3d7d343c25">[email protected]</span></a>. 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 (see C.8).
Vessels in possession of salmon north of the Queets River may not
cross the Queets River line without first notifying WDFW at 360-249-
1215 with area fished, total Chinook salmon, coho salmon, and halibut
catch aboard, and destination. Vessels in possession of salmon south of
Queets River may not cross the Queets River line without first
notifying WDFW at 360-249-1215 with area fished, total Chinook salmon,
coho salmon, and halibut catch aboard, and
[[Page 29697]]
destination (see C.11). Inseason actions may modify harvest guidelines
in later fisheries to achieve or prevent exceeding the overall
allowable troll harvest impacts (C.8).
South of Cape Falcon, OR
--Cape Falcon to Heceta Bank Line
March 15-May 15, 2022;
May 21-31;
June 1-12, 18-30;
July 5-9, 17-21, 25-31;
August 4-11;
September 1-4, 11-14;
October 1-31 (see C.9.a).
Open seven days per week. All salmon, except coho salmon (see C.4,
C.7). Chinook salmon minimum size limit of 28 inches total length (see
B, C.1). All vessels fishing in the area must land their salmon in the
state of Oregon. See gear restrictions and definitions (see C.2, C.3).
Beginning September 1, no more than 100 Chinook salmon allowed per
vessel per landing week (Thursday-Wednesday).
<bullet> Mark-selective coho salmon fishery is open July 5-9, 17-
21, 25-31, and August 4-11, or until a Cape Falcon to Humbug Mountain
quota of 10,000 marked coho salmon is met. If the coho salmon quota for
the combined area from Cape Falcon to Humbug Mountain of 10,000 marked
coho salmon is met, then the season continues for all salmon except
coho salmon on the remaining open days.
All salmon. All retained coho salmon must be marked with a healed
adipose fin clip (see C.4, C.7). Coho salmon minimum size limit of 16
inches total length, and Chinook salmon minimum size limit of 28 inches
total length (see B, C.1). All vessels fishing in the area must land
their salmon in the State of Oregon. See gear restrictions and
definitions (see C.2, C.3). Salmon trollers may take and retain or
possess on board a fishing vessel no more than 30 coho salmon per
vessel per open period. All coho salmon retained, possessed on a
vessel, and landed must not exceed a 1:1 ratio with Chinook salmon that
are retained and landed at the same time.
In 2023, the season will open March 15 for all salmon except coho
salmon. Chinook salmon minimum size limit of 28 inches total length.
Gear restrictions same as in 2022. This opening could be modified
following Council review at its March 2023 meeting.
--Heceta Bank Line to Humbug Mountain
May 1-15, 2022;
May 21-31;
August 4-11;
September 1-4, 11-14;
October 1-31 (see C.9.a).
Open seven days per week. All salmon, except coho salmon (see C.4,
C.7). Chinook salmon minimum size limit of 28 inches total length (see
B, C.1). All vessels fishing in the area must land their salmon in the
State of Oregon. See gear restrictions and definitions (see C.2, C.3).
Beginning September 1, no more than 100 Chinook salmon allowed per
vessel per landing week (Thursday-Wednesday).
<bullet> Mark-selective coho salmon fishery open August 4-11; or
Cape Falcon to Humbug Mountain quota of 10,000 marked coho salmon. If
the coho salmon quota for the combined area from Cape Falcon to Humbug
Mountain of 10,000 marked coho salmon is met, then the season continues
for all salmon except coho salmon on the remaining open days.
All salmon. All retained coho salmon must be marked with a healed
adipose fin clip (see C.4, C.7). Coho salmon minimum size limit of 16
inches total length, and Chinook salmon minimum size limit of 28 inches
total length (see B, C.1). All vessels fishing in the area must land
their salmon in the State of Oregon. See gear restrictions and
definitions (see C.2, C.3). Salmon trollers may take and retain or
possess on board a fishing vessel no more than 30 coho salmon per
vessel per open period. All coho salmon retained, possessed on a
vessel, and landed must not exceed a 1:1 ratio with Chinook salmon that
are retained and landed at the same time.
In 2023, the season will open March 15 for all salmon except coho
salmon. Chinook salmon minimum size limit of 28 inches total length.
Gear restrictions same as in 2022. This opening could be modified
following Council review at its March 2023 meeting.
--Humbug Mountain to Oregon/California border (Oregon KMZ)
March 15-April 30;
June 1-30, or the earlier of 800 Chinook salmon quota;
July 1-31, or the earlier of 400 Chinook salmon quota;
August 1-28, or the earlier of 250 Chinook salmon quota (see
C.9.a).
Open seven days per week (Thursday-Wednesday). All salmon, except
coho (see C.4, C.7). Chinook salmon minimum size limit of 28 inches
total length (see B, C.1). See compliance requirements (see C.1) and
gear restrictions and definitions (see C.2, C.3). Prior to June 1, all
salmon caught in this area must be landed and delivered in the State of
Oregon. June 1-August 28 weekly landing and possession limit of 50
Chinook salmon per vessel per week (Thursday-Wednesday). Any remaining
portion of Chinook salmon quotas may be transferred inseason on an
impact neutral basis to the next open quota period (see C.8.b). All
vessels fishing in this area during June, July, and August must land
and deliver all salmon within the area or into Port Orford within 24
hours of any closure of this fishery and prior to fishing outside of
this area. For all quota managed seasons, Oregon state regulations
require fishers to notify ODFW within one hour of landing and prior to
transport away from the port of landing by calling 541-857-2538 or
sending notification via email to <a href="/cdn-cgi/l/email-protection#38535542574a164c4a5754544a5d48574a4c78575c5e4f16574a5d5f5756165f574e"><span class="__cf_email__" data-cfemail="b1dadccbdec39fc5c3deddddc3d4c1dec3c5f1ded5d7c69fdec3d4d6dedf9fd6dec7">[email protected]</span></a>,
with vessel name and number, number of salmon by species, location of
delivery, and estimated time of delivery.
In 2023, the season will open March 15 for all salmon except coho
salmon. Chinook salmon minimum size limit of 28 inches total length.
Gear restrictions are the same as in 2022. This opening could be
modified following Council review at its March 2023 meeting.
--Oregon/California border to Humboldt South Jetty (California KMZ)
Closed in 2022.
In 2023, the season will open May 1 through the earlier of May 31,
or a 3,000 Chinook salmon quota. Chinook salmon minimum size limit of
27 inches total length (see B, C.1). Landing and possession limit of 20
Chinook salmon per vessel per day (see C.8.f). Open five days per week
(Friday-Tuesday). All salmon, except coho salmon (see C.4, C.7). Any
remaining portion of Chinook salmon quotas may be transferred inseason
on an impact neutral basis to the next open quota period (see C.8.b).
All fish caught in this area must be landed within the area, within 24
hours of any closure of the fishery (see C.6), and prior to fishing
outside the area (see C.10). See compliance requirements (see C.1) and
gear restrictions and definitions (see C.2, C.3). Klamath Control Zone
closed (see C.5.e). See California State regulations for an additional
closure adjacent to the Smith River. This opening could be modified
following Council review at its March or April 2023 meetings.
--Humboldt South Jetty to Latitude 40[deg]10' N
Closed in 2022.
For all commercial fisheries south of Cape Falcon: When the fishery
is closed between the Oregon/California border and Humbug Mountain, and
closed south or the Oregon/California border, vessels with fish on
board caught in the open area off California may seek temporary mooring
in Brookings,
[[Page 29698]]
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 (see C.6).
--Latitude 40[deg]10' N to Point Arena (Fort Bragg)
July 8-12, 21-25;
August 3-12 (see C.9.b).
Open seven days per week. All salmon, except coho salmon (see C.4,
C.7). See compliance requirements (see C.1) and gear restrictions and
definitions (see C.2, C.3). Chinook salmon minimum size limit of 27
inches total length (see B, C.1). All salmon must be landed in
California and north of Point Arena (see C.6, C.11).
In 2023, the season will open April 16 for all salmon except coho
salmon (see C.4, C.7). Chinook salmon minimum size limit of 27 inches
total length (see B, C.1). Gear restrictions are the same as in 2022
(see C.2, C.3). This opening could be modified following Council review
at its March 2023 meeting.
--Point Arena to Pigeon Point (San Francisco)
July 8-12, 21-25;
August 3-12;
September 1-30 (see C.9.b).
Open seven days per week. All salmon, except coho salmon (see C.4,
C.7). Chinook salmon minimum size limit of 27 inches total length
through August, then 26 inches thereafter (see B, C.1). See compliance
requirements (see C.1) and gear restrictions and definitions (see C.2,
C.3). All salmon must be landed in California (see C.6). During
September, all salmon must be landed south of Point Arena (see C.6,
C.11).
In 2023, the season will open May 1 for all salmon except coho
salmon (see C.4, C.7). Chinook salmon minimum size limit of 27 inches
total length (see B, C.1). Gear restrictions are the same as in 2022
(see C.2, C.3). This opening could be modified following Council review
at its March or April 2023 meeting.
--Point Reyes to Point San Pedro (Fall Area Target Zone)
October 3-7, 10-14.
Open five days per week (Monday-Friday). All salmon, except coho
salmon (see C.4, C.7). Chinook salmon minimum size limit of 26 inches
total length (see B, C.1). All salmon caught in this area must be
landed between Point Arena and Pigeon Point (see C.6, C.11). See
compliance requirements (see C.1) and gear restrictions and definitions
(see C.2, C.3).
--Pigeon Point to U.S./Mexico border (Monterey)
May 1-5, 2022, 10-15, 2022,
May 20-24;
June 1-12;
July 8-12, 21-25;
August 3-12 (see C.9.b).
Open seven days per week. All salmon, except coho salmon (see C.4,
C.7). Chinook salmon minimum size limit of 27 inches total length (see
B, C.1). See compliance requirements (see C.1) and gear restrictions
and definitions (see C.2, C.3). All salmon must be landed in California
(see C.6). All salmon caught in this area in the month of May must be
landed within 24 hours of any closure of the fishery (see C.6). During
the month of May and June, all salmon caught in the area must be landed
south of Point Arena (see C.11).
In 2023, the season will open May 1 for all salmon, except coho
salmon (see C.4, C.7). Chinook salmon minimum size limit of 27 inches
total length (see B, C.1). Gear restrictions same as in 2022 (see C.2,
C.3). This opening could be modified following Council review at its
March or April 2023 meeting.
For all commercial troll fisheries in California: California State
regulations require all salmon 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).
B. Minimum Size (Inches) (See C.1)
Table 1--Minimum Size Limits for Salmon in the 2022 Commercial Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR.... 27.0 20.5 16 12 None.
Cape Falcon to Humbug 28.0 21.5 16 12 None.
Mountain.
Humbug Mountain to OR/CA 28.0 21.5 .............. .............. None.
border.
OR/CA border to Humboldt .............. .............. .............. .............. ..................
South Jetty.
Latitude 40[deg]10'0'' N to 27.0 20.5 .............. .............. 27.
Point Arena.
Point Arena to Pigeon Point 27.0 20.5 .............. .............. 27.
(through August).
Point Arena to Pigeon Point 26.0 19.5 .............. .............. 26.
(September-October).
Pigeon Point to U.S./Mexico 27.0 20.5 .............. .............. 27.
border.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.5 cm, 26 in = 66 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm,
19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
C. 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 48 hours for that species of salmon. Salmon may
be landed in an area that has been closed for a species of salmon more
than 48 hours only if they meet the minimum size, landing/possession
limit, or other special requirements for the area in which they were
caught. Salmon may not be filleted prior to landing.
Any person who is required to report a salmon landing by applicable
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 be kept on board the vessel for
90 days or more after landing to account for all previous salmon
landings.
C.2. Gear Restrictions
a. Salmon may be taken only by hook and line using single point,
single shank, barbless hooks.
b. Cape Falcon, OR, to the Oregon/California border: No more than 4
spreads are allowed per line.
c. Oregon/California border to U.S./Mexico border: No more than 6
lines are allowed per vessel, and barbless circle
[[Page 29699]]
hooks are required when fishing with bait by any means other than
trolling.
C.3. Gear Definitions
Trolling: 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: One or more lines that drag hooks behind a
moving fishing vessel engaged in trolling. 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: A single leader connected to an individual lure and/or
bait.
Circle hook: A hook with a generally circular shape and a point
which turns inward, pointing directly to the shank at a 90[deg] angle.
C.4. Vessel Operation in Closed Areas With Salmon on Board
a. 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.
b. 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, U.S. Coast Guard (USCG), CDFW, WDFW, ODFW, and Oregon
State Police 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
a. Cape Flattery Control Zone--The area from Cape Flattery
(48[deg]23'00'' N lat.) to the northern boundary of the U.S. EEZ; and
the area from Cape Flattery south to Cape Alava (48[deg]10'00'' N lat.)
and east of 125[deg]05'00'' W long.
b. Mandatory Yelloweye Rockfish Conservation Area--The area in
Washington Marine Catch Area 3 from 48[deg]00.00' N lat.;
125[deg]14.00' W long. to 48[deg]02.00' N lat.; 125[deg]14.00' W long.
to 48[deg]02.00' N lat.; 125[deg]16.50' W long. to 48[deg]00.00' N
lat.; 125[deg]16.50' W long. and connecting back to 48[deg]00.00' N
lat.; 125[deg]14.00' W long.
c. Grays Harbor Control Zone--The area defined by a line drawn from
the Westport Lighthouse (46[deg]53'18'' N lat., 124[deg]07'01'' W
long.) to Buoy #2 (46[deg]52'42'' N lat., 124[deg]12'42'' W long.) to
Buoy #3 (46[deg]55'00'' N lat., 124[deg]14'48'' W long.) to the Grays
Harbor north jetty (46[deg]55'36'' N lat., 124[deg]10'51'' W long.).
d. Columbia Control Zone--An area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between the
red lighted Buoy #4 (46[deg]13'35'' N lat., 124[deg]06'50'' W long.)
and the green lighted Buoy #7 (46[deg]15'09' N lat., 124[deg]06'16'' W
long.); on the east, by the Buoy #10 line which bears north/south at
357[deg] true from the south jetty at 46[deg]14'00'' N
lat.,124[deg]03'07'' W long. to its intersection with the north jetty;
on the north, by a line running northeast/southwest between the green
lighted Buoy #7 to the tip of the north jetty (46[deg]15'48'' N lat.,
124[deg]05'20'' W long.), and then along the north jetty to the point
of intersection with the Buoy #10 line; and, on the south, by a line
running northeast/southwest between the red lighted Buoy #4 and tip of
the south jetty (46[deg]14'03'' N lat., 124[deg]04'05'' W long.), and
then along the south jetty to the point of intersection with the Buoy
#10 line.
e. Klamath Control Zone--The ocean area at the Klamath River mouth
bounded on the north by 41[deg]38'48'' N lat. (approximately 6 nautical
miles north of the Klamath River mouth); on the west by 124[deg]23'00''
W long. (approximately 12 nautical miles off shore); and on the south
by 41[deg]26'48'' N lat. (approximately 6 nautical miles south of the
Klamath River mouth).
f. Waypoints for the 40 fathom regulatory line from Cape Falcon to
Humbug Mountain (50 CFR 660.71 (o) (12)-(70)), when in place.
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 number 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
License applications for incidental harvest for halibut during
commercial salmon fishing must be obtained from the International
Pacific Halibut Commission (IPHC).
a. During the 2022 salmon troll season, incidental harvest is
authorized only during April, May, and June, and after June 30 if quota
remains and if announced on the NMFS hotline (phone: 800-662-9825 or
206-526-6667). WDFW, ODFW, and CDFW will monitor landings. If the
landings are projected to exceed the IPHC's 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.
b. Through May 15, 2022, consistent with regulations adopted in
April 2021, license holders may land no more than one Pacific halibut
per each two Chinook salmon, except one Pacific halibut may be landed
without meeting the ratio requirement, and no more than 35 halibut may
be landed per trip.
c. Beginning May 16, 2022, through the end of the 2022 salmon troll
fishery, and beginning April 1, 2023, until modified through inseason
action or superseded by the 2023 management measures, license holders
may land or possess no more than one Pacific halibut per two Chinook
salmon, except one Pacific halibut may be possessed or landed without
meeting the ratio requirement, and no more than 35 halibut may be
possessed or landed per trip. Pacific halibut retained must be no less
than 32 inches in total length (with head on).
d. Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2022, prior to any 2022 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2023, unless otherwise modified by inseason action at
the March 2023 Council meeting.
e. ``C-shaped'' yelloweye rockfish conservation area 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 the Pacific Council Halibut
Catch Sharing Plan in the North
[[Page 29700]]
Coast subarea (Washington marine area 3), with the following
coordinates in the order listed:
48[deg]18' N lat.; 125[deg]18' W long.;
48[deg]18' N lat.; 124[deg]59'W long.;
48[deg]11' N lat.; 124[deg]59' W long.;
48[deg]11' N lat.; 125[deg]11' W long.;
48[deg]04' N lat.; 125[deg]11' W long.;
48[deg]04' N lat.; 124[deg]59' W long.;
48[deg]00' N lat.; 124[deg]59' W long.;
48[deg]00' N lat.; 125[deg]18' W long.
And connecting back to 48[deg]18' N lat.; 125[deg]18' W long.
C.8. Inseason Management
In addition to standard inseason actions or modifications already
noted under the Season Description heading above, the following
inseason guidance applies:
a. Chinook salmon 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.
b. Chinook salmon remaining from May, June, and/or July non-Indian
commercial troll quotas in the Oregon or California KMZ may be
transferred to the Chinook salmon quota for the next open period if the
transfer would not result in exceeding preseason impact expectations on
any stocks.
c. NMFS may transfer salmon between the recreational and commercial
fisheries north of Cape Falcon if there is agreement among the areas'
representatives on the SAS, and if the transfer would not result in
exceeding preseason impact expectations on any stocks.
d. The Council will consider inseason recommendations for special
regulations for any experimental fisheries annually in March; proposals
must meet Council protocol and be received in November the year prior.
e. If retention of unmarked coho salmon (adipose fin intact) is
permitted by inseason action, the allowable coho salmon quota will be
adjusted to ensure preseason projected impacts on all stocks is not
exceeded.
f. 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:
a. The state of Oregon may establish additional late-season
fisheries in state waters.
b. The state of California may establish limited fisheries in
selected state waters.
c. Check state regulations for details.
C.10. For the purpose of California Fish and Game Code, Section
8232.5, the definition of the KMZ for the ocean salmon season shall be
that area from Humbug Mountain, Oregon, to Latitude 40[deg]10' N.
C.11. Latitudes for geographical reference of major landmarks along
the West Coast, including those used for inseason modifications to
salmon management areas (see C.8.g.), are listed in Section 5 of this
final rule.
Section 2. Recreational Management Measures for 2022 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.
Fisheries may need to be adjusted through inseason action to meet
NMFS ESA consultation standards, FMP requirements, other management
objectives, or upon receipt of new allocation recommendations from the
California Fish and Game Commission.
A. Season Description
North of Cape Falcon, OR
--U.S./Canada border to Cape Alava (Neah Bay Subarea)
June 18 through earlier of September 30, or 17,470 marked coho
salmon subarea quota, with a subarea guideline of 6,110 Chinook salmon
(see C.5).
Open seven days per week. All salmon, except chum salmon beginning
August 1; two salmon per day. All coho salmon must be marked with a
healed adipose fin clip (see C.1). Chinook salmon minimum size limit of
24 inches total length (see B). See gear restrictions and definition
(see C.2, C.3)
Beginning August 1, Chinook salmon non-retention east of the
Bonilla-Tatoosh line (see C.4.a) during Council managed ocean fishery.
Inseason management may be used to sustain season length and keep
harvest within the overall Chinook salmon and coho salmon recreational
total allowable catch (TAC) for north of Cape Falcon (see C.5).
--Cape Alava to Queets River (La Push Subarea)
June 18 through earlier of September 30, or 4,370 marked coho
subarea quota, with a subarea guideline of 995 Chinook salmon (see
C.5).
Open seven days per week. All salmon, except chum salmon beginning
August 1; two salmon per day. All coho salmon must be marked with a
healed adipose fin clip (see C.1). See gear restrictions and
definitions (see C.2, C.3). Chinook salmon minimum size limit of 24
inches total length (see B).
Inseason management may be used to sustain season length and keep
harvest within the overall Chinook salmon and coho salmon recreational
TACs for north of Cape Falcon (see C.5).
October 5 through earlier of October 8, or 125 Chinook salmon quota
(see C.5) in the area north of 47[deg]50'00'' N lat. and south of
48[deg]00'00'' N lat.
Open seven days per week. Chinook salmon only, two Chinook salmon
per day. See gear restrictions and definitions (see C.2, C.3). Chinook
salmon minimum size limit of 24 inches total length (see B, C.1).
--Queets River to Leadbetter Point (Westport Subarea)
July 2 through earlier of September 30, or 62,160 marked coho
salmon subarea quota, with a subarea guideline of 12,070 Chinook salmon
(see C.5).
Open seven days per week. All salmon; two salmon per day, no more
than one of which may be a Chinook salmon. All coho salmon must be
marked with a healed adipose fin clip (see C.1). See gear restrictions
and definitions (see C.2, C.3). Chinook salmon minimum size limit of 22
inches total length (see B).
Grays Harbor Control Zone closed beginning August 8 (see C.4.b).
Inseason management may be used to sustain season length and keep
harvest within the overall Chinook and coho salmon recreational TACs
for north of Cape Falcon (see C.5).
--Leadbetter Point to Cape Falcon (Columbia River Subarea)
June 25 through earlier of September 30, or 84,000 marked coho
salmon subarea quota, with a subarea guideline of 7,700 Chinook salmon
(see C.5).
Open seven days per week. All salmon; two salmon per day, no more
than one of which may be a Chinook salmon. All coho salmon must be
marked with a healed adipose fin clip (see C.1). See gear restrictions
and definitions (see C.2, C.3). Chinook salmon minimum size limit of 22
inches total length (see B).
Columbia Control Zone closed (see C.4.c). Inseason management may
be used to sustain season length and keep harvest within the overall
Chinook salmon and coho salmon recreational TACs for north of Cape
Falcon (see C.5).
[[Page 29701]]
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
March 15-May 15, 2022;
May 16-October 31 (see C.6).
Open seven days per week. All salmon except coho salmon, except as
provided below during the all-salmon mark-selective coho salmon fishery
and the non-mark-selective coho fishery (see C.5), two fish per day
(see C.1). Chinook salmon minimum size limit of 24 inches total length
(see B). See gear restrictions and definitions (see C.2, C.3).
In 2023, the season will open March 15 for all salmon except coho
salmon, two salmon per day (see C.1). Chinook salmon minimum size limit
of 24 inches total length (see B); and the same gear restrictions as in
2022 (see C.2, C.3). This opening could be modified following Council
review at its March 2023 meeting.
--Cape Falcon to Oregon/California Border
All-salmon mark-selective coho salmon fishery: June 18 through the
earlier of August 21, or 100,000 marked coho salmon quota (see C.6).
Open seven days per week. Cape Falcon to Humbug Mountain: All
salmon two salmon per day. Humbug Mountain to Oregon/California Border:
June 18-24, all salmon except Chinook salmon, two salmon per day; and
June 25-August 21 or coho salmon quota, all salmon, two salmon per day.
All retained coho salmon must be marked with a healed adipose fin clip.
See minimum size limits (see B). See gear restrictions and definitions
(see C.2, C.3).
Any remainder of the mark-selective coho salmon quota may be
transferred inseason on an impact neutral basis to the non-selective
coho quota from Cape Falcon to Humbug Mountain (see C.5).
--Cape Falcon to Humbug Mountain
Non-mark-selective coho salmon fishery: September 3 through the
earlier of September 30, or 17,000 non-mark-selective coho salmon quota
(see C.6). Open days may be modified inseason.
Open seven days per week. All salmon, two salmon per day (see C.1).
See minimum size limits (see B). See gear restrictions and definitions
(see C.2, C.3).
--Humbug Mountain to Oregon/California Border (Oregon KMZ)
June 25-August 21 (see C.6).
Open seven days per week. All salmon, except coho salmon, except as
listed above for the mark-selective coho salmon fishery.
From Cape Falcon to the Oregon/California border (June 18-August
21). Two salmon per day (see C.1). Chinook salmon minimum size limit of
24 inches total length (see B). See gear restrictions and definitions
(see C.2, C.3).
For all Recreational Fisheries from Cape Falcon to Humbug Mountain:
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 for
specific dates) (see C.3.b, C.4.d).
--Oregon/California Border to Latitude 40[deg]10' N (California KMZ)
May 1-15, 2022;
May 16-31;
August 1-September 5 (see C.6).
Open seven days per week. All salmon except coho salmon, two salmon
per day (see C.1). Chinook salmon minimum size limit of 20 inches total
length (see B). See gear restrictions and definitions (see C.2, C.3).
Klamath Control Zone closed in August (see C.4.e). See California
State regulations for additional closures adjacent to the Smith, Eel,
and Klamath Rivers.
In 2023, season opens May 1 for all salmon except coho salmon, two
salmon per day (see C.1). Chinook salmon minimum size limit of 20
inches total length (see B); and the same gear restrictions as in 2022
(see C.2, C.3). This opening could be modified following Council review
at its March or April 2023 meeting.
--Latitude 40[deg]10' N to Point Arena (Fort Bragg)
May 1-15, 2022;
May 16-July 4;
July 22-September 5 (see C.6).
Open seven days per week. All salmon, except coho salmon, two
salmon per day (see C.1). Chinook salmon minimum size limit of 20
inches total length (see B). See gear restrictions and definitions (see
C.2, C.3).
In 2023, season opens April 1 for all salmon except coho salmon,
two salmon per day (see C.1). Chinook salmon minimum size limit of 20
inches total length (see B); and the same gear restrictions as in 2022
(see C.2, C.3). This opening could be modified following Council review
at its March 2023 meeting.
--Point Arena to Pigeon Point (San Francisco)
April 2-May 15, 2022 (see C.6).
Open seven days per week. All salmon, except coho salmon, two
salmon per day (see C.1). Chinook salmon minimum size limit of 24
inches total length (see B). See gear restrictions and definitions (see
C.2, C.3).
May 16-31;
June 23-October 31 (see C.6).
Open seven days per week. All salmon, except coho salmon, two
salmon per day (see C.1). Chinook salmon minimum size limit of 20
inches total length (see B). See gear restrictions and definitions (see
C.2, C.3).
In 2023, season opens April 1 for all salmon, except coho salmon,
two salmon per day (see C.1). Chinook salmon minimum size limit of 24
inches total length (see B); and the same gear restrictions as in 2022
(see C.2, C.3). This opening could be modified following Council review
at its March 2023 meeting.
--Pigeon Point to U.S./Mexico Border (Monterey)
April 2-May 15, 2022 (C.6).
Open seven days per week. All salmon, except coho salmon, two
salmon per day (see C.1). Chinook salmon minimum size limit of 24
inches total length (see B). See gear restrictions and definitions (see
C.2, C.3).
May 16-October 2 (see C.6).
Open seven days per week. All salmon, except coho salmon, two
salmon per day (see C.1). Chinook salmon minimum size limit 20 inches
total length. See gear restrictions and definitions (see C.2, C.3).
In 2023, season opens April 1 for all salmon, except coho salmon,
two salmon per day (see C.1). Chinook salmon minimum size limit of 24
inches total length (see B); and the same gear restrictions as in 2022
(see C.2, C.3). This opening could be modified following Council review
at its March 2023 meeting.
California State regulations require 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
Code of Regulations Title 14 Section 1.73).
B. Minimum Size (Total Length in Inches) (See C.1)
[[Page 29702]]
Table 2--Minimum Size Limits for Salmon in the 2022 Recreational Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook Coho Pink
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon (Westport and Columbia 22.0 16.0 None.
River).
North of Cape Falcon (Neah Bay and La Push).. 24.0 16.0 None.
Cape Falcon to Humbug Mountain............... 24.0 16.0 None.
Humbug Mountain to Oregon/California border.. 24.0 16.0 None.
Oregon/California border to Point Arena...... 20.0 .............. 20.0.
Point Arena to Pigeon Point through May 15... 24.0 .............. 24.0.
Point Arena to Pigeon Point beginning May 16. 20.0 .............. 20.0.
Pigeon Point to U.S./Mexico border through 24.0 .............. 24.0.
May 15.
Pigeon Point to U.S./Mexico border beginning 20.0 .............. 20.0.
May 16.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 24.0 in = 61.0 cm, 22.0 in = 55.9 cm, 20.0 in = 50.8 cm, and 16.0 in = 40.6 cm.
C. 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.
a. 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.
b. Latitude 40[deg]10' N 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
a. 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.
b. Trolling defined: Angling from a boat or floating device that is
making way by means of a source of power, other than drifting by means
of the prevailing water current or weather conditions.
c. Circle hook defined: A hook with a generally circular shape and
a point which turns inward, pointing directly to the shank at a 90[deg]
angle.
C.4. Control Zone Definitions
a. The Bonilla-Tatoosh Line: A line running from the western end of
Cape Flattery to Tatoosh Island Lighthouse (48[deg]23'30'' N lat.,
124[deg]44'12'' W long.) to the buoy adjacent to Duntze Rock
(48[deg]24'37'' N lat., 124[deg]44'37'' W long.), then in a straight
line to Bonilla Point (48[deg]35'39'' N lat., 124[deg]42'58'' W long.)
on Vancouver Island, British Columbia.
b. Grays Harbor Control Zone--The area defined by a line drawn from
the Westport Lighthouse (46[deg]53'18'' N lat., 124[deg]07'01'' W
long.) to Buoy #2 (46[deg]52'42'' N lat., 124[deg]12'42'' W long.) to
Buoy #3 (46[deg]55'00'' N lat., 124[deg]14'48'' W long.) to the Grays
Harbor north jetty (46[deg]55'36'' N lat., 124[deg]10'51'' W long.).
c. Columbia Control Zone: An area at the Columbia River mouth,
bounded on the west by a line running northeast/southwest between the
red lighted Buoy #4 (46[deg]13'35'' N lat., 124[deg]06'50'' W long.)
and the green lighted Buoy #7 (46[deg]15'09'' N lat., 124[deg]06'16'' W
long.); on the east, by the Buoy #10 line which bears north/south at
357[deg] true from the south jetty at 46[deg]14'00'' N lat.,
124[deg]03'07'' W long. to its intersection with the north jetty; on
the north, by a line running northeast/southwest between the green
lighted Buoy #7 to the tip of the north jetty (46[deg]15'48'' N lat.,
124[deg]05'20'' W long. and then along the north jetty to the point of
intersection with the Buoy #10 line; and on the south, by a line
running northeast/southwest between the red lighted Buoy #4 and tip of
the south jetty (46[deg]14'03'' N lat., 124[deg]04'05'' W long.), and
then along the south jetty to the point of intersection with the Buoy
#10 line.
d. Stonewall Bank YRCA: The area defined by the following
coordinates in the order listed:
44[deg]37.46' N lat.; 124[deg]24.92' W long.
44[deg]37.46' N lat.; 124[deg]23.63' W long.
44[deg]28.71' N lat.; 124[deg]21.80' W long.
44[deg]28.71' N lat.; 124[deg]24.10' W long.
44[deg]31.42' N lat.; 124[deg]25.47' W long.
And connecting back to 44[deg]37.46' N lat.; 124[deg]24.92' W long.
e. Klamath Control Zone: The ocean area at the Klamath River mouth
bounded on the north by 41[deg]38'48'' N lat. (approximately 6 nautical
miles north of the Klamath River mouth); on the west by 124[deg]23'00''
W long. (approximately 12 nautical miles offshore); and, on the south
by 41[deg]26'48'' 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.
[[Page 29703]]
In addition to standard inseason actions or modifications already noted
under the Season Description heading above, the following inseason
guidance applies:
a. Actions could include modifications to bag limits, or days open
to fishing, and extensions or reductions in areas open to fishing.
b. Coho salmon 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
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.
c. Chinook salmon and coho salmon 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.
d. Fishery managers may consider inseason action modifying
regulations restricting retention of unmarked (adipose fin intact) coho
salmon. To remain consistent with preseason expectations, any inseason
action shall consider, if significant, the difference between observed
and preseason forecasted (adipose-clipped) 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.
e. Marked coho salmon remaining from the Cape Falcon to Oregon/
California Border: recreational mark-selective coho salmon 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 2022 Ocean Salmon
Fisheries
Parts A, B, and C of this section contain requirements that must be
followed for lawful participation in the fishery.
In 2023, the season will open May 1, consistent with all preseason
regulations in place for Treaty Indian Troll fisheries during May 16-
June 30, 2022. All catch in May 2023 applies against the 2023 Treaty
Indian Troll fisheries quota. This opening could be modified following
Council review at its March and/or April 2023 meetings.
A. Season Descriptions
May 1 through the earlier of June 30 or when the quota of 20,000
Chinook salmon is reached.
All salmon may be retained except coho salmon. If the Chinook
salmon quota is exceeded, the excess will be deducted from the later
all-salmon season (see C.5). See size limit (see B) and other
restrictions (see C).
July 1 through the earlier of September 15, or when the quota of
20,000 Chinook salmon or the quota of 52,000 coho salmon is reached.
All salmon. See size limit (see B) and other restrictions (see C).
B. Minimum Size (Inches)
Table 3--Minimum Size Limits for Salmon in the 2022 Treaty Indian Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
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, 16.0 in = 40.6 cm, 12.0 in = 30.5 cm.
C. Requirements, Definitions, Restrictions, or 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 (defined to include
those waters of Puget Sound easterly of a line projected from the
Bonilla Point light on Vancouver Island to the Tatoosh Island light,
thence to the most westerly point on Cape Flattery and westerly of a
line projected true north from the fishing boundary marker at the mouth
of the Sekiu River [WAC 220-301-030]).
MAKAH--Washington State Statistical Area 4B and that portion of the
Fishery Management Area (FMA) north of 48[deg]02'15'' N lat. (Norwegian
Memorial) and east of 125[deg]44'00'' W long.
QUILEUTE--A polygon commencing at Cape Alava, located at latitude
48[deg]10'00'' north, longitude 124[deg]43'56.9'' west; then proceeding
west approximately forty nautical miles at that latitude to a
northwestern point located at latitude 48[deg]10'00'' north, longitude
125[deg]44'00'' west; then proceeding in a southeasterly direction
mirroring the coastline at a distance no farther than forty nautical
miles from the mainland Pacific coast shoreline at any line of
latitude, to a southwestern point at latitude 47[deg]31'42'' north,
longitude 125[deg]20'26'' west; then proceeding east along that line of
latitude to the Pacific coast shoreline at latitude 47[deg]31'42''
north, longitude 124[deg]21'9.0'' west.
HOH--That portion of the FMA between 47[deg]54'18'' N lat.
(Quillayute River) and 47[deg]21'00'' N lat. (Quinault River) and east
of 125[deg]44'00'' W long.
QUINAULT--A polygon commencing at the Pacific coast shoreline near
Destruction Island, located at latitude 47[deg]40'06'' north, longitude
124[deg]23'51.362'' west; then proceeding west approximately thirty
nautical miles at that latitude to a northwestern point located at
latitude 47[deg]40'06'' north, longitude 125[deg]08'30'' west; then
proceeding in a southeasterly direction mirroring the coastline no
farther than thirty nautical miles from the mainland Pacific coast
shoreline at any line of latitude, to a southwestern point at latitude
46[deg]53'18'' north, longitude 124[deg]53'53'' west; then proceeding
east along that line of latitude to the Pacific coast shoreline at
latitude 46[deg]53'18'' north, longitude 124[deg]7'36.6'' west.
C.2. Gear Restrictions
a. Single point, single shank, barbless hooks are required in all
fisheries.
b. No more than eight fixed lines per boat.
c. 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 48[deg]02'15'' N lat. (Norwegian Memorial) and east of
125[deg]44'00'' W long.).
[[Page 29704]]
C.3. Quotas
a. The quotas include troll catches by the S'Klallam and Makah
Tribes in Washington State Statistical Area 4B from May 1 through
September 15.
b. The Quileute Tribe may continue a ceremonial and subsistence
fishery during the time frame of October 1 through October 15 in the
same manner as in 2004-2015. Fish taken during this fishery are to be
counted against treaty troll quotas established for the 2022 season
(estimated harvest during the October ceremonial and subsistence
fishery: 20 Chinook salmon; 40 coho salmon).
C.4. Area Closures
a. The area within a six nautical mile radius of the mouths of the
Queets River (47[deg]31'42'' N lat.) and the Hoh River (47[deg]45'12''
N lat.) will be closed to commercial fishing.
b. A closure within two nautical miles of the mouth of the Quinault
River (47[deg]21'00'' N lat.) may be enacted by the Quinault Nation
and/or the State of Washington and will not adversely affect the
Secretary of Commerce's management regime.
C.5. Inseason Management
In addition to standard inseason actions or modifications already
noted under the ``Season Description'' heading above, the following
inseason guidance applies:
a. 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 March 7, 2022, NMFS published
a final rule announcing the IPHC's regulations, including season dates,
management measures, TAC for each IPHC management area including the
U.S. West Coast (Area 2A), and Catch Sharing Plan for the U.S. waters
off of Alaska (87 FR 12604, March 7, 2022). The Area 2A Catch Sharing
Plan, in combination with the IPHC regulations, provides that vessels
participating in the salmon troll fishery in Area 2A, which have
obtained the appropriate IPHC license, may retain halibut caught
incidentally during authorized periods in conformance with provisions
published with the annual salmon management measures. A salmon troller
may participate in the halibut incidental catch fishery during the
salmon troll season or in the directed commercial fishery targeting
halibut, but not both.
The following measures have been approved by the IPHC and
implemented by NMFS. 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 IPHC (phone: 206-634-1838 or <a href="/cdn-cgi/l/email-protection#3c4f595f4e59485d4e555d487c554c545f12555248"><span class="__cf_email__" data-cfemail="d3a0b6b0a1b6a7b2a1bab2a793baa3bbb0fdbabda7">[email protected]</span></a>). Applicants must
apply prior to mid-March 2023 for 2023 permits (exact date to be set by
the IPHC in early 2023). Incidental harvest is authorized only during
April, May, and June of the 2022 troll seasons and after June 30 in
2022 if the quota remains and if announced on the NMFS hotline (phone:
800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW will monitor
landings. If the landings are projected to exceed the 44,599 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.
From May 16, 2022, until the end of the 2022 salmon troll season,
and beginning April 1, 2023, until modified through inseason action or
superseded by the 2023 management measures, license holders may land or
possess no more than one Pacific halibut per each two Chinook salmon,
except one Pacific halibut may be possessed or landed without meeting
the ratio requirement, and no more than 35 halibut may be possessed or
landed per trip. Pacific halibut retained must be no less than 32
inches in total length (with head on). IPHC license holders must comply
with all applicable IPHC regulations.
Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2022, prior to any 2022 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2023, unless otherwise modified by inseason action at
the March 2023 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:
U.S./Canada border: 49[deg]00'00'' N lat.
Cape Flattery, WA: 48[deg]23'00'' N lat.
Cape Alava, WA: 48[deg]10'00'' N lat.
Queets River, WA: 47[deg]31'42'' N lat.
Leadbetter Point, WA: 46[deg]38'10'' N lat.
Cape Falcon, OR: 45[deg]46'00'' N lat.
South end Heceta Bank Line, OR: 43[deg]58'00'' N lat.
Humbug Mountain, OR: 42[deg]40'30'' N lat.
Oregon-California border: 42[deg]00'00'' N lat.
Humboldt South Jetty, CA: 40[deg]45'53'' N lat.
40[deg]10' line (near Cape Mendocino, CA): 40[deg]10'00'' N lat.
Horse Mountain, CA: 40[deg]05'00'' N lat.
Point Arena, CA: 38[deg]57'30'' N lat.
Point Reyes, CA: 37[deg]59'44'' N lat.
Point San Pedro, CA: 37[deg]35'40'' N lat.
Pigeon Point, CA: 37[deg]11'00'' N lat.
Point Sur, CA: 36[deg]18'00'' N lat.
Point Conception, CA: 34[deg]27'00'' N lat.
U.S./Mexico border: 34[deg]27'00'' N lat.
Section 6. Inseason Notice Procedures
Notice of inseason management actions will be provided by a
telephone hotline administered by the West Coast Region, NMFS, 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 published in 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 USCG broadcasts for current information for the
area in which they are fishing.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the MSA. In
a previous action taken pursuant to section 304(b), the Council
designed the FMP to authorize NMFS to take this action pursuant to MSA
section 305(d). See 50 CFR 660.408. These regulations are being
promulgated under the authority of 16 U.S.C. 1855(d) and 16 U.S.C.
773(c).
[[Page 29705]]
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for Fisheries finds good cause under 5
U.S.C. 553(b)(B), to waive the requirement for prior notice and
opportunity for public comment, as such procedures would be
impracticable and contrary to the public interest. The annual salmon
management cycle begins May 16 and continues through May 15 of the
following year. May 16 was chosen because it provides the minimally
necessary time required to complete the necessary environmental and
economic analyses and regulatory documentation following the April
Council meeting in time for the Secretary of Commerce to approve and
implement the Council's annual recommendation. In addition, these
harvests constitute a relatively small portion of the annual catch,
allowing for the majority of the season to be governed by the new
management measures rule. Analysis by the Council's Salmon Technical
Team determined that the pre-May 16 salmon harvests would 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 previous years'
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 two-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 16. Providing the opportunity for
prior notice and public comments on the Council's recommended measures
through a proposed and final rulemaking process would require 30 to 60
days in addition to the two-month period required for the 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 abundance. For the 2022
fishing regulations, the current stock abundance was not available to
the Council until February. In addition, information related to
northern fisheries and stock status in Alaska and Canada which is
important to assess the amount of available salmon in southern U.S.
ocean fisheries is not available until mid-to late March. Because a
substantial amount of fishing normally occurs during late 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 16 are managed under measures developed the previous year, as
modified by the Council at its March and April meetings, relatively
little harvest occurs during that period (e.g., on average, 10 percent
of commercial and recreational harvest occurred prior to May 1 during
the years 2011 through 2018). Allowing the much more substantial
harvest levels normally associated with the late-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 opportunities where appropriate. The choice of May
16 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 the 2022 measures are not in place on May 16, salmon fisheries
will not open as scheduled. This would result in lost fishing
opportunities, negative economic impacts, and confusion for the public
as the state fisheries adopt concurrent regulations that conform to the
Federal management measures.
In addition, these measures were developed with significant public
input. Public comment was received and considered by the Council and
NMFS throughout the process of developing these management measures. As
described above, the Council took comments at its March and April
meetings and heard summaries of comments received at public meetings
held between the March and April meetings for 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.
Based upon the above-described need to have these measures
effective on May 16, 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 2022 ocean salmon fishing
year on May 16, NMFS has concluded it would be impracticable and
contrary to the public interest to provide an opportunity for prior
notice and public comment under 5 U.S.C. 553(b)(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 the
date of effectiveness of this final rule. As previously discussed, data
were not available until February, and management measures were not
finalized until mid-April. These measures are essential to conserve
threatened and endangered ocean salmon stocks as well as potentially
overfished stocks, and to provide for the harvest of more abundant
stocks. Delaying the date of 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 MSA.
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 website
(<a href="http://www.fisheries.noaa.gov/region/west-coast">www.fisheries.noaa.gov/region/west-coast</a>). NMFS is also advising the
states of Washington, Oregon, and California of the new management
measures. These states announce the seasons for applicable state and
federal fisheries through their own public notification systems.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by
[[Page 29706]]
5 U.S.C. 553, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.
Accordingly, no Regulatory Flexibility Analysis is required for this
rule and none has been prepared.
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 current information collection approval expires on February
29, 2024. 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.
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.
This final rule was developed after meaningful consultation with
the tribal representative on the Council who has agreed with the
provisions that apply to tribal vessels.
Authority: 16 U.S.C. 773-773k; 1801 et seq.
Dated: May 10, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-10430 Filed 5-13-22; 8:45 am]
BILLING CODE 3510-22-P
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