Rule2024-11046
Fisheries Off West Coast States; West Coast Salmon Fisheries; 2024 Specifications and Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 21, 2024
Effective
May 16, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Through this final rule, NMFS establishes fishery management measures for the ocean salmon fisheries off Washington, Oregon, and California for the season beginning May 16, 2024, and ending May 15, 2025 (the 2024 ocean salmon fishing season), under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The fishery management measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, harvest guidelines, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. Exclusive Economic Zone (EEZ) off Washington, Oregon, and California. The management measures are intended to prevent overfishing while achieving, on a continuing basis, the optimum yield from the fishery, and to apportion the ocean harvest equitably among treaty Indian, and 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 fisheries occurring in State waters.
Full Text
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<title>Federal Register, Volume 89 Issue 99 (Tuesday, May 21, 2024)</title>
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[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Rules and Regulations]
[Pages 44553-44567]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11046]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 240514-0137]
RIN 0648-BM47
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2024 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 ocean salmon fisheries off Washington, Oregon, and
California for the season beginning May 16, 2024, and ending May 15,
2025 (the 2024 ocean salmon fishing season), under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA). The
fishery management measures establish fishing areas, seasons, quotas,
legal gear, recreational fishing days and catch limits, harvest
guidelines, possession and landing restrictions, and minimum lengths
for salmon taken in the U.S. Exclusive Economic Zone (EEZ) off
Washington, Oregon, and California. The management measures are
intended to prevent overfishing while achieving, on a continuing basis,
the optimum yield from the fishery, and to apportion the ocean harvest
equitably among treaty Indian, and 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 fisheries occurring in State waters.
DATES: This final rule is effective from 0001 hours Pacific Daylight
Time, May 16, 2024, until the effective date of the 2025 management
measures, as published in the Federal Register, which we expect to be
0001 hours Pacific Daylight Time May 16, 2025.
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 562-980-4239, Email:
<a href="/cdn-cgi/l/email-protection#1b48737a75757475354b7e75757a5b75747a7a357c746d"><span class="__cf_email__" data-cfemail="8edde6efe0e0e1e0a0deebe0e0efcee0e1efefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ (3-200 nautical miles (nmi);
5.6-370.4 kilometers (km)) off the coasts of Washington, Oregon, and
California are managed under the Pacific Coast Salmon 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.
This rule implements the management measures for the 2024 ocean
salmon fishing season.
Process Used To Establish 2024 Management Measures
Ocean salmon fishery management measures are established via a
collaborative process with the Council, States, tribes, fishing
industry participants, anglers, and the public. The Council announced
its annual preseason management process for the 2024 ocean salmon
fishing season in the Federal Register on February 13, 2024 (89 FR
10042). NMFS published an additional notice of opportunity to submit
public comments on the 2024 ocean salmon fishery management measures in
the Federal Register on March 12, 2024 (89 FR 17834). These notices
announced the availability of key documents, the dates and locations of
meetings and public hearings regarding determining the annual proposed
and final modifications to ocean salmon fishery management measures,
and instructions on how to comment on those measures. The agendas for
the March and April Council meetings were published in the Federal
Register (89 FR 12319, February 16, 2024, and 89 FR 19815, March 20,
2024), 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 2023 Ocean Salmon Fisheries,'' was prepared in February
when the first increment of scientific information necessary for
crafting management measures for the 2024 ocean salmon fishing season
became available. The first report summarizes biological and socio-
economic data from the 2023 ocean salmon fisheries and assesses the
performance of the fisheries
[[Page 44554]]
with respect to the 2023 management objectives for salmon stocks and
stock complexes as well as provides historical information for
comparison. The second report, ``Preseason Report I Stock Abundance
Analysis and Environmental Assessment Part 1 for 2024 Ocean Salmon
Fishery Regulations'' (PRE I), provides the 2024 salmon stock abundance
projections and analyzes how the salmon stocks defined in the FMP and
Council management goals would be affected if the 2023 management
measures (the No-Action Alternative under the National Environmental
Policy Act (NEPA)) were continued for the 2024 ocean salmon fishing
season. The completion of PRE I is the initial step in developing and
evaluating the full suite of preseason alternatives.
Following the completion of the first two reports, the Council met
from March 5 to 11, 2024, to develop 2024 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,
to provide for ocean harvests of more abundant stocks, to provide
equitable sharing of harvest among ports and gear sectors, and to
provide for the exercise of Indian treaty fishing rights. 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 2024 Ocean Salmon Fishery Regulations'' (PRE II),
which analyzes the effects of the proposed 2024 ocean salmon fishing
season management alternatives.
The Council sponsored public hearings in person to receive
testimony on the proposed alternatives on March 25, 2024, for
Washington and California, and on March 26, 2024, for Oregon. In
addition, the States of Washington, Oregon, and California sponsored
meetings in various forums that also collected public testimony. The
Council also received public testimony at the March and April meetings
and electronic submissions via the Council's electronic portal and via
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Members of several federally recognized tribes including tribes
with treaty rights for salmon harvest testified at the March and April
Council meetings. Additional tribal comments were submitted in writing.
Tribes emphasized the cultural importance of salmon to their
communities, expressed concerns over the uncertainty of forecasts for
some stocks in 2024, and urged the Council to be conservative in
setting the salmon seasons. Some Tribes addressed several issues in the
Columbia Basin such as habitat alteration and increase in avian
predation. Tribes also expressed concerns that higher harvest levels
could negatively impact hatchery brood collection and spawning
escapement to local tributaries. Tribes are doing their part to improve
habitat, raise hatchery fish, and expand the distribution of salmon to
their historic production areas and want to ensure that the Council's
actions are supporting those actions.
The Council adopted proposed 2024 ocean salmon management
recommendations at its April meeting. The Council's STT and economist
then prepared a fourth report, ``Preseason Report III Analysis of
Council-Adopted Management Measures for 2024 Ocean Salmon Fisheries''
(PRE III), which analyzes the environmental and socioeconomic effects
of the Council's final recommendations (the Council's preferred
alternative under NEPA). The Council transmitted the recommended
management measures to NMFS on April 22, 2024, and published them on
its website (<a href="https://www.pcouncil.org">https://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, 2024, consistent with the FMP, and governs most
federally-managed ocean salmon fisheries. Fisheries that begin prior to
May 16, 2024, are governed by the final rule implementing the salmon
fishery management measures for the 2023 ocean salmon fishing season
(88 FR 30235, May 11, 2023). Salmon fisheries scheduled to begin before
May 16, 2024, under the 2023 rule, are:
<bullet> Commercial ocean salmon fisheries from the U.S./Canada
border 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.
Several fisheries scheduled to open between March 15, 2024, and May
15, 2024, were modified through inseason action to close the fisheries
in response to updated salmon stock forecast information for 2024. 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, 2024, would be
conducted under the 2023 management measures as modified by the
subsequent inseason actions under 50 CFR 660.409.
National Environmental Policy Act
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 (WCR) website (<a href="https://www.fisheries.noaa.gov/s3/2024-05/ocean-salmon-fisheries-management-measures-ea-fonsi.pdf">https://www.fisheries.noaa.gov/s3/2024-05/ocean-salmon-fisheries-management-measures-ea-fonsi.pdf</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 U.S. and Canada, and other conservation objectives.
In addition, all regulations must be consistent with other applicable
laws. The ocean salmon fisheries managed under the FMP are mixed-stock
fisheries, and NMFS uses ``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 differ from those that constrain the fishery in the next.
For 2024, the stocks described below will constrain fisheries.
Fisheries south of Cape Falcon, Oregon, are limited in 2024
primarily by conservation concerns for Klamath River fall-run Chinook
salmon (KRFC), Sacramento River fall-run Chinook salmon (SRFC), and
Southern Oregon/Northern California Coast (SONCC) coho salmon. In 2018,
NMFS determined that the KRFC stock was overfished, as defined under
the MSA and the FMP. In 2024, KRFC continues to be overfished and is
managed under a rebuilding plan (85 FR 75920, November 27, 2020).
Fisheries north of Cape Falcon are limited by conservation
requirements for the natural spawning component of the ESA-listed lower
Columbia River coho salmon (Lower Columbia Natural or LCN coho salmon)
Evolutionarily
[[Page 44555]]
Significant Unit (ESU) and Puget Sound (PS) Chinook salmon stocks (see
Table 3-1 in the FMP and NMFS' guidance letter to the Council, February
29, 2024). The limitations imposed to protect these stocks are
described below. The management measures for 2024 are designed to avoid
exceeding these limitations. Queets River spring/summer Chinook salmon
continue to meet the criteria for being classified as overfished based
on the most recent 3-year geometric mean of spawning escapement (2020-
2022), and a rebuilding plan is currently under development. However,
it was not a limiting stock in planning the 2024 ocean salmon fishing
season.
KRFC (non-ESA-listed): Abundance for this non-ESA-listed stock in
the last decade has been historically low, and the stock continues to
meet the criteria for overfished based on spawning escapement in 2021,
2022, and 2023 and is managed under a rebuilding plan consistent with
the requirements of the FMP. The FMP defines ``overfished'' status in
terms of a 3-year geometric mean escapement level and whether it is
below the minimum stock size threshold (MSST). The KRFC salmon stock
has been below its conservation objective in 7 of the last 10 years and
has been managed under de minimus exploitation rates that apply when
forecast escapement is below the level associated with maximum
sustainable yield (S<INF>MSY</INF>) since 2020. Based on the current
harvest control rule, the 2024 forecast allows only de minimis fishing
this year, i.e., a total allowable exploitation rate of 20 percent
(including all ocean and river fisheries, including tribal fisheries).
This limit will constrain fisheries south of Cape Falcon. The 2024
management measures are forecast to result in a spawning escapement of
36,511 KRFC natural spawners, which is above the stock's MSST (30,525).
A natural-area escapement of 36,511 adults would represent the 26th
lowest value over the past 47 years of data.
SRFC (non-ESA-listed): In 2021, NMFS declared the SRFC salmon stock
rebuilt (87 FR 25429) due to several years of higher escapements;
however, escapements in recent years have once again been low compared
with the stock's conservation objective and caution is warranted to
reduce the likelihood that the stock becomes overfished again. Spawner
abundance has been below the escapement floor of 122,000 associated
with the FMP objective in 5 of the last 8 years. The 3-year geometric
mean of spawners is now 95,569 (2021, 2022, and 2023) as compared with
the MSST of 91,500 at which the stock would meet the criteria of
overfished. Commercial fisheries south of Cape Falcon will be heavily
constrained in Oregon and closed in California owing to its low
abundance forecast. The adopted management measures result in a
projected escapement of 180,061, which exceeds the 2024 objective of
180,000 hatchery and natural area adult spawners. The Sacramento River
also experienced low flows and high temperatures in recent years
associated with decades of frequent droughts; these conditions have
adversely affected the stock. The dominant year class contributing to
2024 fisheries was affected by below-average freshwater and early
marine survival conditions.
SONCC coho salmon (ESA-listed threatened): The SONCC coho salmon
ESU has been listed as threatened under the ESA since 1997.
Conservation concerns for ESA-listed SONCC coho salmon will limit
fisheries south of Cape Falcon in 2024. 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. Under the FMP, ESA
consultation standards are used to manage ESA-listed stocks, including
SONCC coho salmon. In April 2022, the agency approved new harvest
control rules that limited 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. Coho salmon retention is prohibited in all California
ocean salmon fisheries. Salmon in 2024 will be managed consistent with
these harvest control rules.
Lower Columbia River (LC) coho salmon (ESA-listed threatened): The
LC coho salmon ESU has been listed as threatened under the ESA since
2005. In 2015, NMFS conducted the most recent ESA section 7
consultation and issued a biological opinion regarding the effects of
Federal fisheries and fisheries in the Columbia River on LC coho
salmon. The opinion analyzed the use of a harvest matrix to manage
impacts on LC coho salmon. As described above, the FMP manages LCN coho
salmon, the natural component of the LC coho salmon ESU. Under the
matrix, the allowable harvest in a given year depends on indicators of
marine survival and parental escapement to spawning. In 2024, Federal
ocean salmon fisheries and commercial and recreational salmon fisheries
in State waters including the mainstem Columbia River below Bonneville
Dam must be managed subject to a total exploitation rate limit on LCN
coho salmon not to exceed 23 percent. In 2024, LCN coho salmon will
constrain these salmon fisheries, particularly those north of Cape
Falcon, such that, when combined with commercial and recreational
fisheries in the mainstem Columbia River, the ESA requirement is met.
PS Chinook salmon (ESA-listed threatened): The PS Chinook salmon
ESU was listed as threatened in 1999. Impacts from Federal fisheries
are addressed through a 2004 biological opinion. Generally, these
impacts are quite low and within the range contemplated in the 2004
opinion. However, because the PS Chinook salmon ESU is impacted by
salmon fisheries in Puget Sound and associated freshwater fisheries
(collectively referred to as ``inside'' fisheries), the impacts of
Federal and State-water fisheries, including those in Puget Sound, on
PS Chinook salmon are evaluated together, and that analysis forms the
basis of a package of Puget Sound fisheries management measures to
which the State of Washington and Indian tribes with treaty rights to
fish in Puget Sound have agreed through a negotiation process, the
North of Falcon forum, that runs concurrent with the Federal salmon
season planning process. In 2024, fisheries north of Cape Falcon will
be constrained so that, when combined with impacts from inside
fisheries, conservation objectives for several populations (e.g.,
Snohomish, Stillaguamish) in the PS Chinook salmon ESU at low abundance
in 2024 are met.
Other Resource Issues
Southern Resident Killer Whale (SRKW) (ESA-listed endangered): The
SRKW distinct population segment was listed under the ESA as endangered
in 2005 (70 FR 69903, November 18, 2005). In 2021, NMFS approved
amendment 21 to the FMP (86 FR 51017, September 14, 2021), which
establishes a Chinook salmon annual abundance management threshold
below which specific measures to limit the effects of the ocean salmon
fishery on Chinook salmon prey availability for SRKWs are implemented.
These measures include time and area closures, a quota limitation for
the north of Cape Falcon management area, and temporal shifts in
fishing. This forecast abundance compared with the Chinook salmon
abundance threshold is reported annually in the above-referenced
preseason reports as required by the FMP.
[[Page 44556]]
Because the pre-season estimate of the abundance of Chinook salmon
in 2024 exceeds the threshold in the FMP, additional management
measures are not required by the FMP including amendment 21 (Preseason
Report III; PFMC 2024).
ACLs and Status Determination Criteria
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 SFRC and KRFCsalmon 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
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 NMFS defines by
regulation ``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)). Other Chinook salmon stocks caught in
fisheries north of Cape Falcon are ESA-listed or hatchery-produced and
are managed consistent with ESA consultations, hatchery goals, or the
provisions of the PST. 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. In addition to ACLs, SRFC and KRFC have
conservation objectives expressed in terms of escapement goals that
were developed prior to the requirement for ACLs. Where the
conservation objectives exceed the ACLs, the management measures must
achieve the conservation objectives.
For SRFC in 2024, the overfishing limit (OFL) is S<INF>OFL</INF> =
213,622 (potential spawner abundance forecast) multiplied by 1-
F<INF>MSY</INF> (1 - 0.78) or 46,997 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
213,622 multiplied by 1 - F<INF>ABC</INF> (1 - 0.70) (F<INF>MSY</INF>
reduced for scientific uncertainty = 0.70) or 64,087. The
S<INF>ACL</INF> is set equal to S<INF>ABC,</INF> i.e., 64,087 spawners.
The adopted management measures provide for a projected SRFC spawning
escapement of 180,061.
For KRFC in 2024, S<INF>OFL</INF> is 45,639 (potential spawner
abundance forecast) multiplied by 1-F<INF>MSY</INF> (1 - 0.71), or
13,235 returning spawners. S<INF>ABC</INF> is 45,639 multiplied by 1 -
F<INF>ABC</INF> (1 - 0.68) (F<INF>MSY</INF> reduced for scientific
uncertainty = 0.68) or 14,605 returning spawners. S<INF>ACL</INF> is
set equal to S<INF>ABC</INF>, i.e., 14,605 spawners. The adopted
management measures provide for a projected KRFC spawning escapement of
36,511.
For Willapa Bay natural coho salmon in 2024, S<INF>OFL</INF> =
42,236 (potential spawner abundance forecast) multiplied by 1-
F<INF>MSY</INF> (1 - 0.74) or 10,981 returning spawners.
S<INF>ABC</INF> is 42,236 multiplied by 1 - F<INF>ABC</INF> (1 - 0.70)
(F<INF>MSY</INF> reduced for scientific uncertainty = 0.70) or 12,671.
S<INF>ACL</INF> is set equal to S<INF>ABC</INF>, i.e., 12,671 spawners.
The adopted management measures provide for a projected Willapa Bay
natural coho salmon spawning escapement of 29,512.
In summary, the 2024 management measures are 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 2024 salmon
management measures in their notice announcing public meetings and
hearings (89 FR 10042, February 13, 2024). At its March meeting, the
Council developed three alternatives for 2024 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 2024 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, the States,
and NMFS. The Council received 619 written comments via their
electronic portal and 9 oral comments on 2024 ocean salmon fisheries
including from members of the public that commented several times. The
three public hearings were attended by a total of 125 people; 53 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
2024 management alternatives described in PRE II and generally
expressed preferences for a specific alternative or for particular
season structures. All written comments were made available via the
Council's online briefing books for the March and April 2024 Council
meetings. In addition to comments collected at the public hearings and
those submitted directly to the Council, several people provided oral
comments at the March and April 2024 Council meetings. Written and oral
comments received were considered by the Council, which includes a
representative from NMFS, in developing the recommended management
measures transmitted to NMFS on April 22, 2024. NMFS also invited
comments to be submitted directly to the Council or NMFS via the
Federal Rulemaking Portal (<a href="https://www.regulations.gov">https://www.regulations.gov</a>) in a notice (89
FR 17834, March 12, 2024); NMFS received no comments via the Federal
Rulemaking Portal.
Comments on alternatives for commercial salmon fisheries. Many
written comments were from commercial salmon fishers from California.
Of those written comments, the majority supported Alternative III
(i.e., closure of commercial salmon fishing). Those testifying on north
of Cape Falcon commercial salmon fisheries at the Washington hearing
supported the non-treaty quotas and season structure from Alternative I
including the 85,000 total allowable catch for Chinook salmon and
105,000 coho salmon. Alternative I allows for increased access to the
Chinook salmon total allowable catch (TAC) in the spring and to take
advantage of market demands for troll-caught salmon. They also
expressed support for inseason management as an invaluable tool to meet
conservation objectives while allowing flexibility to attain the full
quota. Those testifying on south of Cape Falcon commercial salmon
fisheries at the Oregon hearing supported Alternative I and III. For
Alternative III in the area from Cape Falcon to Humbug
[[Page 44557]]
Mountain, commenters requested that the Council consider a higher trip
limit than the proposed 100 coho salmon. Due to a low participation
rate and diminishing of the fleet, a higher trip limit would provide
more opportunities to access the fish allocation. Those testifying at
the California hearing largely supported Alternative III with a full
closure given the low forecasts for California salmon stocks. This rule
adopts commercial fishing measures north and south of Cape Falcon that
are within the range of the alternatives considered.
Comments on alternatives for recreational fisheries. Those
testifying on fishery management alternatives north of Cape Falcon
favored Alternative I and opening the ocean recreational fishery as
early as possible with a season structure that allowed for maximum
opportunity and avoiding any early closures, particularly before
September, noting the negative economic implications on businesses that
support the fisheries. Those commenting on fishery alternatives south
of Cape Falcon in Oregon expressed a range of opinions on the
alternatives. For Alternatives I and III, the commenters were in favor
of a mark-selective Chinook salmon opportunity rather than no Chinook
salmon retention. In addition, one commenter expressed concerns over
the level of the SRFC impacts going to the in-river fishery under
Alternatives II and III which did not seem fair and equitable when
compared to the level of SRFC impacts available to Oregon fisheries.
Comments from California had mixed support for fishing under
Alternative I or a closure of all areas under Alternative III. The
Council adopted recreational fishing measures north and south of Cape
Falcon that are within the range of alternatives considered.
Additional comments were made regarding the fisheries in southern
Oregon from Cape Falcon to Humbug Mountain. We respond to key comments
below.
Comment 1: The commenter noted that Alternative III for the Cape
Falcon to Humbug Mountain commercial troll fishery provides for a
September 1 to 30 non-mark-selective coho salmon season with a quota of
10,000 non-marked coho salmon (which means total harvest may exceed
10,000 coho salmon). The commenter asserted that to comply with the FMP
section 5.3.2, any coho salmon allocation to the commercial troll
fishery in September should be contingent upon sufficient coho salmon
quota being first allocated to the recreational fishery to reasonably
ensure completion of all scheduled recreational coho salmon fisheries.
Response: Ocean salmon fisheries are designed to ensure
conservation goals for salmon stocks in the FMP, including ESA-listed
stocks, are met. For 2024 ocean salmon fisheries, ESA-listed LC and
SONCC coho salmon stocks constrained ocean salmon fisheries south of
Cape Falcon. The goal in developing the 2024 salmon season was to
provide opportunity and access to relatively healthy salmon runs coming
back to Oregon while remaining within the overall management guidelines
and ESA constraints. Provisions in section 5.3.2 state that the goals
are to help secure recreational seasons extending at least from
Memorial Day through Labor Day when possible, assist in maintaining
commercial markets even at relatively low stock sizes, and fully
utilize available harvest. To accomplish this, deviations from the
allocation schedule are explicitly allowed under section 5.3.2 of the
FMP to meet consultation standards for ESA-listed stocks. The
alternative adopted by this rule provides for recreational coho salmon
fishing in the Cape Falcon to Humbug Mountain area from June 15 through
mid-August and during the month of September (or 25,000 coho salmon
quota), 7 days per week during the open period. It also includes a non-
mark-selective commercial troll coho salmon fishery from September 1
through the earlier of September 30 or a 2,500 coho salmon quota, much
lower than the 10,000 quota included in Alternative III. The
alternative adopted by this rule meets the provisions in section 5.3.2
of the FMP by providing for recreational fishing throughout most of the
Memorial Day through Labor Day period and maintaining commercial
markets in utilizing the available harvest given the constraints on the
fishery to meet consultation standards for ESA-listed coho salmon
stocks and to meet 2024 conservation objectives for KRFC and SRFC
stocks.
Comment 2: Any measures to govern commercial troll fisheries in
September and October in the area between Cape Falcon and Humbug
Mountain should be adopted subject to potential additional management
measures being implemented that are designed to address conservation
concerns regarding Oregon Coast fall Chinook salmon stocks and the
maintenance of traditional ocean and in-river fall recreational
fisheries.
Response: Based on coded-wire tag recoveries in ocean and terminal
fisheries and in escapement, more than 80 percent of the fishing-
related mortality on Oregon Coast Chinook salmon stocks that occurs in
all southern U.S. salmon fisheries occurs in State waters including in-
river fisheries. In-river fisheries are managed by the Oregon Fish and
Game Commission and are outside Federal jurisdiction. However, under
the provisions of the FMP, states can propose to request changes to the
ocean and recreational fisheries management measures via inseason
action. Any inseason action must be consistent with escapement goals,
conservation of the salmon resource, any federally recognized Indian
fishing rights, applicable sharing provisions, and consideration of the
factors listed in section 10.2 of the FMP.
Comment 3: One commenter expressed concerns over the large amount
of SRFC harvest allocated to the in-river fishery under Alternatives II
and III which, they argued, did not seem realistic, or fair and
equitable. They observed that some stakeholders suggested that in-river
harvest projections under Alternatives II and III implicitly
incorporate additional conservation buffers for SRFC escapement because
in-river fisheries are unlikely to be implemented that realize PRE II's
projected harvest levels. If this is the case, any anticipated buffers
and their impacts on conservation objectives should be explicitly
discussed to foster a transparent public process.
Response: The measures in this final rule do not incorporate
implicit or undisclosed buffers. The expectation that some in-river
allocation would not be harvested in the interest of conservation of
SRFC was clarified and discussed by the Council in adopting the final
alternative. The California Department of Fish and Wildlife (CDFW)
stated ``CDFW requested that the Council designed fisheries to minimize
impacts in all Council-managed fisheries that encounter SRFC and KRFC
stocks and it's CDFW's desire that all foregone harvest of these stocks
be put towards escapement this fall.'' See Agenda Item E.6.a
Supplemental CDFW Report 1: CDFW Letter to the Council. CDFW clarified
during Council discussion that its intent was to close all salmon
fishing in California waters and would make that recommendation to the
California Fish and Game Commission which has jurisdiction over
freshwater fisheries in California. The report clarified to the public
that the intent of the CDFW was to forego in-river harvest of SRFC and
to allow those fish to contribute to escapement. Consistent with the
commenter's interest in a transparent process, that information was
available for public comment
[[Page 44558]]
during Council discussion at the April meeting.
The final rule reflects consideration of these comments and
generally includes aspects of all three alternatives, while considering
the best available scientific information, the best use of limited
opportunity given impacts to stocks of concern, 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.
2024 Specifications and Management Measures
The ocean harvest levels and management measures for the 2024
fisheries are designed to apportion the burden of protecting the weak
stocks identified and discussed in PRE I equitably among ocean
fisheries and to provide harvest opportunity of natural and hatchery
runs surplus to inside fishery and spawning needs. Based on the
information provided in the four Council documents described above, the
EA, and discussion at the Council meetings, and taking into account
public comments, NMFS concludes the recommended measures are consistent
with the requirements of the MSA, the ESA, U.S. obligations to Indian
tribes with federally recognized fishing rights, and U.S. international
obligations regarding Pacific salmon. Accordingly, NMFS, through this
final rule, approves and implements the Council's recommendations.
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 early season fisheries that opens earlier than May 16,
2025. The commercial and recreational seasons will open in 2024 as
indicated under the ``Season Description'' headings (in ``Section 1.
Commercial, Non-Indian, Troll Fishery Management Measures'' and
``Section 2. Recreational Fishery Management'') of this final rule.
NMFS may take inseason action to adjust the commercial and recreational
seasons that occur prior to May 16, 2025, as needed. The Treaty Indian
ocean troll seasons will open in 2025 as indicated under the ``Season
Description'' headings (in ``Section 3. Treaty Indian Management
Measures''). In 2025, the Treaty Indian ocean troll season will open
May 1, consistent with all preseason regulations in place for Treaty
Indian Troll fisheries during May 16-June 30, 2024. This opening could
be modified via inseason action.
Sections 1, 2, and 3 below set out the final specifications and
management measures for the commercial, recreational, and Treaty Indian
ocean salmon fisheries for 2024 and, as specified, for 2025. Section 4
provides requirements for halibut retention; section 5 provides
geographical landmarks; and section 6 specifies notice procedures for
inseason modifications. Those elements of the measures set forth in
sections 1 through 3 that refer to fisheries implemented prior to May
16, 2024, were promulgated in our 2023 rule (88 FR 29690, May 11,
2023), as modified by inseason action, 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, Non-Indian Fishery Management Measures
Parts A, B, and C of this section contain the requirements for
participation in the 2024 commercial, non-Indian, salmon troll fishery.
Part A identifies fishing seasons and areas, from north to south, 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 other requirements, definitions,
restrictions, and exceptions.
Inseason modifications of the regulations may be necessary under
certain conditions to fulfill objectives. Inseason actions include
``fixed'' or ``flexible'' actions as decribed in 50 CFR 660.409.
A. Season, Area, and Species Descriptions
--North of Cape Falcon, OR
May 16 through the earlier of June 29, or when NMFS announces the
attainment of 24,600 Chinook salmon.
Catch limits in place for the following areas:
--U.S./Canada border to Queets River: 5,600 Chinook salmon.
--Leadbetter Point to Cape Falcon: 5,710 Chinook salmon.
Landing and possession limits are in place for the following areas.
Landing week is Thursday through Wednesday. Landing limits will be
evaluated weekly inseason.
Landing and possession limit of 150 Chinook salmon per vessel
combined across all subareas per landing week.
--U.S./Canada border to Queets River: 60 Chinook salmon per vessel per
landing week.
--Queets River to Leadbetter Point: 150 Chinook salmon per vessel per
landing week.
--Leadbetter Point to Cape Falcon: 60 Chinook salmon per vessel per
landing week.
Open 7 days per week. All salmon, except coho salmon.
If the Chinook salmon quota is exceeded, the excess will be
deducted from the all-salmon season.
In 2025, the season will open May 1.
--U.S./Canada border to Leadbetter Point
July 1 through the earlier of September 15, or the U.S./Canada
border to Cape Falcon quotas of 16,400 Chinook salmon or 15,200 marked
coho salmon.
--Leadbetter Point to Cape Falcon
July 1 through the earlier of September 30, or the U.S./Canada
border to Cape Falcon quotas of 16,400 Chinook salmon or 15,200 marked
coho salmon.
Open 7 days per week. All salmon. All coho salmon must be marked
with a healed adipose fin clip. No chum salmon retention north of Cape
Alava, WA in August and September.
July 1-10: Landing possession limit of 70 Chinook salmon and 100
marked coho salmon per vessel for the open period.
Beginning July 11: Landing possession limit of 120 Chinook salmon
and 100 marked coho salmon per vessel per landing week (Thursday-
Wednesday).
Landing limits will be evaluated weekly inseason.
For all commercial troll fisheries north of Cape Falcon: Mandatory
closed areas include the Salmon Troll Yelloweye Rockfish Conservation
Area (YRCA), Cape Flattery, and Columbia Control Zones. Grays Harbor
Control Zone closed beginning August 12.
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 Tongue
Point, OR.
Vessels fishing for 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 Washington Department of Fish and Wildlife (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.
[[Page 44559]]
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 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 and Cape
Falcon to notify the Oregon Department of Fish and Wildlife (ODFW)
within 1 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#127c74737e717d7c3c66607d7e7e6077627d6066527d7674653c7d6077757d7c3c757d64"><span class="__cf_email__" data-cfemail="9bf5fdfaf7f8f4f5b5efe9f4f7f7e9feebf4e9efdbf4fffdecb5f4e9fefcf4f5b5fcf4ed">[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.
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 abroad, and destination. Vessels in possession of salmon south of
the Queets River may not cross the Queets River line without first
notifying WDFW at 360-249-1215 with area fished, total Chinook salmon,
coho salmon, and halibut catch aboard, and destination. Inseason
actions may modify harvest guidelines in later fisheries to achieve or
prevent exceeding the overall allowable troll harvest impacts.
Vessels fishing in a subarea north of Cape Falcon with a higher
limit may transit through and land in a subarea with a lower limit.
Prior to crossing the subarea line at Leadbetter Point or Queets River,
vessels must notify WDFW at 360-249-1215 with area fished, total
Chinook salmon, coho salmon, and halibut catch aboard, and destination
with approximate time of delivery.
South of Cape Falcon, OR
--Cape Falcon to Humbug Mountain
April 16, 2024-May 29;
June 1-5; 12-16; 26-30;
July 26-30;
August 4-8;
September 1-October 31.
Open 7 days per week. All salmon, except coho salmon except for in
the non-mark selective coho salmon fishery described below. All vessels
fishing in the area must land their salmon in the State of Oregon.
Non-mark-selective coho salmon fishery:
September 1 through the earlier of September 30 or a 2,500 coho
salmon quota, no more than 25 coho salmon allowed per vessel per
landing week (Thursday-Wednesday). If the coho salmon quota is met
prior to September 30, then all salmon except coho salmon season
continues. Mandatory reporting is required as described below:
Under State law, vessels must report their catch on a State fish
receiving ticket. Oregon State regulations require all fishers landing
coho salmon in Oregon from any fishery between Cape Falcon and Humbug
Mountain to notify ODFW within 1 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#3e50585f525d5150104a4c5152524c5b4e514c4a7e515a584910514c5b59515010595148"><span class="__cf_email__" data-cfemail="d1bfb7b0bdb2bebfffa5a3bebdbda3b4a1bea3a591beb5b7a6ffbea3b4b6bebfffb6bea7">[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.
Beginning September 1, no more than 75 Chinook salmon allowed per
vessel per landing week (Thursday-Wednesday).
In 2025, the season will open March 15 for all salmon except coho
salmon. Gear restrictions same as in 2024.
--Humbug Mountain to Oregon/California border (Oregon Klamath
Management Zone (KMZ))
April 16-30, 2024.
Open 7 days per week. All salmon, except coho salmon. All vessels
fishing in the area must land their salmon in the State of Oregon.
In 2025, the season will open March 15 for all salmon except coho
salmon. Gear restrictions same as in 2024.
--Oregon/California border to Humboldt South Jetty (California KMZ)
Closed in 2024.
In 2025, the season will open May 1 through the earlier of May 31,
or a 3,000 Chinook salmon quota. Landing and possession limit of 25
Chinook salmon per vessel per week. Open 5 days per week (Friday-
Tuesday). All salmon except coho salmon. Any remaining portion of
Chinook salmon quotas may be transferred inseason on an impact neutral
basis to the next open quota period. All fish caught in this area must
be landed within the area, within 24 hours of any closure of the
fishery and prior to fishing outside the area. Electronic Fish Tickets
must be submitted within 24 hours of landing. Klamath Control Zone
closed (see C.5.e). See California State regulations for an additional
closure adjacent to the Smith River.
--Humboldt South Jetty to Latitude 40[deg]10' N
Closed in 2024.
--Latitude 40[deg]10' N to Point Arena (Fort Bragg)
Closed in 2024.
In 2025, the season opens April 16 for all salmon except coho
salmon Gear restrictions same as in 2022. Harvest guidelines and
vessel-based landing and possession limits may be considered inseason.
Inseason action to close fisheries, modify season dates, or modify
vessel-based landing and possession limits may be considered when total
commercial harvest in this management area is approaching its harvest
guideline.
Electronic Fish Tickets must be submitted within 24 hours of
landing.
--Point Arena to Pigeon Point (San Francisco)
Closed in 2024.
In 2025, the season opens May 1 for all salmon except coho salmon.
Gear restrictions same as in 2022. Inseason action to close fisheries,
modify season dates, or modify vessel-based landing and possession
limits may be considered when total commercial harvest in this
management area is approaching its harvest guideline . Electronic Fish
Tickets must be submitted within 24 hours of landing.
--Pigeon Point to the U.S./Mexico border (Monterey)
Closed in 2024.
In 2025, the season opens May 1 for all salmon except coho salmon.
Gear restrictions same as in 2022. Harvest guidelines and vessel-based
landing and possession limits may be considered inseason. Inseason
action to close fisheries, modify season dates, or modify vessel-based
landing and possession limits may be considered when total commercial
harvest in this management area is approaching its harvest guideline.
Electronic Fish Tickets must be submitted within 24 hours of landing.
When the fishery is closed from Humbug Mountain to the Oregon/
California border and open to the south, vessels with fish on board
caught in the open area off California may seek temporary mooring in
Brookings, OR,
[[Page 44560]]
prior to landing in California only if such vessels first notify the
Chetco River U.S. Coast Guard (USCG) Station via very high frequency
(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.
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
Fish and Game Code section 8226).
B. Minimum Size (Inches)
Table 1--Minimum Size Limits for Salmon in the 2024 Commercial Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
Chinook salmon Coho salmon
Area (when open) ---------------------------------------------------------- Pink
Total length Head-off Total length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR....... 27 20.5 16 12 None.
Cape Falcon to Humbug Mountain. 28 21.5 16 12 None.
Humbug Mountain to OR/CA border 28 21.5 .............. ........... None.
OR/CA border to Humboldt South
Jetty.
Lat. 40[deg]10'0'' N to Point
Arena.
Point Arena to Pigeon Point....
Pigeon Point to U.S./Mexico
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 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 to the Oregon/California border: No more than four
spreads are allowed per line.
c. Oregon/California border to U.S./Mexico border: No more than six
lines are allowed per vessel, and barbless circle hooks are required
when fishing with bait by any means other than trolling.
C.3. Gear Definitions
Trolling: 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, 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. Salmon Troll 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
[[Page 44561]]
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 nmi (11
km) north of the Klamath River mouth); on the west by 124[deg]23'00'' W
long. (approximately 12 nmi (22 km) off shore); and on the south by
41[deg]26'48'' N lat. (approximately 6 nmi (11 km) south of the Klamath
River mouth).
f. Waypoints for the 40-fathom (73-meter) regulatory line from Cape
Falcon to Humbug Mountain (50 CFR 660.71 (o)(12)-(62)), 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 1 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
Permit applications for incidental harvest of halibut during
commercial salmon fishing must be obtained from the NMFS WCR Permits
Office.
a. Pacific halibut retained must be no less than 32 inches (81.3
cm) in total length, measured from the tip of the lower jaw with the
mouth closed to the extreme end of the middle of the tail, and must be
landed with the head on.
b. During the salmon troll season, incidental harvest is allowed if
quota is available. WDFW, ODFW, and CDFW will monitor landings. NMFS
may make inseason adjustments to the landing restrictions to assure
that the incidental harvest rate is appropriate for salmon and halibut
availability, does not encourage target fishing on halibut, and does
not increase the likelihood of exceeding the quota for this fishery,
and may prohibit retention of halibut in the non-Indian salmon troll
fishery if there is risk in exceeding the subquota for the salmon troll
fishery or the non-tribal commercial fishery allocation. Inseason
adjustments will be announced on the NMFS hotline (phone: 800-662-9825
or 206-526-6667). See the most current Pacific Halibut Catch Sharing
Plan for more details.
c. Incidental Pacific halibut catch regulations in the commercial
salmon troll fishery adopted for 2024, prior to any 2024 inseason
action, will be in effect when incidental Pacific halibut retention
opens on April 1, 2024.
d. Incidental Pacific halibut retention begins May 16, 2024,
through the end of the 2024 salmon troll fishery, and April 1, 2025,
until modified through inseason action or superseded by the 2025
management measures. Permit holders may land or possess no more than 1
Pacific halibut per 2 Chinook salmon, except 1 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.
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 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:
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 Salmon Advisory Subpanel (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.
g. Deviations from the allocation of allowable ocean harvest of
coho salmon in the area south of Cape Falcon may be allowed to meet
consultation standards for ESA-listed stocks (FMP 5.3.2). Therefore,
because 2024 fisheries are constrained to meet ESA-conservation
objectives as described in the preamble to the rule, any rollovers
resulting in a deviation from the south of Cape Falcon coho salmon
allocation schedule would fall underneath this exemption.
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. California KMZ Definition: The California KMZ for the ocean
salmon season shall be that area from Humbug Mountain, OR, to Latitude
40[deg]10' N.
C.11. Latitudes for geographical reference of major landmarks along
the West Coast are listed in section 5 of this final rule.
C.12. California 24-hour reporting requirements: Salmon harvested
under quota or harvest limit regulations must be reported within 24
hours of landing via electronic fish tickets. Electronic fish tickets
shall be completed at the
[[Page 44562]]
time of the receipt, purchase, or transfer of fish, whichever occurs
first, and shall contain the number of salmon landed. Once transfer of
fish begins, all fish aboard the vessel are counted as part of the
landing. The electronic fish ticket is a web-based form submitted
through the ``E-Tix'' application, managed by the Pacific States Marine
Fisheries Commission and located at <a href="https://etix.psmfc.org">https://etix.psmfc.org</a>.
Section 2. Recreational Fishery Management Measures
Parts A, B, and C of this section contain requirements for
participation in the 2024 recreational ocean salmon fishery. Part A
identifies fishing areas from north to south, the open seasons for the
area, and the salmon species allowed to be caught during the seasons.
Part B specifies minimum size limits. Part C specifies special
requirements, definitions, restrictions, and exceptions. All measures
are subject to inseason management.
A. Season Description
North of Cape Falcon, OR
--U.S./Canada border to Cape Alava (Neah Bay Subarea)
June 22 through earlier of September 15, or 8,300 marked coho
salmon subarea quota, with a subarea guideline of 9,430 Chinook salmon.
Open 7 days per week. All salmon, except no chum salmon beginning
August 1; two salmon per day, of which only one may be a Chinook
salmon. All coho salmon must be marked with a healed adipose fin clip.
Beginning August 1, Chinook salmon non-retention east of the
Bonilla-Tatoosh line during Federal ocean fishery
--Cape Alava to Queets River (La Push Subarea)
June 22 through earlier of September 15, or 2,070 marked coho
salmon subarea quota, with a subarea guideline of 1,630 Chinook salmon.
Open 7 days per week. All salmon, except no chum salmon, beginning
August 1; two salmon per day, of which only one may be a Chinook
salmon. All coho salmon must be marked with a healed adipose fin clip.
--Queets River to Leadbetter Point (Westport Subarea)
June 30-July 11 open 5 days per week (Sunday-Thursday);
July 14 through earlier of September 15, or 29,530 marked coho
salmon subarea quota, with a subarea guideline of 17,430 Chinook salmon
open 7 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.
Prior to September 16, possession of salmon on board a vessel is
prohibited on days when the subarea is closed to salmon retention.
Grays Harbor Control Zone closed beginning August 12.
--Leadbetter Point to Cape Falcon (Columbia River Subarea)
June 22 through earlier of September 30, or 39,900 marked coho
salmon subarea quota, with a subarea guideline of 12,510 Chinook
salmon.
Open 7 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.
Columbia Control Zone closed.
South of Cape Falcon
--Cape Falcon to Humbug Mountain
March 15, 2024-October 31.
Open 7 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 salmon fishery, two fish per day.
Beginning October 1, the fishery is only open shoreward of the 40-
fathom (73-meters) management line.
In 2025, the season will open March 15 for all salmon except coho
salmon, two salmon per day (see C.1). Same gear restrictions as in
2024.
Mark-selective coho salmon fishery:
--Cape Falcon to Oregon/California Border
Cape Falcon to Humbug Mountain: June 15 through the earlier of
August 18, or the Cape Falcon to Oregon/California border quota of
45,000 marked coho salmon.
Humbug Mountain to Oregon/California border: June 15 through the
earlier of August 4, or the Cape Falcon to Oregon/California border
quota of 45,000 marked coho salmon.
Open 7 days per week. All salmon, two salmon per day. All retained
coho salmon must be marked with a healed adipose fin clip.
Any remainder of the mark-selective coho salmon quota may be
transferred inseason on an impact neutral basis to the September non-
mark-selective coho salmon fishery from Cape Falcon to Humbug Mountain.
Non-mark-selective coho salmon fishery:
--Cape Falcon to Humbug Mountain
September 1 through the earlier of September 30, or 25,000 coho
salmon quota.
Open 7 days per week. All salmon, two salmon per day.
--Humbug Mountain to Oregon/California border (Oregon KMZ)
May 16-August 31.
Open 7 days per week. All salmon except coho salmon, except as
provided above during the mark-selective coho salmon fishery from Cape
Falcon to the Oregon/California border (June 15-August 4), two salmon
per day.
For recreational fisheries from Cape Falcon to Humbug Mountain:
Fishing in the Stonewall Bank YRCA is 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)
Closed in 2024.
In 2025, the season opens April 5 for all salmon except coho
salmon, two salmon per day. Gear restrictions same as in 2022 (see C.2,
C.3). Inseason action to close fisheries, modify season dates, or
modify the bag limit may be considered when sport harvest is
approaching a harvest guideline.
--Latitude 40[deg]10' N to Point Arena (Fort Bragg)
Closed in 2024.
In 2025, the season opens April 5 for all salmon except coho
salmon, two salmon per day. Gear restrictions same as in 2022. Inseason
action to close fisheries, modify season dates, or modify the bag limit
may be considered when sport harvest is approaching a harvest
guideline.
--Point Arena to Pigeon Point (San Francisco)
Closed in 2024.
In 2025, the season opens April 5 for all salmon except coho
salmon, two salmon per day. Gear restrictions same as in 2022.
--Pigeon Point to U.S./Mexico border (Monterey)
Closed in 2024.
In 2025, the season opens April 5 for all salmon except coho
salmon, two salmon per day. Gear restrictions same as in 2022. Inseason
action to close fisheries, modify season dates, or modify the bag limit
may be considered when total sport harvest is approaching a harvest
guideline.
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).
[[Page 44563]]
B. Minimum Size (Total Length in Inches)
Table 2--Minimum Size Limits for Salmon in the 2024 Recreational Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
Area (when open) Chinook salmon Coho salmon Pink salmon
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon (Neah Bay and La Push)..................... 24.0 16.0 None.
North of Cape Falcon (Westport and Columbia River).............. 22.0 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......................... .............. .............. ..............
Point Arena to Pigeon Point..................................... .............. .............. ..............
Pigeon Point to U.S./Mexico border.............................. .............. .............. ..............
----------------------------------------------------------------------------------------------------------------
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, or salmon heads removed 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 salmon 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, CA: 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, CA: 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 5 inches (12.7 cm) when
measured from the top of the eye of the top hook to the inner base of
the curve of the lower hook, and both hooks must be permanently tied in
place (hard tied). Circle hooks are not required when artificial lures
are used without bait.
C.3. Gear Definitions
a. Recreational fishing gear: 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 4 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: 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: 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 nmi (11
km) north of the Klamath River mouth); on the west by 124[deg]23'00'' W
long. (approximately 12 nmi (22 km) offshore); and, on the south by
41[deg]26'48'' N lat. (approximately 6 nmi (11 km) south of the Klamath
River mouth).
f. Waypoints for the 40-fathom (73-meters) regulatory line from
Cape Falcon to Humbug Mountain (50 CFR 660.71(o)(12) through (62)),
when in place.
[[Page 44564]]
C.5. Inseason Management
Regulatory modifications may become necessary inseason to meet
preseason management objectives such as quotas, harvest guidelines, and
season duration. Actions could include modifications to bag limits, or
days open to fishing, and extensions or reductions in areas open to
fishing. Any changes will be communicated via telephone hotline numbers
206-526-6667 and 800-662-9825, and by USCG Notice to Mariners
broadcasts on Channel 16 VHF-FM and 2182 kHz.
a. 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.
b. 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.
c. 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 salmon.
d. Marked coho salmon remaining from the Cape Falcon to Oregon/
California border. A 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.
f. Deviations from the allocation of allowable ocean harvest of
coho salmon in the area south of Cape Falcon may be allowed to meet
consultation standards for ESA-listed stocks (FMP 5.3.2). Therefore,
because 2024 fisheries are constrained to meet ESA-conservation
objectives as described in the preamble to the rule, any rollovers
resulting in a deviation from the south of Cape Falcon coho salmon
allocation schedule would fall underneath this exemption.
C.6. Additional Seasons in State Territorial Waters
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
Parts A, B, and C of this section contain requirements that must be
followed for lawful participation in the 2024 Treaty Indian salmon
fishery.
In 2025, the season will open May 1, consistent with all preseason
regulations in place for Treaty Indian troll fisheries during May 16-
June 30, 2024. All catch in May 2025 applies against the 2025 Treaty
Indian Troll fisheries quota.
A. Season Descriptions
May 1 through the earlier of June 30 or 21,250 Chinook salmon
quota.
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 size limit and other restrictions.
July 1 through the earlier of September 15, or 21,500 Chinook
salmon quota or 42,500 coho salmon quota.
All salmon. See size limit and other restrictions.
B. Minimum Size (Inches)
Table 3--Minimum Size Limits for Salmon in the 2024 Treaty Indian Ocean Salmon Fisheries
----------------------------------------------------------------------------------------------------------------
Chinook salmon Coho salmon
Area (when open) -------------------------------------------------------------- Pink
Total length Head-off Total length 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 [Washington Administrative Code 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 lat.
48[deg]10'00'' N, long. 124[deg]43'56.9'' W; then proceeding west
approximately 40 nmi (74 km) at that latitude to a northwestern point
located at lat. 48[deg]10'00'' N, long. 125[deg]44'00'' W; then
proceeding in a southeasterly direction mirroring the coastline at a
distance no farther than 40 nmi (74 km) from the mainland Pacific coast
shoreline at any line of latitude, to a southwestern point at lat.
47[deg]31'42'' N, long. 125[deg]20'26'' W; then proceeding east along
that line of latitude to the Pacific coast shoreline at lat.
47[deg]31'42'' N, long. 124[deg]21'9.0'' W.
HOH--A polygon commencing at the Pacific coast shoreline near the
mouth of the Quillayute River, located at lat. 47[deg]54'30'' N, long.
124[deg]38'31'' W; then proceeding west approximately 40 nmi (74.08 km)
at that lat. to a northwestern point located at lat. 47[deg]54'30'' N,
long. 125[deg]38'18'' W; then proceeding in a southeasterly direction
mirroring the coastline at a distance no farther than 40 nmi (74.08 km)
from the mainland Pacific coast shoreline, to a point located at lat.
47[deg]31'42'' N, long. 125[deg]20'26'' W, then proceeding east along
that line of lat. approximately 10 nmi (18.52 km) to a point located at
latitude 47[deg]31'42'' N, long. 125[deg]5'48'' W, then proceeding in a
southeasterly direction mirroring the coastline at a distance no
farther than 30 nmi (55.56 km) from the mainland Pacific coast
shoreline to a point located at lat. 47[deg]21'00'' N, long.
125[deg]2'52'' W; then
[[Page 44565]]
proceeding east along that line of lat. to the Pacific coast shoreline
near the mouth of the Quinault River, located at lat. 47[deg]21'00'' N,
long. 124[deg]18'8'' W.
QUINAULT--A polygon commencing at the Pacific coast shoreline near
Destruction Island, located at lat. 47[deg]40'06'' N, long.
124[deg]23'51.362'' W; then proceeding west approximately 30 nmi (55.6
km) at that latitude to a northwestern point located at lat.
47[deg]40'06'' N, long. 125[deg]08'30'' W; then proceeding in a
southeasterly direction mirroring the coastline no farther than 30 nm
(55.6 km) from the mainland Pacific coast shoreline at any line of
latitude to a southwestern point at lat. 46[deg]53'18'' N, long.
124[deg]53'53'' W; then proceeding east along that line of latitude to
the Pacific coast shoreline at lat. 46[deg]53'18'' N, long.
124[deg]7'36.6'' W.
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.)
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 the
earlier of 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 2024 season
(estimated harvest during the October ceremonial and subsistence
fishery: 20 Chinook salmon; 40 coho salmon).
c. The treaty troll tribes may conduct an experimental fishery
through the month of September for gathering GSI data to inform
potential impacts in future years of the treaty Indian ocean troll
fishery. Potential impacts from this non-retention experimental fishery
are accounted for in the modeling associated with the treaty Indian
ocean troll fishery.
C.4. Area Closures
a. The area within a 6 nmi (11 km) radius of the mouths of the
Queets River (47[deg]31'42'' N lat.) and the Hoh River (47[deg]45'12''
N lat.) will be closed to commercial fishing.
b. A closure within 2 nmi (3.7 km) of the mouth of the Quinault
River (47[deg]21'00'' N lat.) may be enacted by the Quinault Nation
and/or the State of Washington and will not adversely affect the
Secretary of Commerce's management regime.
C.5. Inseason Management
In addition to standard inseason actions or modifications already
noted under the ``Season Description'' heading above, the following
applies:
a. Chinook salmon 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
Vessels participating in the salmon troll fishery in Area 2A that
have obtained the appropriate permit may retain halibut caught
incidentally during authorized periods in conformance with provisions
published with the Pacific Halibut Fisheries Catch Sharing Plan 2024
annual management measures (89 FR 19275, March 18, 2024). 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.
Permit applications for incidental harvest must be obtained from
the WCR Permits Office (phone: 562-980-4238 or <a href="/cdn-cgi/l/email-protection#c0b7a3b2edb0a5b2ada9b4b380aeafa1a1eea7afb6"><span class="__cf_email__" data-cfemail="4e392d3c633e2b3c23273a3d0e20212f2f60292138">[email protected]</span></a>).
No 2024 permits are available; applicants must apply prior to March 1
for 2025 permits. If the sub-quota for this fishery has not been
harvested during the April-June portion of the salmon troll fishery,
then incidental halibut harvest will be allowed in July and continue
until the amount of halibut that was initially available as the quota
for the troll fishery is taken or until the end of the season date for
commercial halibut is determined by NMFS and implemented in the Federal
Register (typically early October). If the landings are projected to
exceed the 44,001 pounds (19,959 kg) 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.
Incidental halibut harvest regulations, including season dates,
management measures, and TAC for each International Pacific Halibut
Commission (IPHC) management area, are listed under C.7 of section 1
(Commercial, Non-Indian, Troll Fishery Management Measures).
Section 5. Geographical Landmarks
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, 40[deg]10'00'' N lat.
CA).
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 WCR, 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).
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. These
[[Page 44566]]
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. 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 February because spawning escapement continues through the fall.
The planning and public review process associated with developing
the regulations is initiated in February as soon as the forecast
information becomes available. The process requires coordination of
management actions of four States, numerous Indian tribes, and the
Federal Government, as well as consideration of information from the
Pacific Salmon Commission that is not available until April 1 of each
year. All of these entities have management authority over the stocks.
This complex process includes the affected user groups as well as the
general public. Providing the opportunity for prior notice and public
comments on the measures through a proposed and final rulemaking
process would require 30 to 60 days in addition to the 2-month period
required for the development of the regulations. Delaying the
implementation of annual fishing regulations, which are based on the
current stock abundance projections, for an additional 30-60 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 2024 fishing regulations, the current stock
abundance was not available until February. In addition, information
related to northern fisheries and stock status in Alaska and Canada,
which is important to assess the amount of salmon available to U.S.
ocean fisheries, is not available until April 1. 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 (with some inseason
modifications), 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 2024 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. As described above, oral and written public comment was received
and considered throughout the process of developing these management
measures. Based upon the above-described public comment already
received and need to have these measures effective 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 (800-662-9825 or 206-526-6667) used
for inseason management actions and is posting the regulations on its
WCR website (<a href="https://www.fisheries.noaa.gov/region/west-coast">https://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 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 November
30, 2026. 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.
[[Page 44567]]
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 15, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-11046 Filed 5-16-24; 4:15 pm]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.