Download:
pdf |
pdfNOAA
FISHERIES
SERVICE
2017 Federal Regulations for
West Coast Salmon Fisheries
Applying in the Exclusive Economic Zone
(3-200 nautical miles) off the Coasts of
Washington, Oregon, and California
Ocean Salmon Hotline
800-662-9825
or
206-526-6667
Revised April 28, 2017
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
Please sign up to receive email notifications of changes in the salmon fishery.
Enroll at:
http://www.westcoast.fisheries.noaa.gov/fisheries/salmon_steelhead/signup_for_the_salmon_fishery_management_listserve.html
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
CONTENTS
INTRODUCTION ............................................................................................................. 1
Code of Federal Regulations........................................................................................... 2
2017 Management Measures........................................................................................ 18
Section 1. Commercial Management Measures for 2017 Ocean Salmon Fisheries ............................ 18
A. Season Description................................................................................................................... 19
Commercial Fisheries North of Cape Falcon, Oregon ...................................................... 19
Commercial Fisheries South of Cape Falcon, Oregon ...................................................... 20
B. MINIMUM SIZE ..................................................................................................................... 21
C. REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS ......................... 22
Section 2. Recreational Management Measures for 2017 Ocean Salmon Fisheries ........................... 25
A. Season Description................................................................................................................... 25
Recreational Fisheries North of Cape Falcon, Oregon ..................................................... 25
Recreational Fisheries South of Cape Falcon, Oregon ..................................................... 26
B. MINIMUM SIZE ..................................................................................................................... 27
C. REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS ......................... 27
Section 3. Treaty Indian Management Measures for 2017 Ocean Salmon Fisheries .......................... 30
A. SEASON DESCRIPTIONS ..................................................................................................... 30
B. MINIMUM SIZE ..................................................................................................................... 30
C. REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS ......................... 30
Section 4. Halibut Retention................................................................................................................ 31
Section 5. Geographical Landmarks.................................................................................................... 31
Section 6. Inseason Notice Procedures ................................................................................................ 32
Groundfish Retention in the Commercial Salmon Fishery .................................................................. 32
KILLER WHALE ALERT................................................................................................ 33
Figures and maps.......................................................................................................... 34
Calendars
……………………………………………………………………………………37
INSEASON MANAGEMENT ACTIONS ........................................................................ 38
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
i
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
INTRODUCTION
General and annual regulations. This booklet provides fishermen with a quick reference guide to the Federal
regulations governing commercial and recreational salmon fisheries in the exclusive economic zone (3-200 nautical
miles off shore) off Washington, Oregon, and California.
General measures. Portions of parts 600 and 660 of Volume 50 of the Code of Federal Regulations (CFR) are
reprinted in this booklet. Part 660 contains the regulations governing the ocean salmon fisheries. Part 600 contains
general provisions governing all domestic fisheries; however, only those regulations pertinent to the ocean salmon
fisheries are included in this booklet.
Annual management specifications. Management measures for 2017, and for seasons opening earlier than May 1,
2018, were recommended by the Pacific Fishery Management Council (Council). The Council's recommendations
were implemented by a final rule published in the Federal Register (82 FR 19631, April 28, 2017).
Inseason management actions. Fishermen are advised to stay informed of inseason changes to the regulations and
to consult Federal and/or State fishery management agencies for current information for the areas in which they are
or will be fishing. State regulations, which may differ from Federal regulations, are in effect in State territorial
waters (0-3 nautical miles off shore).
Actual notice of inseason changes to the Federal regulations will be provided as follows.
•
•
•
•
Ocean salmon hotline at (800) 662-9825 or (206) 526-6667. Recorded messages summarize inseason
changes to date.
U.S. Coast Guard Notice to Mariners broadcasts. Announcements on Channel 16 VHF-FM and 2182
kHz designate the channel or frequency over which the Notice to Mariners will be immediately broadcast.
Inseason changes to the Federal regulations are also published in the Federal Register.
Announcements will be emailed to “Salmonlist” subscribers. Sign up at:
http://www.westcoast.fisheries.noaa.gov/fisheries/salmon_steelhead/salmon_and_steelhead_fisheries.html
For more information. Current information on the ocean salmon regulations may be obtained from the Federal and
State fishery management agencies.
National Marine Fisheries Service
West Coast Region – Seattle
7600 Sand Point Way N.E.,
Building 1
Seattle, WA 98115-0070
(206) 526-6150
www.westcoast.fisheries.noaa.gov
National Marine Fisheries Service
West Coast Region – Long Beach
501 West Ocean Boulevard,
Suite 4200
Long Beach, CA 90802-4213
(562) 980-4000
www.westcoast.fisheries.noaa.gov
Pacific Fishery Management Council
7700 NE Ambassador Place,
Suite 101
Portland, OR 97220-1384
(503) 820-2280
(866) 806-7204
www.pcouncil.org
Washington Dept. Fish and Wildlife
wdfw.wa.gov/fishing/
General: (360) 902-2700
Fishing Hotline: (360) 902-2500
Oregon Dept. Fish and Wildlife
www.dfw.state.or.us/resources/fishing
General: (503) 947-6000
Fishing Hotline: (800) 662-9825
California Dept. Fish and Wildlife
http://www.dfg.ca.gov/marine/
General: (707) 576-3456
Fishing Hotline: (707) 576-3429
National Marine Fisheries Service - Fisheries Violation Hotline: (800) 853-1964
Internet Sources.
Federal Digital System (locate Federal Register Notices) — FDsys: www.gpo.gov/fdsys/
Code of Federal Regulations— e-CFR: ecfr.gpoaccess.gov
Email. Sign up for email updates on Salmon Fishery Management at:
http://www.westcoast.fisheries.noaa.gov/fisheries/salmon_steelhead/salmon_and_steelhead_fisheries.html
Disclaimer. Any discrepancies between the regulations in this booklet and those in the Federal Register, including
any inseason changes, will be resolved in favor of those published in the Federal Register.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
1
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations (CFR) sections
excerpted below are provided as a convenient
reference to rules that govern ocean salmon fishing in
the Exclusive Economic Zone (EEZ) off the west
coast of the United States. The complete CFR can be
found online at: http://ecfr.gpoaccess.gov
§660.1 Purpose and scope.
(a) The regulations in this part [Part 660] govern
fishing for Western Pacific and West Coast fishery
management unit species by vessels of the United
States that operate or are based inside the outer
boundary of the EEZ off Western Pacific and West
Coast States.
Authority. 16 U.S.C. 1801 et seq. (see Magnuson–
Stevens Fishery Conservation and Management Act).
(b) General regulations governing fishing by all
vessels of the United States and by fishing vessels
other than vessels of the United States are contained
in part 600 of this chapter.
Sources. These excerpts from the CFR are taken
from the e-CFR (ecfr.gpoaccess.gov), updated
through April 6, 2012.
§660.401 Purpose and scope.
This subpart [which includes sections 660.401660.411] implements the Fishery Management Plan
for Commercial and Recreational Salmon Fisheries
Off the Coasts of Washington, Oregon, and
California developed by the Pacific Fishery
Management Council. These regulations govern the
management of West Coast salmon fisheries in the
EEZ.
50 CFR Chapter VI
Part 660–Fisheries Off WestCoast States and in
the Western Pacific
Subpart A–General
§660.1 Purpose and scope.
§660.2 Relation to other laws.
§660.3 Reporting and recordkeeping.
Subpart H–West Coast Salmon Fisheries
§660.401 Purpose and scope.
§660.402 Definitions.
§660.403 Relation to other laws.
§660.404 Recordkeeping and reporting.
§660.405 Prohibitions.
§660.406 Exempted fishing.
§660.407 Treaty Indian fishing.
§660.408 Annual actions.
§660.409 Inseason actions.
§660.410 Conservation objectives.
§660.411 Notification and publication procedures.
§600.5 Purpose and scope.
(a) This part [Part 600] contains general provisions
governing the operation of the eight Regional Fishery
Management Councils established by the MagnusonStevens Act and describes the Secretary’s role and
responsibilities under the Act. The Councils are
institutions created by Federal law and must conform
to the uniform standards established by the Secretary
in this part.
(b) This part also collects the general provisions
common to all domestic fisheries governed by this
chapter.
Part 600–Magnuson-Stevens Act Provisions
Subpart A–General
§600.5 Purpose and scope.
§600.10 Definitions.
§600.15 Other acronyms.
Subpart H–General Provisions for Domestic
Fisheries
§600.705 Relation to other laws.
§600.725 General prohibitions.
§600.730 Facilitation of enforcement.
§600.735 Penalties.
§600.740 Enforcement policy.
§600.745 Scientific research activity, exempted
fishing, and exempted educational activity.
§§660.402 and 600.10 Definitions.
In addition to the definitions in the MagnusonStevens Act, the terms used in parts 660 and 600 of
this chapter have the following meanings:
Administrator means the Administrator of NOAA
(Under Secretary of Commerce for Oceans and
Atmosphere) or a designee. [§600.10]
Advisory group means a Scientific and Statistical
Committee (SSC), Fishing Industry Advisory
Committee (FIAC), or Advisory Panel (AP)
established by a Council under the MagnusonStevens Act. [§600.10]
Aggregate or summary form means confidential data
structured in such a way that the identity of the
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
2
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
submitter cannot be determined either from the
present release of the data or in combination with
other releases. [§600.10]
Director means the Director of the Office of
Sustainable Fisheries, 1315 East–West Highway,
Silver Spring, MD 20910. [§600.10]
Allocation means direct and deliberate distribution of
the opportunity to participate in a fishery among
identifiable, discrete user groups or individuals.
[§600.10]
Discard means to release or return fish to the sea,
whether or not such fish are brought fully on board a
fishing vessel. [§600.10]
Dressed, head–off length of salmon means the
shortest distance between the midpoint of the clavicle
arch and the fork of the tail, measured along the
lateral line while the fish is lying on its side, without
resort to any force or mutilation of the fish other than
removal of the head, gills, and entrails. [§660.402]
Anadromous species means species of fish that spawn
in fresh or estuarine waters of the United States and
that migrate to ocean waters. [§600.10]
Assistant Administrator means the Assistant
Administrator for Fisheries, NOAA, or a designee.
[§600.10]
Dressed, head–off salmon means salmon that have
been beheaded, gilled, and gutted without further
separation of vertebrae, and are either being prepared
for on–board freezing, or are frozen and will remain
frozen until landed. [§660.402]
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of
the USCG;
Exclusive Economic Zone (EEZ) means the zone
established by Presidential Proclamation 5030, 3
CFR part 22, dated March 10, 1983, and is that area
adjacent to the United States which, except where
modified to accommodate international boundaries,
encompasses all waters from the seaward boundary
of each of the coastal states to a line on which each
point is 200 nautical miles (370.40 km) from the
baseline from which the territorial sea of the United
States is measured. [§600.10]
(2) Any special agent or fishery enforcement officer
of NMFS;
(3) Any officer designated by the head of any
Federal or state agency that has entered into an
agreement with the Secretary and the Commandant of
the USCG to enforce the provisions of the
Magnuson-Stevens Act or any other statute
administered by NOAA; or
(4) Any USCG personnel accompanying and acting
under the direction of any person described in
paragraph (1) of this definition. [§600.10]
Exempted educational activity means an activity that
would otherwise be considered fishing, conducted by
an educational institution accredited by a recognized
national or international accreditation body, of
limited scope and duration, that is otherwise
prohibited by this chapter VI, but that is authorized
by the appropriate Regional Administrator or
Director for educational purposes, i.e., the instruction
of an individual or group, and authorized capture of
only the amount of fish necessary to demonstrate the
lesson. [§600.10]
Barbless hook means a hook with a single shank and
point, with no secondary point or barb curving or
projecting in any other direction. Where barbless
hooks are specified, hooks manufactured with barbs
can be made barbless by forcing the point of the barb
flat against the main part of the point. [§660.402]
Catch, take, or harvest includes, but is not limited to,
any activity that results in killing any fish or bringing
any live fish on board a vessel. [§600.10]
Exempted or experimental fishing means fishing from
a vessel of the United States that involves activities
otherwise prohibited by this chapter VI, but that are
authorized under an exempted fishing permit (EFP).
The regulations in §600.745 refer exclusively to
exempted fishing. References elsewhere in this
chapter to experimental fishing mean exempted
fishing under this part. [§600.10]
Center means one of the five NMFS Fisheries
Science Centers. [§600.10]
Commercial fishing means fishing with troll fishing
gear as defined annually under §660.408, or fishing
for the purpose of sale or barter of the catch.
[§660.402]
Council means the Pacific Fishery Management
Council. [§660.402]
Fish means:
(1) When used as a noun, means any finfish,
mollusk, crustacean, or parts thereof, and all other
forms of marine animal and plant life other than
marine mammals and birds.
Data, statistics, and information are used
interchangeably. [§600.10]
Dealer means the person who first receives fish by
way of purchase, barter, or trade. [§600.10]
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
3
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
(2) When used as a verb, means to engage in
“fishing,” as defined below. [§600.10]
N. lat.
32°35´22˝
32°37´37˝
31°07´58˝
30°32´31˝
Fishery means:
(1) One or more stocks of fish that can be treated as
a unit for purposes of conservation and management
and that are identified on the basis of geographic,
scientific, technical, recreational, or economic
characteristics, or method of catch; or
(4) The inner boundaries of the fishery management
area are subject to change if the Secretary assumes
responsibility for the regulation of the salmon fishery
within state waters under section 306(b) of the
Magnuson-Stevens Act. [§660.402]
(2) Any fishing for such stocks. [§600.10]
Fishery management unit (FMU) means a fishery or
that portion of a fishery identified in an FMP relevant
to the FMP's management objectives. The choice of
an FMU depends on the focus of the FMP's
objectives, and may be organized around biological,
geographic, economic, technical, social, or ecological
perspectives. [§600.10]
Fishery management area means the EEZ off the
coasts of Washington, Oregon, and California,
bounded on the north by the Provisional International
Boundary between the United States and Canada, and
bounded on the south by the International Boundary
between the United States and Mexico. The
northeastern, northern, and northwestern boundaries
of the fishery management area are as follows:
Fishery resource means any fish, any stock of fish,
any species of fish, and any habitat of fish. [§600.10]
(1) Northeastern boundary–that part of a line
connecting the light on Tatoosh Island, WA, with the
light on Bonilla Point on Vancouver Island, British
Columbia, southerly of the International Boundary
between the United States and Canada (at
48°29´37˝N. lat., 124°43´33˝ W. long.), and northerly
of the point where that line intersects with the
boundary of the U.S. territorial sea.
Fishing, or to fish means any activity, other than
scientific research conducted by a scientific research
vessel, that involves:
(1) The catching, taking, or harvesting of fish;
(2) The attempted catching, taking, or harvesting of
fish;
(2) Northern and northwestern boundary is a line
connecting the following coordinates (The line
joining these coordinates is the provisional
international boundary of the U.S. EEZ as shown on
NOAA/NOS Charts #18480 and #18002.):
N. lat.
48°29´37.19˝
48°30´11˝
48°30´22˝
48°30´14˝
48°29´57˝
48°29´44˝
48°28´09˝
48°27´10˝
48°26´47˝
48°20´16˝
48°18´22˝
48°11´05˝
47°49´15˝
47°36´47˝
47°22´00˝
46°42´05˝
46°31´47˝
W. long.
117°27´49˝
117°49´31˝
118°36´18˝
121°51´58˝
(3) Any other activity which can reasonably be
expected to result in the catching, taking, or
harvesting of fish; or
(4) Any operations at sea in support of, or in
preparation for, any activity described in paragraphs
(1), (2), or (3) of this definition. [§600.10]
W. long.
124°43´33.19˝
124°47´13˝
124°50´21˝
124°52´52˝
124°59´14˝
125°00´06˝
125°05´47˝
125°08´25˝
125°09´12˝
125°22´48˝
125°29´58˝
125°53´48˝
126°40´57˝
127°11´58˝
127°41´23˝
128°51´56˝
129°07´39˝
Fishing vessel means any vessel, boat, ship, or other
craft that is used for, equipped to be used for, or of a
type that is normally used for:
(1) Fishing; or
(2) Aiding or assisting one or more vessels at sea in
the performance of any activity relating to fishing,
including, but not limited to, preparation, supply,
storage, refrigeration, transportation, or processing.
[§600.10]
Freezer trolling vessel means a fishing vessel,
equipped with troll fishing gear, that has a present
capability for:
(1) On board freezing of the catch.
(2) Storage of the fish in a frozen condition until
they are landed. [§660.402]
(3) The southern boundary of the fishery
management area is the U.S.–Mexico International
Boundary, which is a line connecting the following
coordinates:
Harass means to unreasonably interfere with an
individual's work performance, or to engage in
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
4
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
conduct that creates an intimidating, hostile, or
offensive environment. [§600.10]
definition. [§600.10]
Pacific Coast Salmon Plan (PCSP or Salmon FMP)
means the Fishery Management Plan, as amended,
for commercial and recreational ocean salmon
fisheries in the EEZ (3 to 200 nautical miles offshore)
off Washington, Oregon, and California. The
Salmon FMP was first developed by the Council and
approved by the Secretary in 1978. The Salmon
FMP was amended on October 31, 1984, to establish
a framework process to develop and implement
fishery management actions; the Salmon FMP has
been subsequently amended at irregular intervals.
Other names commonly used include: Pacific Coast
Salmon Fishery Management Plan, West Coast
Salmon Plan, West Coast Salmon Fishery
Management Plan. [§660.402]
Industry means both recreational and commercial
fishing, and includes the harvesting, processing, and
marketing sectors. [§600.10]
Land or landing means to begin transfer of fish from
a fishing vessel. Once transfer begins, all fish
onboard the vessel are counted as part of the landing.
[§660.402]
Magnuson-Stevens Act means the Magnuson-Stevens
Fishery Conservation and Management Act, as
amended (16 U.S.C. 1801 et seq.), formally known as
the Magnuson-Stevens Act. [§600.10]
Metric ton (mt) means 1,000 kg (2,204.6 lb).
[§600.10]
Plugs means artificial fishing lures made of wood or
hard plastic with one or more hooks attached. Lures
commonly known as “spoons,” “wobblers,”
“dodgers,” and flexible plastic lures are not
considered plugs, and may not be used where “plugs
only” are specified. [§660.402]
nm means nautical mile (6,076 ft (1,852 m)).
[§600.10]
Official number means the documentation number
issued by the USCG or the certificate number issued
by a state or by the USCG for an undocumented
vessel. [§600.10]
Recreational fishing means fishing with recreational
fishing gear as defined annually under §660.408 and
not for the purpose of sale or barter. [§660.402]
Operator, with respect to any vessel, means the
master or other individual aboard and in charge of
that vessel. [§600.10]
Optimum yield (OY) means the amount of fish that:
Recreational fishing gear will be defined annually
under §660.408. [§660.402]
(1) Will provide the greatest overall benefit to the
Nation, particularly with respect to food production
and recreational opportunities, and taking into
account the protection of marine ecosystems;
Region means one of the six NMFS Regional Offices
responsible for administering the management and
development of marine resources in the United States
in their respective geographical regions. [§600.10]
(2) Is prescribed as such on the basis of the
maximum sustainable yield from the fishery, as
reduced by any relevant economic, social, or
ecological factor; and
Regional Administrator means the Administrator of
one of the six NMFS Regions described in Table 1 to
§600.502, or a designee. [§600.10]
Retain on board means to fail to return fish to the sea
after a reasonable opportunity to sort the catch.
[§600.10]
(3) In the case of an overfished fishery, provides for
rebuilding to a level consistent with producing the
maximum sustainable yield in such fishery.
Salmon means any anadromous species of the family
Salmonidae and genus Oncorhynchus, commonly
known as Pacific salmon, including, but not limited
to:
Owner, with respect to any vessel, means:
(1) Any person who owns that vessel in whole or in
part;
Chinook (king) salmon, Oncorhynchus tshawytscha
Coho (silver) salmon, Oncorhynchus kisutch
Pink (humpback) salmon, Oncorhynchus gorbuscha
Chum (dog) salmon, Oncorhynchus keta
Sockeye (red) salmon, Oncorhynchus nerka
Steelhead (rainbow trout), Oncorhynchus mykiss
[§660.402]
(2) Any charterer of the vessel, whether bareboat,
time, or voyage;
(3) Any person who acts in the capacity of a
charterer, including, but not limited to, parties to a
management agreement, operating agreement, or any
similar agreement that bestows control over the
destination, function, or operation of the vessel; or
Science and Research Director (also referred to as
“Center Director”) means the Director of one of the
six NMFS Fisheries Science Centers described in
(4) Any agent designated as such by a person
described in paragraph (1), (2), or (3) of this
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
5
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Table 1 to §600.502, or a designee. [§600.10]
steelhead in the fishery management area by a person
authorized by the Makah Tribe to exercise fishing
rights under the Treaty with the Makah, or by the
Quileute, Hoh, or Quinault Tribes to exercise fishing
rights under the Treaty of Olympia. [§660.402]
Scientific research activity is, for the purposes of this
part, an activity in furtherance of a scientific fishery
investigation or study that would meet the definition
of fishing under the Magnuson-Stevens Act, but for
the exemption applicable to scientific research
activity conducted from a scientific research vessel.
Scientific research activity includes, but is not limited
to, sampling, collecting, observing, or surveying the
fish or fishery resources within the EEZ, at sea, on
board scientific research vessels, to increase scientific
knowledge of the fishery resources or their
environment, or to test a hypothesis as part of a
planned, directed investigation or study conducted
according to methodologies generally accepted as
appropriate for scientific research. At–sea scientific
fishery investigations address one or more issues
involving taxonomy, biology, physiology, behavior,
disease, aging, growth, mortality, migration,
recruitment, distribution, abundance, ecology, stock
structure, bycatch and catch estimation of fish species
considered to be a component of the fishery resources
within the EEZ. Scientific research activity does not
include the collection and retention of fish outside the
scope of the applicable research plan, or the testing of
fishing gear. Data collection designed to capture and
land quantities of fish for product development,
market research, and/or public display are not
scientific research activities. For foreign vessels, such
data collection activities are considered scientific
research if they are carried out in full cooperation
with the United States. [§600.10]
Troll fishing gear will be defined annually under
§660.408. [§660.402]
U.S. observer or observer means any person serving
in the capacity of an observer employed by NMFS,
either directly or under contract, or certified as a
supplementary observer by NMFS. [§600.10]
Vessel of the United States or U.S. vessel means:
(1) Any vessel documented under chapter 121 of title
46, United States Code;
(2) Any vessel numbered under chapter 123 of title
46, United States Code, and measuring less than 5 net
tons;
(3) Any vessel numbered under chapter 123 of title
46, United States Code, and used exclusively for
pleasure; or
(4) Any vessel not equipped with propulsion
machinery of any kind and used exclusively for
pleasure. [§600.10]
Whole bait means a hook or hooks baited with whole
natural bait with no device to attract fish other than a
flasher. [§660.402]
§600.15 Other acronyms.
Secretary means the Secretary of Commerce or a
designee. [§600.10]
(a) Fishery management terms.
(11) FMP - fishery management plan
(16) TAC - total allowable catch
State means each of the several states, the District of
Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the
Northern Mariana Islands, and any other
Commonwealth, territory, or possession of the United
States. [§600.10]
(b) Legislation.
(2) CZMA - Coastal Zone Management Act
(3) ESA - Endangered Species Act
(7) MMPA - Marine Mammal Protection Act
(9) NEPA - National Environmental Policy Act
(c) Federal agencies.
(2) DOC–Department of Commerce
(8) NMFS–National Marine Fisheries Service
(9) NOAA–National Oceanic and Atmospheric
Administration
(13) USCG–United States Coast Guard
Support means any operation by a vessel assisting
fishing by foreign or U.S. vessels, including
supplying water, fuel, provisions, fish processing
equipment, or other supplies to a fishing vessel.
[§600.10]
Total length (TL) of salmon means the shortest
distance between the tip of the snout or jaw
(whichever extends furthest while the mouth is
closed) and the tip of the longest lobe of the tail,
without resort to any force or mutilation of the
salmon other than fanning or swinging the tail.
[§660.402]
§660.2 Relation to other laws.
NMFS recognizes that any state law pertaining to
vessels registered under the laws of that state while
operating in the fisheries regulated under this part,
and that is consistent with this part and the FMPs
implemented by this part, shall continue in effect
with respect to fishing activities regulated under this
part.
Treaty Indian fishing means fishing for salmon and
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
6
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
§660.403 Relation to other laws.
when being laid or when out of order or broken.
(a) The relation of this part to other laws is set forth
in §600.705 of this chapter, §660.2, and paragraphs
(b) and (c) of this section.
(d) Marine mammals. Regulations governing
exemption permits and the recordkeeping and
reporting of the incidental take of marine mammals
are set forth in part 229 of this title.
(b) Any person fishing subject to this subpart who
also engages in fishing for groundfish should consult
Federal regulations in subpart C through G for
applicable requirements of that subpart, including the
requirement that vessels engaged in commercial
fishing for groundfish (except commercial passenger
vessels) have vessel identification in accordance with
§660.20.
(e) Halibut fishing. Fishing for halibut is governed
by regulations of the International Pacific Halibut
Commission set forth at part 300 of this title.
§660.3 Reporting and recordkeeping.
Any person who is required to do so by applicable
state law or regulation must make and/or file all
reports of management unit species landings
containing all data and in the exact manner required
by applicable state law or regulation.
(c) Any person fishing subject to this subpart is
bound by the international boundaries of the fishery
management area described in §660.402,
notwithstanding any dispute or negotiation between
the United States and any neighboring country
regarding their respective jurisdictions, until such
time as new boundaries are published by the United
States.
§660.404 Recordkeeping and reporting.
(a) This subpart recognizes that catch and effort data
necessary for implementation of any applicable
fishery management plan are collected by the States
and Indian tribes of Washington, Oregon, California,
and Idaho under existing data collection
requirements. Except as provided in paragraph (b) of
this section, no additional catch reports will be
required of fishermen or processors so long as the
data collection and reporting systems operated by
State agencies and Indian tribes continue to provide
NMFS with statistical information adequate for
management.
§600.705 Relation to other laws.
(a) General. Persons affected by these regulations
should be aware that other Federal and state statutes
and regulations may apply to their activities. Vessel
operators may wish to refer to USCG regulations
found in the Code of Federal Regulations title 33–
Navigation and Navigable Waters and 46–Shipping;
15 CFR part 904, subpart D–Permit Sanctions and
Denials; and title 43–Public Lands (in regard to
marine sanctuaries).
(b) Persons engaged in commercial fishing may be
required to submit catch reports that are specified
annually under §660.408.
(b) State responsibilities. Certain responsibilities
relating to data collection and enforcement may be
performed by authorized state personnel under a
state/Federal agreement for data collection and a
tripartite agreement among the state, the USCG, and
the Secretary for enforcement.
§660.405 Prohibitions.
(a) In addition to the general prohibitions specified
in §600.725 of this chapter, it is unlawful for any
person to do any of the following:
(1) Take and retain or land salmon caught with a net
in the fishery management area, except that a hand–
held net may be used to bring hooked salmon on
board a vessel.
(c) Submarine cables. Fishing vessel operators must
exercise due care in the conduct of fishing activities
near submarine cables. Damage to the submarine
cables resulting from intentional acts or from the
failure to exercise due care in the conduct of fishing
operations subjects the fishing vessel operator to the
criminal penalties prescribed by the Submarine Cable
Act (47 U.S.C. 21) which implements the
International Convention for the Protection of
Submarine Cables. Fishing vessel operators also
should be aware that the Submarine Cable Act
prohibits fishing operations at a distance of less than
1 nautical mile (1.85 km) from a vessel engaged in
laying or repairing a submarine cable; or at a distance
of less than 0.25 nautical mile (0.46 km) from a buoy
or buoys intended to mark the position of a cable
(2) Fish for, or take and retain, any species of
salmon:
(i) During closed seasons or in closed areas;
(ii) While possessing on board any species not
allowed to be taken in the area at the time;
(iii) Once any catch limit is attained;
(iv) By means of gear or methods other than
recreational fishing gear or troll fishing gear, or gear
authorized under §660.408(k) for treaty Indian
fishing;
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
7
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
(v) In violation of any action issued under this
subpart; or
300 of this title. Pacific halibut that cannot be
retained lawfully must be returned to the water
immediately and with the least possible injury.
(vi) In violation of any applicable area, season,
species, zone, gear, daily bag limit, or length
restriction.
(13) Violate any other provision of this subpart.
(b) The fishery management area is closed to salmon
fishing except as opened by this subpart or
superseding regulations or notices. All open fishing
periods begin at 0001 hours and end at 2400 hours
local time on the dates specified, except that a fishing
period may be ended prior to 2400 hours local time
through an inseason action taken under §660.409 in
order to meet fishery management objectives.
(3) Fish for salmon in an area when salmon of less
than the legal minimum length for that area are on
board the fishing vessel, except that this provision
does not prohibit transit of an area when salmon of
less than the legal minimum length for that area are
on board, so long as no fishing is being conducted.
(4) Remove the head of any salmon caught in the
fishery management area, or possess a salmon with
the head removed, if that salmon has been marked by
removal of the adipose fin to indicate that a coded
wire tag has been implanted in the head of the fish.
(c) Under the Pacific Coast groundfish regulations at
§660.330, fishing with salmon troll gear is prohibited
within the Salmon Troll Yelloweye Rockfish
Conservation Area (YRCA). It is unlawful for
commercial salmon troll vessels to take and retain,
possess, or land fish taken with salmon troll gear
within the Salmon Troll YRCA. Vessels may transit
through the Salmon Troll YRCA with or without fish
on board.The Salmon Troll YRCA is an area off the
northern Washington coast. The Salmon Troll
YRCA is intended to protect yelloweye rockfish.
The Salmon Troll YRCA is defined by straight lines
connecting specific latitude and longitude coordinates
under the Pacific Coast Groundfish regulations at
§660.70.
(5) Take and retain or possess on board a fishing
vessel any species of salmon that is less than the
applicable minimum total length, including the
applicable minimum length for dressed, head–off
salmon.
(6) Possess on board a fishing vessel a salmon, for
which a minimum total length is extended or cannot
be determined, except that dressed, head–off salmon
may be possessed on board a freezer trolling vessel,
unless the adipose fin of such salmon has been
removed.
§600.725 General prohibitions.
(7) Fail to return to the water immediately and with
the least possible injury any salmon the retention of
which is prohibited by this subpart.
It is unlawful for any person to do any of the
following:
(8) Engage in recreational fishing while aboard a
vessel engaged in commercial fishing. This
restriction is not intended to prohibit the use of
fishing gear otherwise permitted under the definitions
of troll and recreational fishing gear, so long as that
gear is legal in the fishery for which it is being used.
(a) Possess, have custody or control of, ship,
transport, offer for sale, sell, purchase, land, import,
or export, any fish or parts thereof taken or retained
in violation of the Magnuson-Stevens Act or any
other statute administered by NOAA and/or any
regulation or permit issued under the MagnusonStevens Act.
(9) Take and retain, possess, or land any steelhead
taken in the course of commercial fishing in the
fishery management area, unless such take and
retention qualifies as treaty Indian fishing.
(b) Transfer or attempt to transfer, directly or
indirectly, any U.S.–harvested fish to any foreign
fishing vessel, while such vessel is in the EEZ, unless
the foreign fishing vessel has been issued a permit
under section 204 of the Magnuson-Stevens Act,
which authorizes the receipt by such vessel of U.S.–
harvested fish.
(10) Sell, barter, offer to sell, offer to barter, or
purchase any salmon taken in the course of
recreational salmon fishing.
(c) Fail to comply immediately with enforcement
and boarding procedures specified in §600.730.
(11) Refuse to submit fishing gear or catch subject to
such person’s control to inspection by an authorized
officer, or to interfere with or prevent, by any means,
such an inspection.
(d) Refuse to allow an authorized officer to board a
fishing vessel or to enter areas of custody for
purposes of conducting any search, inspection, or
seizure in connection with the enforcement of the
Magnuson-Stevens Act or any other statute
(12) Take and retain Pacific halibut (Hippoglossus
stenolepis) except in accordance with regulations of
the International Pacific Halibut Commission at part
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
8
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
administered by NOAA.
(q) Fail to display a Commercial Fishing Vessel
Safety Examination decal or a valid certificate of
compliance or inspection pursuant to §600.746.
(e) Dispose of fish or parts thereof or other matter in
any manner, after any communication or signal from
an authorized officer, or after the approach by an
authorized officer or an enforcement vessel or
aircraft.
(r) Fail to provide to an observer, a NMFS
employee, or a designated observer provider
information that has been requested pursuant to
§600.746, or fail to allow an observer, a NMFS
employee, or a designated observer provider to
inspect any item described at §600.746.
(f) Assault, resist, oppose, impede, intimidate,
threaten, or interfere with any authorized officer in
the conduct of any search, inspection, or seizure in
connection with enforcement of the MagnusonStevens Act or any other statute administered by
NOAA.
(s) Fish without an observer when the vessel is
required to carry an observer.
(t) Assault, oppose, impede, intimidate, or interfere
with a NMFS-approved observer.
(g) Interfere with, delay, or prevent by any means,
the applicable), and catch for purposes of enforcing
the Magnuson-Stevens Act or any other statute
administered by NOAA and this chapter.
(u) (1) Prohibit or bar by command, impediment,
threat, coercion, interference, or refusal of reasonable
assistance, an observer from conducting his or her
duties as an observer; or
(h) Resist a lawful arrest for any act prohibited under
the Magnuson-Stevens Act or any other statute
administered by NOAA.
(2) Tamper with or destroy samples or equipment.
§600.730 Facilitation of enforcement.
(i) Make any false statement, oral or written, to an
authorized officer concerning the taking, catching,
harvesting, landing, purchase, sale, offer of sale,
possession, transport, import, export, or transfer of
any fish, or attempts to do any of the above.
(a) General. The operator of, or any other person
aboard, any fishing vessel subject to parts 622
through 699 of this chapter must immediately comply
with instructions and signals issued by an authorized
officer to stop the vessel and with instructions to
facilitate safe boarding and inspection of the vessel,
its gear, equipment, fishing record (where
applicable), and catch for purposes of enforcing the
Magnuson-Stevens Act or any other statute
administered by NOAA and this chapter.
(j) Interfere with, obstruct, delay, or prevent by any
means an investigation, search, seizure, or disposition
of seized property in connection with enforcement of
the Magnuson-Stevens Act or any other statute
administered by NOAA.
(k) Fish in violation of the terms or conditions of any
permit or authorization issued under the MagnusonStevens Act or any other statute administered by
NOAA.
(1) For the purposes of this section “freeboard”
means the working distance between the top rail of
the gunwale of a vessel and the water's surface.
Where cut-outs are provided in the bulwarks for the
purpose of boarding personnel, freeboard means the
distance between the threshold of the bulwark cut-out
and the water's surface.
(l) Fail to report catches as required while fishing
pursuant to an exempted fishing permit.
(m) On a scientific research vessel, engage in fishing
other than recreational fishing authorized by
applicable state or Federal regulations.
(2) For the purposes of this section, “pilot ladder”
means a flexible ladder constructed and approved to
meet the U.S. Coast Guard standards for pilot ladders
at 46 CFR subpart 163.003 entitled Pilot Ladder.
(n) Trade, barter, or sell; or attempt to trade, barter,
or sell fish possessed or retained while fishing
pursuant to an authorization for an exempted
educational activity.
(b) Communications.
(1) Upon being approached by a USCG vessel or
aircraft, or other vessel or aircraft with an authorized
officer aboard, the operator of a fishing vessel must
be alert for communications conveying enforcement
instructions.
(o) Harass or sexually harass an authorized officer or
an observer.
(p) Fail to show proof of passing the USCG
Commercial Fishing Vessel Safety Examination or
the alternate NMFS safety equipment examination, or
fail to maintain the vessel safety conditions necessary
to pass the examination, when required by NMFS
pursuant to §600.746.
(2) VHF–FM radiotelephone is the preferred method
for communicating between vessels. If the size of the
vessel and the wind, sea, and visibility conditions
allow, a loudhailer may be used instead of the radio.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
9
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Hand signals, placards, high frequency
radiotelephone, or voice may be employed by an
authorized officer, and message blocks may be
dropped from an aircraft.
sending the signal “L” and the necessity for the
vessel to stop instantly. (Period (.) means a short
flash of light; dash (–) means a long flash of light.)
(1) “AA” repeated (.– . –) is the call to an unknown
station. The operator of the signaled vessel should
respond by identifying the vessel by radiotelephone
or by illuminating the vessel’s identification.
(3) If other communications are not practicable,
visual signals may be transmitted by flashing light
directed at the vessel signaled. USCG units will
normally use the flashing light signal “L” as the
signal to stop. In the International Code of Signals,
“L” (.–..) means “you should stop your vessel
instantly.” ( Period (.) means a short flash of light;
dash (–) means a long flash of light.)
(2) “RY–CY” (. – . – . ––– . – . – . -––) means “you
should proceed at slow speed, a boat is coming to
you.” This signal is normally employed when
conditions allow an enforcement boarding without
the necessity of the vessel being boarded coming to a
complete stop, or, in some cases, without retrieval of
fishing gear which may be in the water.
(4) Failure of a vessel’s operator promptly to stop
the vessel when directed to do so by an authorized
officer using loudhailer, radiotelephone, flashing
light signal, or other means constitutes prima facie
evidence of the offense of refusal to permit an
authorized officer to board.
(3) “SQ3” (... –– . – . . . ––) means “you should stop
or heave to; I am going to board you.”
§600.735 Penalties.
(5) The operator of a vessel who does not understand
a signal from an enforcement unit and who is unable
to obtain clarification by loudhailer or radiotelephone
must consider the signal to be a command to stop the
vessel instantly.
Any person committing, or fishing vessel used in the
commission of a violation of the Magnuson-Stevens
Act or any other statute administered by NOAA
and/or any regulation issued under the MagnusonStevens Act, is subject to the civil and criminal
penalty provisions and civil forfeiture provisions of
the Magnuson-Stevens Act, to this section, to 15 CFR
part 904 (Civil Procedures), and to other applicable
law.
(c) Boarding. The operator of a vessel directed to
stop must:
(1) Guard Channel 16, VHF–FM, if so equipped.
(2) Stop immediately and lay to or maneuver in such
a way as to allow the authorized officer and his/her
party to come aboard.
§600.740 Enforcement policy.
(a) The Magnuson-Stevens Act provides four basic
enforcement remedies for violations, in ascending
order of severity, as follows:
(3) Except for fishing vessels with a freeboard of 4
feet (1.25 m) or less, provide, when requested by an
authorized officer or observer personnel, a pilot
ladder capable of being used for the purpose of
enabling personnel to embark and disembark the
vessel safely. The pilot ladder must be maintained in
good condition and kept clean.
(1) Issuance of a citation (a type of warning), usually
at the scene of the offense (see 15 CFR part 904,
subpart E).
(2) Assessment by the Administrator of a civil
money penalty.
(4) When necessary to facilitate the boarding or
when requested by an authorized officer or observer,
provide a manrope or safety line, and illumination for
the pilot ladder.
(3) For certain violations, judicial forfeiture action
against the vessel and its catch.
(4) Criminal prosecution of the owner or operator for
some offenses. It shall be the policy of NMFS to
enforce vigorously and equitably the provisions of
the Magnuson-Stevens Act by utilizing that form or
combination of authorized remedies best suited in a
particular case to this end.
(5) Take such other actions as necessary to facilitate
boarding and to ensure the safety of the authorized
officer and the boarding party.
(d) Signals. The following signals, extracted from
the International Code of Signals, may be sent by
flashing light by an enforcement unit when
conditions do not allow communications by
loudhailer or radiotelephone. Knowledge of these
signals by vessel operators is not required. However,
knowledge of these signals and appropriate action by
a vessel operator may preclude the necessity of
(b) Processing a case under one remedial form
usually means that other remedies are inappropriate
in that case. However, further investigation or later
review may indicate the case to be either more or less
serious than initially considered, or may otherwise
reveal that the penalty first pursued is inadequate to
serve the purposes of the Magnuson-Stevens Act.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
10
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Under such circumstances, the Agency may pursue
other remedies either in lieu of or in addition to the
action originally taken. Forfeiture of the illegal catch
does not fall within this general rule and is
considered in most cases as only the initial step in
remedying a violation by removing the ill–gotten
gains of the offense.
contact NMFS West Coast Region for information.]
§660.407 Treaty Indian fishing
Except as otherwise provided in this subpart, treaty
Indian fishing in any part of the fishery management
area is subject to the provisions of this subpart, the
Magnuson-Stevens Act, and any other regulations
issued under the Magnuson-Stevens Act.
(c) If a fishing vessel for which a permit has been
issued under the Magnuson-Stevens Act is used in
the commission of an offense prohibited by section
307 of the Magnuson-Stevens Act, NOAA may
impose permit sanctions, whether or not civil or
criminal action has been undertaken against the
vessel or its owner or operator. In some cases, the
Magnuson-Stevens Act requires permit sanctions
following the assessment of a civil penalty or the
imposition of a criminal fine. In sum, the MagnusonStevens Act treats sanctions against the fishing vessel
permit to be the carrying out of a purpose separate
from that accomplished by civil and criminal
penalties against the vessel or its owner or operator.
§660.408 Annual actions.
(a) General. NMFS will annually establish
specifications and management measures or, as
necessary, adjust specifications and management
measures for the commercial, recreational, and treaty
Indian fisheries by publishing the action in
the Federal Register under §660.411. Management
of the Pacific Coast salmon fishery will be conducted
consistent with the standards and procedures in the
Salmon FMP. The Salmon FMP is available from
the Regional Administrator or the Council.
Specifications and management measures are
described in paragraphs (b) through (o) of this
section.
§660.406 Exempted fishing.
(a) NMFS may allow such exempted fishing in the
fishery management area as may be recommended by
the Council, the Federal Government, state
government, or treaty Indian tribes having usual and
accustomed fishing grounds in the fishery
management area.
(b) Annual catch limits. Annual Specifications will
include annual catch limits (ACLs) determined
consistent with the standards and procedures in the
Salmon FMP.
(c) Allowable ocean harvest levels. Allowable ocean
harvest levels must ensure that conservation
objectives and ACLs are met, as described in
§660.410, except that where the de minimis fishing
control rules described in §660.410(c) apply,
conservation objectives may not be met, provided
ACLs are met. The allowable ocean harvest for
commercial, recreational, and treaty Indian fishing
may be expressed in terms of season regulations
expected to achieve a certain optimum harvest level
or in terms of a particular number of fish. Procedures
for determining allowable ocean harvest vary by
species and fishery complexity, and are documented
in the fishery management plan and Council
documents.
(b) NMFS will not allow any exempted fishery
recommended by the Council unless NMFS
determines that the purpose, design, and
administration of the exempted fishery are consistent
with the goals and objectives of the Council’s fishery
management plan, the national standards (section
301(a) of the Magnuson-Stevens Act), and other
applicable law.
(c) Each vessel participating in any exempted fishery
recommended by the Council and allowed by NMFS
is subject to all provisions of this subpart, except
those portions which relate to the purpose and nature
of the exempted fishery. These exceptions will be
specified in a permit issued by the Regional
Administrator to each vessel participating in the
exempted fishery and that permit must be carried
aboard each participating vessel.
(d) Allocation of ocean harvest levels —(1) Coho and
Chinook from the U.S.-Canada border to Cape
Falcon —(i) Overall allocation schedule. Initial
allocation of coho and Chinook salmon north of Cape
Falcon, OR, will be based on the following schedule:
§600.745 Scientific research activity, exempted
fishing, and exempted educational activity
(a) Scientific research activity.[Not reproduced in
this document. See e-CFR (ecfr.gpoaccess.gov) or
contact NMFS West Coast Region for information.]
(b) Exempted fishing.–[Not reproduced in this
document. See e-CFR (ecfr.gpoaccess.gov) or
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
11
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Allowable nonPercentage1
treaty ocean
harvest (thousands Commercial Recreational
of fish)
Coho:
0–300
25
75
>300
60
40
Chinook:
0–100
50
50
>100–150
60
40
>150
70
30
1
The percentage allocation is tiered and must be
calculated in additive steps when the harvest level
exceeds the initial tier. For example, for a total
allowable ocean harvest of 150,000 Chinook, the
recreational allocation would be equal to 50
percent of 100,000 Chinook plus 40 percent of
50,000 Chinook or 50,000 + 20,000 = 70,000
Chinook.
during the preseason allocation process may be
varied by major subareas (i.e., north of Leadbetter
Point and south of Leadbetter Point) if there is need
to do so to decrease impacts on weak stocks.
Deviations in each major subarea will generally not
exceed 50 percent of the allowable ocean harvest of
each species that would have been established
without a geographic deviation in the distribution of
the allowable ocean harvest. Deviation of more than
50 percent will be based on a conservation need to
protect the weak stocks and will provide larger
overall harvest for the entire fishery north of Cape
Falcon than would have been possible without the
deviation.
(v) Recreational allocation. The recreational
allowable ocean harvest of Chinook and coho derived
during the preseason allocation process will be
distributed among the four major recreational
subareas as described in the coho and Chinook
distribution sections below. The Council may
deviate from subarea quotas to meet recreational
season objectives, based on agreement of
representatives of the affected ports and/or in
accordance with section 6.5.3.2 of the Pacific Coast
Salmon Plan, regarding certain selective fisheries.
Additionally, based upon the recommendation of the
recreational Salmon Advisory Subpanel
representatives for the area north of Cape Falcon, the
Council will include criteria in its preseason salmon
management recommendations to guide any inseason
transfer of coho among the recreational subareas to
meet recreational season duration objectives.
(ii) Deviations from allocation schedule. The initial
allocation may be modified annually in accordance
with paragraphs (d)(1)(iii) through (viii) of this
section. These deviations from the allocation
schedule provide flexibility to account for the
dynamic nature of the fisheries and better achieve the
allocation objectives and fishery allocation priorities
in paragraphs (d)(1)(ix) and (x) of this section. Total
allowable ocean harvest will be maximized to the
extent possible consistent with treaty obligations,
state fishery needs, conservation objectives, and
ACLs. Every effort will be made to establish seasons
and gear requirements that provide troll and
recreational fleets a reasonable opportunity to catch
the available harvest. These may include singlespecies directed fisheries with landing restrictions for
other species.
(A) Coho distribution. The preseason recreational
allowable ocean harvest of coho north of Cape
Falcon will be distributed to provide 50 percent to the
area north of Leadbetter Point and 50 percent to the
area south of Leadbetter Point. In years with no
fishery in Washington State management area 4B, the
distribution of coho north of Leadbetter Point will be
divided to provide 74 percent to the subarea between
Leadbetter Point and the Queets River (Westport),
5.2 percent to the subarea between Queets River and
Cape Flattery (La Push), and 20.8 percent to the area
north of the Queets River (Neah Bay). In years when
there is an Area 4B (Neah Bay) fishery under state
management, 25 percent of the numerical value of
that fishery shall be added to the recreational
allowable ocean harvest north of Leadbetter Point
prior to applying the sharing percentages for
Westport and La Push. The increase to Westport and
La Push will be subtracted from the Neah Bay ocean
share to maintain the same total harvest allocation
north of Leadbetter Point. Each of the four
recreational port area allocations will be rounded, to
the nearest hundred fish, with the largest quotas
(iii) Preseason trades. Preseason species trades
(Chinook and coho) may be made if they are based
upon the recommendation of the commercial and
recreational Salmon Advisory Subpanel
representatives for the area north of Cape Falcon;
simultaneously benefit both the commercial and
recreational fisheries or benefit one fishery without
harming the other; and are supported by a socio–
economic analysis that compares the impacts of the
recommendation to those of the standard allocation
schedule to determine the allocation that best meets
the allocation objectives. This analysis will be made
available to the public during the preseason process
for establishing annual management measures.
Preseason trades will use an exchange ratio of four
coho to one Chinook as a desirable guideline.
(iv) Commercial allocation. The commercial
allowable ocean harvest of Chinook and coho derived
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
12
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
rounded downward, if necessary, to sum to the
preseason recreational allowable ocean harvest of
coho north of Cape Falcon.
from 0 to 3, 0 to 6, 3 to 200, or 5 to 200 nm from
shore; closure from a point extending due west from
Tatoosh Island for 5 nm, then south to a point due
west of Umatilla Reef Buoy, then due east to shore;
closure from North Head at the Columbia River
mouth north to Leadbetter Point; change in species
that may be landed; or other actions as prescribed in
the annual management measures.
(B) Chinook distribution. Subarea distributions of
Chinook will be managed as guidelines based on
calculations of the Salmon Technical Team with the
primary objective of achieving all–species fisheries
without imposing Chinook restrictions (i.e., area
closures or bag limit reductions). Chinook in excess
of all–species fisheries needs may be utilized by
directed Chinook fisheries north of Cape Falcon or
by negotiating a preseason species trade of Chinook
and coho between commercial and recreational
allocations in accordance with paragraph (d)(1)(iii) of
this section.
(viii) Selective fisheries. Deviations from the initial
gear and port area allocations may be allowed to
implement selective fisheries for marked salmon
stocks as long as the deviations are within the
constraints and process specified in section 6.5.3.2 of
the Pacific Coast Salmon Plan.
(ix) Allocation objectives. The goal of allocating
ocean harvest north of Cape Falcon is to achieve, to
the greatest degree possible, the following objectives
for the commercial and recreational fisheries. When
deviation from the allocation schedule is being
considered, these objectives will serve as criteria to
help determine whether a user group will benefit
from the deviation.
(vi) Inseason trades and transfers. Inseason
transfers, including species trades of Chinook and
coho, may be permitted in either direction between
commercial and recreational fishery quotas to allow
for uncatchable fish in one fishery to be reallocated to
the other. Fish will be deemed uncatchable by a
respective commercial or recreational fishery only
after considering all possible annual management
actions to allow for their harvest that are consistent
with the harvest management objectives specific in
the fishery management plan including consideration
of single species fisheries. Implementation of
inseason transfers will require consultation with the
pertinent commercial and recreational Salmon
Advisory Subpanel representatives from the area
involved and the Salmon Technical Team, and a clear
establishment of available fish and impacts from the
transfer. Inseason trades or transfers may vary from
the guideline ratio of four coho to one Chinook to
meet the allocation objectives in paragraph (d)(1)(ix)
of this section.
(A) Provide recreational opportunity by maximizing
the duration of the fishing season while minimizing
daily and area closures and restrictions on gear and
daily limits.
(B) Maximize the value of the commercial harvest
while providing fisheries of reasonable duration.
(x) Fishery allocation priorities. The following
fishery allocation priorities will provide guidance in
the preseason process of establishing final harvest
allocations and structuring seasons that best achieve
the allocation objectives. To the extent fish are
provided to each fishery by the allocation schedule,
these priorities do not favor one user group over the
other and should be met simultaneously for each
fishery. Seasons may be structured that deviate from
these priorities consistent with the allocation
objectives.
(vii) Other inseason provisions. Any increase or
decrease in the recreational or commercial allowable
ocean harvest resulting from an inseason
restructuring of a fishery or other inseason
management action does not require reallocation of
the overall non–treaty allowable ocean harvest north
of Cape Falcon between the recreational and
commercial fisheries. Inseason redistribution of
subarea quotas within the recreational fishery or the
distribution of allowable coho catch transfers from
the commercial fishery among subareas may deviate
from the preseason distribution. Inseason
management actions may be taken by the Regional
Administrator to assure meeting the primary
objective of achieving all–species fisheries without
imposing Chinook restrictions in each of the
recreational subareas north of Cape Falcon. Such
actions might include, but are not limited to: Closure
(A) At total allowable harvest levels up to 300,000
coho and 100,000 Chinook: For the recreational
fishery, provide coho for a late June through early
September all–species season; provide Chinook to
allow access to coho and, if possible, a minimal
Chinook–only fishery prior to the all–species season;
and adjust days per week and/or institute area
restrictions to stabilize season duration. For the
commercial fishery, provide Chinook for a May and
early June Chinook season and provide coho for
hooking mortality and/or access to a pink fishery, and
ensure that part of the Chinook season will occur
after June 1.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
13
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
(B) At total allowable harvest levels above 300,000
coho and above 100,000 Chinook: For the
recreational fishery, relax any restrictions in the all–
species fishery and/or extend the all–species season
beyond Labor Day as coho quota allows; provide
Chinook for a Memorial Day through late June
Chinook–only fishery; and adjust days per week to
ensure continuity with the all–species season. For the
commercial fishery, provide coho for an all–species
season in late summer and/or access to a pink fishery;
and leave adequate Chinook from the May through
June season to allow access to coho.
(A) Up to 350,000 allowable ocean harvest: The
first 150,000 fish will be allocated to the recreational
fishery. Additional fish will be allocated 66.7
percent to troll and 33.3 percent to recreational. The
incidental coho mortality for a commercial all–
salmon–except–coho fishery will be deducted from
the troll allocation. If the troll allocation is
insufficient for this purpose, the remaining number of
coho needed for this estimated incidental coho
mortality will be deducted from the recreational
share.
(B) From 350,000 to 800,000 allowable ocean
harvest: The recreational allocation is equal to 14
percent of the allowable harvest above 350,000 fish,
plus 217,000 fish. The remainder of the allowable
ocean harvest will be allocated to the troll fishery.
(2) Coho south of Cape Falcon
(i) Allocation schedule. Preseason allocation shares
of coho salmon south of Cape Falcon, OR, will be
determined by an allocation schedule, which is based
on the following formula. The formula will be used
to interpolate between allowable harvest levels as
shown in the table below.
(C) Above 800,000 allowable ocean harvest: The
recreational allocation is equal to 10 percent of the
allowable harvest above 800,000 fish, plus 280,000
fish. The remainder of the allowable ocean harvest
will be allocated to the troll fishery.
Allowable
Commercial
Recreational
ocean
Number Percentage Number Percentage
harvest
(thousands)
(thousands (thousands)
of fish)
2,700
2,230
82.6
470
17.4
2,600
2,140
82.3
460
17.7
2,500
2,050
82.0
450
18.0
2,400
1,960
81.7
440
18.3
2,300
1,870
81.3
430
18.7
2,200
1,780
80.9
420
19.1
2,100
1,690
80.5
410
19.5
2,000
1,600
80.0
400
20.0
1,900
1,510
79.5
390
20.5
1,800
1,420
78.9
380
21.1
1,700
1,330
78.2
370
21.8
1,600
1,240
77.5
360
22.5
1,500
1,150
76.7
350
23.3
1,400
1,060
75.7
340
24.3
1,300
970
74.6
330
25.4
1,200
880
73.3
320
26.7
1,100
790
71.8
310
28.2
1,000
700
70.0
300
30.0
900
610
67.8
290
32.2
800
520
65.0
280
35.0
700
434
62.0
266
38.0
600
348
58.0
252
42.0
500
262
52.4
238
47.6
400
176
44.0
224
56.0
350
133
38.0
217
62.0
300
100
33.3
200
66.7
133
116.5
1167
183.5
200
100
(1)
(1)
(1)
(1)
(ii) Geographic distribution. Allowable harvest
south of Cape Falcon may be divided and portions
assigned to subareas based on considerations
including, but not limited to, controlling ocean
harvest impacts on depressed, viable natural stocks
within acceptable maximum allowable levels; stock
abundance; allocation considerations; stock specific
impacts; relative abundance of the salmon species in
the fishery; escapement goals; and maximizing
harvest potential.
(iii) Recreational allocation at 167,000 fish or less.
When the recreational allocation is at 167,000 fish or
less, the total recreational allowable ocean harvest of
coho will be divided between two major subareas
with independent impact quotas. The initial
allocation will be 70 percent from Cape Falcon to
Humbug Mountain and 30 percent south of Humbug
Mountain. Coho transfers between the two impact
quotas may be permitted on a one–for–one basis, if
Chinook constraints preclude access to coho. Horse
Mountain to Point Arena will be managed for an
impact guideline of 3 percent of the south of Cape
Falcon recreational allocation. The recreational coho
fishery between Humbug Mountain and Point Arena
may be closed when it is projected that the harvest
impact between Humbug Mountain and Point Arena,
combined with the projected harvest impact that will
be taken south of Point Arena to the end of the
season, equals the impact quota for south of Humbug
Mountain. The recreational fishery for coho salmon
south of Point Arena will not close upon attainment
of the south of Humbug Mountain impact quota.
1
An incidental coho allowance associated with any commercial
all–salmon–except–coho fishery will be deducted from the
recreational share of coho during periods of low coho abundance
when the commercial allocation of coho under the schedule would
be insufficient to allow for incidental hooking mortality of coho in
the commercial all–salmon–except–coho fishery.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
14
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
(iv) Oregon coastal natural coho. The allocation
provisions in (d)(2) of this section provide guidance
only when coho abundance permits a directed coho
harvest, not when the allowable harvest impacts are
insufficient to allow coho retention south of Cape
Falcon. At such low levels, allowable harvest
impacts will be allocated during the Council’s
preseason process.
be set to maximize the length of the fishing season
consistent with the allowable level of harvest in the
area.
(h) Fishing gear restrictions. Gear restrictions for
commercial, recreational, and treaty Indian fishing
may be established or modified upon demonstration
that a useful purpose will be served. For example,
gear restrictions may be imposed or modified to
facilitate enforcement, reduce hooking mortality, or
reduce gear expenses for fishermen.
(v) Inseason reallocation. No later than August 15
each year, the Salmon Technical Team will estimate
the number of coho salmon needed to complete the
recreational seasons. Any coho salmon allocated to
the recreational fishery that are not needed to
complete the recreational seasons will be reallocated
to the commercial fishery. Once reallocation has
taken place, the remaining recreational quota will
change to a harvest guideline. If the harvest
guideline for the recreational fishery is projected to
be reached on or before Labor Day, the Regional
Administrator may allow the recreational fishery to
continue through the Labor Day weekend only if
there is no significant danger of impacting the
allocation of another fishery or of failing to meet an
escapement goal.
(i) Seasons –(1) In general. Seasons for commercial
and recreational fishing will be established or
modified taking into account allowable ocean harvest
levels and quotas, allocations between the
commercial and recreational fisheries, and the
estimated amount of effort required to catch the
available fish based on past seasons.
(2) Commercial seasons. Commercial seasons will
be established or modified taking into account
wastage of fish that cannot legally be retained, size
and poundage of fish caught, effort shifts between
fishing areas, and protection of depressed stocks
present in the fishing areas. All–species seasons will
be established to allow the maximum allowable
harvest of pink salmon, when and where available,
without exceeding allowable Chinook or coho
harvest levels and within conservation and allocation
constraints of the pink stocks.
(e) Management boundaries and zones.
Management boundaries and zones will be
established or adjusted to achieve a conservation
purpose or management objective. A conservation
purpose or management objective protects a fish
stock, simplifies management of a fishery, or
promotes wise use of fishery resources by, for
example, separating fish stocks, facilitating
enforcement, separating conflicting fishing activities,
or facilitating harvest opportunities. Management
boundaries and zones will be described by
geographical references, coordinates (latitude and
longitude), depth contours, distance from shore, or
similar criteria.
(3) Recreational seasons. If feasible, recreational
seasons will be established or modified to encompass
Memorial Day and Labor Day weekends, and to
avoid the need for inseason closures.
(j) Quotas (by species, including fish caught 0–3 nm
seaward of Washington, Oregon, and California).
Quotas for commercial, recreational, and treaty
Indian fishing may be established or modified to
ensure that allowable ocean harvests are not
exceeded. Quotas may be fixed or adjustable and
used in conjunction with seasons. Any quota
established does not represent a guaranteed ocean
harvest, but a maximum ceiling on catch.
(f) Minimum harvest lengths. The minimum harvest
lengths for commercial, recreational, and treaty
Indian fishing may be changed upon demonstration
that a useful purpose will be served. For example, an
increase in minimum size for commercially caught
salmon may be necessary for conservation or may
provide a greater poundage and monetary yield from
the fishery while not substantially increasing hooking
mortality. The removal of a minimum size for the
recreational fishery may prevent wastage of fish and
outweigh the detrimental impacts of harvesting
immature fish.
(k) Selective fisheries. —(1) In general. In addition
to the all-species seasons and the all-species-exceptcoho seasons established for the commercial and
recreational fisheries, species selective fisheries and
mark selective fisheries may be established.
(2) Species selective fisheries. Selective coho-only,
Chinook-only, pink-only, all salmon except Chinook,
and all salmon except coho fisheries may be
established if harvestable fish of the target species are
available; harvest of incidental species will not
exceed allowable levels; proven, documented
(g) Recreational daily bag limits. Recreational daily
bag limits for each fishing area will specify number
and species of salmon that may be retained. The
recreational daily bag limits for each fishing area will
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
15
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
and USCG broadcasts will provide actual notice of
inseason actions for commercial, recreational, and
treaty Indian fishing.
selective gear exists; significant wastage of incidental
species will not occur; and the selective fishery will
occur in an acceptable time and area where wastage
can be minimized and target stocks are primarily
available.
(o) Reporting requirements. Reporting requirements
for commercial fishing may be imposed to ensure
timely and accurate assessment of catches in
regulatory areas subject to quota management. Such
reports are subject to the limitations described herein.
Persons engaged in commercial fishing in a
regulatory area subject to quota management and
landing their catch in another regulatory area open to
fishing may be required to transmit a brief report
prior to leaving the first regulatory area. The
regulatory areas subject to these reporting
requirements, the contents of the reports, and the
entities receiving the reports will be specified
annually.
(3) Mark selective fisheries. Fisheries that select for
salmon marked with a healed adipose fin clip may be
established in the annual management measures as
long as they are consistent with guidelines in section
6.5.3.1 of the Pacific Coast Salmon Plan.
(l) Treaty Indian fishing.
(1) NMFS will establish or modify treaty Indian
fishing seasons and/or fixed or adjustable quotas, size
limits, gear restrictions, and/or area restrictions
taking into account recommendations of the Council,
proposals from affected tribes, and relevant Federal
court proceedings.
§660.409 Inseason actions.
(2) The combined treaty Indian fishing seasons will
not be longer than necessary to harvest the allowable
treaty Indian catch, which is the total treaty harvest
that would occur if the tribes chose to take their total
entitlement of the weakest stock in the fishery
management area, assuming this level of harvest did
not create conservation or allocation problems on
other stocks.
(a) Fixed inseason management provisions. NMFS
is authorized to take the following inseason
management actions annually, as appropriate.
(1) Automatic season closures based on quotas.
When a quota for the commercial or the recreational
fishery, or both, for any salmon species in any
portion of the fishery management area is projected
by the Regional Administrator to be reached on or by
a certain date, NMFS will, by an inseason action
issued under §660.411, close the commercial or
recreational fishery, or both, for all salmon species in
the portion of the fishery management area to which
the quota applies as of the date the quota is projected
to be reached.
(3) Any fixed or adjustable quotas established will
be consistent with established treaty rights and will
not exceed the harvest that would occur if the entire
treaty entitlement to the weakest run were taken by
treaty Indian fisheries in the fishery management
area.
(4) If adjustable quotas are established for treaty
Indian fishing, they may be subject to inseason
adjustment because of unanticipated Chinook or coho
hooking mortality occurring during the season,
catches in treaty Indian fisheries inconsistent with
those unanticipated under Federal regulations, or a
need to redistribute quotas to ensure attainment of an
overall quota.
(2) Rescission of automatic closure. If a fishery is
closed under a quota before the end of a scheduled
season based on overestimate of actual catch, NMFS
will reopen that fishery in as timely a manner as
possible for all or part of the remaining original
season provided NMFS finds that a reopening of the
fishery is consistent with the management objectives
for the affected species and the additional open
period is no less than 24 hours. The season will be
reopened by an inseason action issued under
§660.411.
(m) Yurok and Hoopa Valley tribal fishing rights.
For purposes of section 303 of the Magnuson-Stevens
Act, the federally reserved fishing rights of the Yurok
and Hoopa Valley Indian Tribes as set out in a legal
opinion 1 dated October 4, 1993, by the Office of the
Solicitor, Department of the Interior, are applicable
law. Under section 303 of the Magnuson-Stevens
Act, allowable ocean harvest must be consistent with
all applicable laws.
(3) Adjustment for error in preseason estimates.
NMFS may, by an inseason action issued under
§660.411, make appropriate changes in relevant
seasons or quotas if a significant computational error
or errors made in calculating preseason estimates of
salmon abundance are identified, provided that such
correction can be made in a timely manner to affect
(n) Inseason notice procedures. Telephone hotlines
1
Copies of the Solicitor’s Opinion are available from the
Director, Southwest Region, NMFS.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
16
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
the involved fishery without disrupting the capacity
to meet the objectives of the fishery management
plan.
below, except where the ACL escapement level for a
stock is higher than the conservation objective, in
which case annual management measures will be
designed to ensure that the ACL for that stock is met,
or where the de minimis control rules described in
paragraph (c) of this section apply.
(b) Flexible inseason management provisions.
(1) The Regional Administrator will consult with the
Chairman of the Council and the appropriate State
Directors prior to taking any of the following flexible
inseason management provisions, which include, but
are not limited to, the following:
(1) Modification of conservation objectives. NMFS
is authorized, through an action issued under
§660.411, to modify a conservation objective if—
(i) A comprehensive technical review of the best
scientific information available provides conclusive
evidence that, in the view of the Council, the
Scientific and Statistical Committee, and the Salmon
Technical Team, justifies modification of a
conservation objective or
(i) Modification of quotas and/or fishing seasons.
(ii) Modification of the species that may be caught
and landed during specific seasons and the
establishment or modification of limited retention
regulations.
(ii) Action by a Federal court indicates that
modification of a conservation objective is
appropriate.
(iii) Modification in recreational bag limits and
recreational fishing days per calendar week.
(iv) Establishment or modification of gear
restrictions.
(2) ESA-listed species. The annual specifications
and management measures will be consistent with
NMFS consultation standards or NMFS recovery
plans for species listed under the Endangered Species
Act (ESA). Where these standards differ from those
described in FMP Table 3–1, NMFS will describe the
ESA-related standards for the upcoming annual
specifications and management measures in a letter to
the Council prior to the first Council meeting at
which the development of those annual management
measures occurs.
(v) Modification of boundaries, including landing
boundaries, and establishment of closed areas.
(2) Fishery managers must determine that any
inseason adjustment in management measures is
consistent with fishery regimes established by the
U.S.-Canada Pacific Salmon Commission,
conservation objectives and ACLs, conservation of
the salmon resource, any adjudicated Indian fishing
rights, and the ocean allocation scheme in the fishery
management plan. All inseason adjustments will be
based on consideration of the following factors:
(b) Annual Catch Limits. Annual management
measures will be designed to ensure escapement
levels at or higher than ACLs determined through the
procedures set forth in the FMP.
(i) Predicted sizes of salmon runs.
(ii) Harvest quotas and hooking mortality limits for
the area and total allowable impact limitations, if
applicable.
(c) De minimis control rules. Klamath River fall
Chinook and Sacramento River fall Chinook salmon
have the same form of de minimis control rule
described in the FMP, which allows for limited
fishing impacts when abundance falls below SMSY.
The control rule describes maximum allowable
exploitation rates at any given level of abundance.
The annual management measures may provide for
lower exploitation rates as needed to address
uncertainties or other year-specific circumstances.
The de minimis exploitation rate in a given year must
also be determined in consideration of the following
factors:
(iii) Amount of commercial, recreational, and treaty
Indian catch for each species in the area to date.
(iv) Amount of commercial, recreational, and treaty
Indian fishing effort in the area to date.
(v) Estimated average daily catch per fisherman.
(vi) Predicted fishing effort for the area to the end of
the scheduled season.
(vii) Other factors, as appropriate.
§660.410 Conservation objectives, ACLs, and de
minimis control rules.
(1) The potential for critically low natural spawner
abundance, including considerations for substocks
that may fall below crucial genetic thresholds;
(a) Conservation objectives. Annual management
measures will be consistent with conservation
objectives described in Table 3–1 of the Salmon FMP
or as modified through the processes described
(2) Spawner abundance levels in recent years;
(3) The status of co-mingled stocks;
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
17
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
(4) Indicators of marine and freshwater
environmental conditions;
of the action (telephone hotlines and USCG
broadcasts), or at the time the inseason action
published in the Federal Register is effective,
whichever comes first.
(5) Minimal needs for tribal fisheries;
(6) Whether the stock is currently in an approaching
overfished condition;
(3) Any action issued under this section will remain
in effect until the expiration date stated in the action
or until rescinded, modified, or superseded.
However, no inseason action has any effect beyond
the calendar year in which it is issued.
(7) Whether the stock is currently overfished;
(8) Other considerations as appropriate.
(9) Exploitation rates, including de minimis
exploitation rates, must not jeopardize the long-term
capacity of the stock to produce maximum sustained
yield on a continuing basis. NMFS expects that the
control rule and associated criteria will result in
decreasing harvest opportunity as abundance declines
and little or no opportunity for harvest at abundance
levels less than half of MSST.
(b) Public Comment. If time allows, NMFS will
invite public comment prior to the effective date of
any action published in the Federal Register. If
NMFS determines, for good cause, that an action
must be filed without affording a prior opportunity
for public comment, public comments on the action
will be received by NMFS for a period of 15 days
after filing of the action with the Office of the
Federal Register.
§660.411 Notification and publication procedures.
(c) Availability of data. The Regional Administrator
will compile in aggregate form all data and other
information relevant to the action being taken and
will make them available for public review upon
request, contact information will be published
annually in the Federal Register and announced on
the telephone hotline. For actions affecting fisheries
occurring primarily or exclusively in the fishery
management area seaward of California, information
relevant to the action also will be made available
upon request by the Southwest Region, NMFS [sic].
[update: Long Beach, CA office of the West Coast
Region NMFS].
(a) Notification and effective dates.
(1) Annual and certain other actions taken under
§§660.408 and 660.410 will be implemented by an
action published in the Federal Register, and will be
effective upon filing, unless a later time is specified
in the action.
(2) Inseason actions taken under §660.409 will be by
actual notice available from telephone hotlines and
USCG broadcasts, as specified annually. Inseason
actions will also be published in the Federal Register
as soon as practicable. Inseason actions will be
effective from the time specified in the actual notice
2017 MANAGEMENT MEASURES
The 2017 management measures for commercial, recreational, and treaty Indian fishing for salmon in the
fishery management area (as defined at §660.402.) off Washington, Oregon, and California are shown in
Sections 1, 2, and 3, respectively. The specifications found in Sections 4 through 6 are also in effect.
These management measures published in the Federal Register, with an effective date of May 1, 2017 (82
FR 19631).
Section 1. Commercial Management Measures for 2017 Ocean Salmon Fisheries
Note: This section contains restrictions in parts A, B, and C that must be followed for lawful participation in the
fishery. Each fishing area identified in part A specifies the fishing area by geographic boundaries from north to
south, the open seasons for the area, the salmon species allowed to be caught during the seasons, and any other
special retrictions effective in the area. Part B specifies minimum size limits. Part C specifies special requirements,
definitions, restrictions, and exceptions.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
18
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Commercial
A. Season Description
Commercial Fisheries North of Cape Falcon, Oregon
U.S./Canada Border to Cape Falcon
• May 1 through the earlier of June 30 or 27,000 Chinook, no more than 8,900 of which may be caught in the area between
the U.S./Canada border and the Queets River and no more than 9,000 of which may be caught in the area between
Leadbetter Pt. and Cape Falcon (C.8).
In the area between the U.S./Canada border and the Queets River, a landing and possession limit of 60 Chinook per vessel
per calendar week (Monday through Sunday) will be in place.
Seven days per week (C.1). All salmon except coho (C.4, C.7). Chinook minimum size limit of 28 inches total length (B).
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 and halibut catch aboard, and destination. Vessels in possession of salmon
south of the Queets River may not cross the Queets River line without first notifying WDFW at 360-249-1215 with area fished,
total Chinook and halibut catch aboard, and destination. When it is projected that approximately 75% of the overall Chinook
guideline has been landed, or approximately 75% of the Chinook subarea guideline has been landed in the area between the
U.S./Canada border and the Queets River, or approximately 75% of the Chinook subarea guideline has been landed in the
area between Leadbetter Pt. and Cape Falcon, inseason action will be considered to ensure the guideline is not exceeded.
See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).
U.S./Canada Border to Cape Falcon
• July 1-4, July 7-September 19 or 18,000 Chinook or 5,600 coho whichever comes first; no more than 7,200 Chinook may be
caught in the area between the U.S./Canada border and the Queets River (C.8).
Open five days per week, Friday through Tuesday. In the area between the U.S./Canada border and the Queets River, a landing
and possession limit of 60 Chinook and 10 coho per vessel per open period will be in place (C.1, C.6). In the area from the Queets
River to Cape Falcon, a landing and possession limit of 75 Chinook and 10 coho per vessel per open period will be in place (C.1,
C.6).
Chinook minimum size limit of 28 inches total length. Coho minimum size limit of 16 inches total length (B, C.1). All coho must be
marked with a healed adipose fin clip (C.8.c). No chum retention north of Cape Alava, Washington in August and September (C.4,
C.7). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3). 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 and halibut catch aboard, and destination. Vessels in possession of salmon south of the Queets River may not cross the
Queets River line without first notifying WDFW at 360-249-1215 with area fished, total Chinook and halibut catch aboard, and
destination. When it is projected that approximately 75% of the overall Chinook guideline has been landed, or approximately 75%
of the Chinook subarea guideline has been landed in the area between the U.S./Canada border to the Queets River, inseason
action will be considered to ensure the guideline is not exceeded.
For all commercial troll fisheries north of Cape Falcon, mandatory closed areas include: Salmon Troll Yelloweye Rockfish
Conservation Area, Cape Flattery and Columbia Control Zones, and beginning August 14, Grays Harbor Control Zone closed (C.5).
Vessels must land and deliver their fish within 24 hours of any closure of this fishery. Vessels fishing or in possession of salmon
while fishing north of Leadbetter Point must land and deliver their fish within the area and north of Leadbetter Point. Vessels fishing
or in possession of salmon while fishing south of Leadbetter Point must land and deliver their fish within the area and south of
Leadbetter Point, except that Oregon permitted vessels may also land their fish in Garibaldi, Oregon. Under state law, vessels
must report their catch on a state fish receiving ticket. Oregon State regulations require all fishers landing salmon into Oregon from
any fishery between Leadbetter Point, Washington and Cape Falcon, Oregon must notify ODFW within one hour of delivery or
prior to transport away from the port of landing by either calling 541-867-0300 ext. 271 or sending notification via e-mail to
[email protected]. Notification shall include vessel name and number, number of salmon by species, port of landing
and location of delivery, and estimated time of delivery. Inseason actions may modify harvest guidelines in later fisheries to achieve
or prevent exceeding the overall allowable troll harvest impacts (C.8).
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
19
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Commercial
Commercial Fisheries South of Cape Falcon, Oregon
Cape Falcon to Florence South Jetty
• April 15-May 31;
• June 7-12, June 15-30, July 8-31;
• September 1-30, October 1-31 (C.9.a).
Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 28 inches total length (B, C.1). All
vessels fishing in the area must land their fish in the State of Oregon. See gear restrictions and definitions (C.2, C.3) and Oregon
State regulations for a description of special regulations at the mouth of Tillamook Bay.
Beginning September 1 no more than 45 Chinook per vessel per landing week (Thurs.-Wed.); and only open shoreward of the 40
fathom regulatory line (C.5.f).
In 2018, the season will open March 15 for all salmon except coho. Chinook minimum size limit of 28 inches total length (B, C.1).
Gear restrictions same as in 2017 (C.2, C.3, C.4, C.6, C.7, C.8). This opening could be modified following Council review at its
March 2018 meeting.
Florence South Jetty to Humbug Mt.
• Closed (C.9a).
In 2018, the season will open March 15 for all salmon except coho. Chinook minimum size limit of 28 inches total length (B, C.1).
Gear restrictions same as in 2017 (C.2, C.3, C.4, C.6, C.7, C.8). This opening could be modified following Council review at its March
2018 meeting.
Humbug Mt. to OR/CA Border (Oregon KMZ)
• Closed (C.9.a).
In 2018, the season will open March 15 for all salmon except coho. Chinook minimum size limit of 28 inches total length (B, C.1).
Gear restrictions same as in 2017 (C.2, C.3, C.4, C.6, C.7, C.8). This opening could be modified following Council review at its March
2018 meeting
OR/CA Border to Humboldt South Jetty (California KMZ)
• Closed (C.9.b).
Humboldt South Jetty to Horse Mountain
• Closed.
•
When the fishery is closed between the OR/CA border and Humbug Mountain and open to the south, vessels with fish on board
caught in the open area off California may seek temporary mooring in Brookings, Oregon prior to landing in California only if such
vessels first notify the Chetco River Coast Guard Station via VHF channel 22A between the hours of 0500 and 2200 and provide the
vessel name, number of fish on board, and estimated time of arrival (C.6).
Horse Mt. to Point Arena (Fort Bragg)
• September 1 through the earlier of September 30, or a 3,000 Chinook quota (C.9.b).
Five days per week, Friday through Tuesday. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length
(B, C.1). Landing and possession limit of 60 Chinook per vessel per open period (C.8.e). All fish caught in this area must be landed
between the OR/CA border and Point Arena (C.6). All fish must be offloaded within 24 hours of any closure of the fishery and
prior to fishing outside the area (C.1). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3).
In 2018, the season will open April 16-30 for all salmon except coho, with a 27 inch Chinook minimum size limit and the same gear
restrictions as in 2017. All fish caught in the area must be landed in the area. This opening could be modified following Council review
at its March 2018 meeting.
Point Arena to Pigeon Point (San Francisco)
• August 1-29;
• September 1-30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length prior to September 1,
26 inches thereafter (B, C.1). All fish must be landed in California. All salmon caught in California prior to September 1 must be
landed and offloaded no later than 11:59 p.m., August 30 (C.6). In September, all fish must be landed south of Point Arena until the
quota in the Fort Bragg fishery is met and the fishery has closed for 24 hours (C.6). See compliance requirements (C.1) and gear
restrictions and definitions (C.2, C.3).
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
20
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
•
Commercial
Point Reyes to Point San Pedro (Fall Area Target Zone)
October 2-6 and 9-13.
Five days per week, Monday through Friday. All salmon except coho (C.4, C.7). Chinook minimum size limit of 26 inches total length
(B, C.1). All fish caught in this area must be landed between Point Arena and Pigeon Point (C.6). See compliance requirements (C.1)
and gear restrictions and definitions (C.2, C.3).
Pigeon Point to U.S./Mexico Boarder (Monterey)
• May 1-31;
• June 1-30 (C.9.b).
Seven days per week. All salmon except coho (C.4, C.7). Chinook minimum size limit of 27 inches total length (B, C.1). All fish must
be landed in California. All salmon caught in California prior to September 1 must be landed and offloaded no later than 11:59 p.m.,
August 30 (C.6). See compliance requirements (C.1) and gear restrictions and definitions (C.2, C.3
Point Sur to U.S./Mexico Border (Monterey South)
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 §8226).
B. MINIMUM SIZE
(Inches) (See C.1)
Area (when open)
North of Cape Falcon
Cape Falcon to Humbug Mountain
Chinook
Total
Length
Head-off
28.0
21.5
28.0
21.5
Coho
Total
Length
Head-off
16
12
-
Pink
None
None
Humbug Mountain to OR/CA border
-
-
-
-
OR/CA Border to Humboldt South Jetty
-
-
-
-
27.0
20.5
-
-
None
Prior to September 1
27.0
20.5
-
-
None
September 1 and later
26.0
19.5
-
-
None
27.0
20.5
-
-
Horse Mountain to Point Arena
Point Arena to Pigeon Point
Pigeon Point to U.S./Mexico border
None
Metric Equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5
in = 49.5 cm.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
21
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Commercial
C. REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS
C.1. Compliance with Minimum Size or Other Special Restrictions: All salmon on board a vessel must meet the minimum size,
landing/possession limit, or other special requirements for the area being fished and the area in which they are landed if the area
is open or has been closed less than 48 hours for that species of salmon. Salmon may be landed in an area that has been closed
for a species of salmon more than 48 hours only if they meet the minimum size, landing/possession limit, or other special
requirements for the area in which they were caught. Salmon may not be filleted prior to landing.
Any person who is required to report a salmon landing by applicable state law must include on the state landing receipt for that
landing both the number and weight of salmon landed by species. States may require fish landing/receiving tickets be kept on
board the vessel for 90 days or more after landing to account for all previous salmon landings.
C.2. Gear Restrictions:
a. Salmon may be taken only by hook and line using single point, single shank, barbless hooks.
b. Cape Falcon, Oregon, to the OR/CA border: No more than 4 spreads are allowed per line.
c. OR/CA border to U.S./Mexico border: No more than 6 lines are allowed per vessel, and barbless circle hooks are required
when fishing with bait by any means other than trolling.
C.3. Gear Definitions:
Trolling defined: Fishing from a boat or floating device that is making way by means of a source of power, other than drifting by
means of the prevailing water current or weather conditions.
Troll fishing gear defined: One or more lines that drag hooks behind a moving fishing vessel. In that portion of the fishery
management area off Oregon and Washington, the line or lines must be affixed to the vessel and must not be intentionally
disengaged from the vessel at any time during the fishing operation.
Spread defined: A single leader connected to an individual lure and/or bait.
Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at a
90º 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 OLE, USCG, CDFW, WDFW, ODFW and OSP 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 (48º23'00" N. lat.) to the northern boundary of the U.S. EEZ; and
the area from Cape Flattery south to Cape Alava (48º10’00" N. lat.) and east of 125º05'00" W. long.
b. Mandatory Yelloweye Rockfish Conservation Area – The area in Washington Marine Catch Area 3 from 48°00.00' N. lat.;
125°14.00' W. long. to 48°02.00' N. lat.; 125°14.00' W. long. to 48°02.00' N. lat.; 125°16.50' W. long. to 48°00.00' N. lat.;
125°16.50' W. long. and connecting back to 48°00.00' N. lat.; 125°14.00' W. long.
c. Grays Harbor Control Zone - The area defined by a line drawn from the Westport Lighthouse (46° 53'18" N. lat., 124° 07'01"
W. long.) to Buoy #2 (46° 52'42" N. lat., 124°12'42" W. long.) to Buoy #3 (46° 55'00" N. lat., 124°14'48" W. long.) to the
Grays Harbor north jetty (46° 55'36" N. lat., 124°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°13'35" N. lat., 124°06'50" W. long.) and the green lighted Buoy #7 (46°15'09' N. lat.,
124°06'16" W. long.); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00"
N. lat.,124°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°15'48" N. lat., 124°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°14'03" N. lat., 124°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°38'48" N. lat.
(approximately 6 nautical miles north of the Klamath River mouth); on the west by 124°23'00" W. long. (approximately 12
nautical miles off shore); and on the south by 41°26'48" N. lat. (approximately 6 nautical miles south of the Klamath River
mouth).
f.
Waypoints for the 40 fathom regulatory line from Cape Falcon to Humbug Mountain (50 CFR 660.71(k)).
(12) 45°46.00′ N. lat., 124°04.49′ W. long.;
(13) 45°44.34′ N. lat., 124°05.09′ W. long.;
(14) 45°40.64′ N. lat., 124°04.90′ W. long.;
(15) 45°33.00′ N. lat., 124°04.46′ W. long.;
(16) 45°32.27′ N. lat., 124°04.74′ W. long.;
(17) 45°29.26′ N. lat., 124°04.22′ W. long.;
(18) 45°20.25′ N. lat., 124°04.67′ W. long.;
(19) 45°19.99′ N. lat., 124°04.62′ W. long.;
(20) 45°17.50′ N. lat., 124°04.91′ W. long.;
(21) 45°11.29′ N. lat., 124°05.20′ W. long.;
(22) 45°05.80′ N. lat., 124°05.40′ W. long.;
(23) 45°05.08′ N. lat., 124°05.93′ W. long.;
(24) 45°03.83′ N. lat., 124°06.47′ W. long.;
(25) 45°01.70′ N. lat., 124°06.53′ W. long.;
(26) 44°58.75′ N. lat., 124°07.14′ W. long.;
(27) 44°51.28′ N. lat., 124°10.21′ W. long.;
(28) 44°49.49′ N. lat., 124°10.90′ W. long.;
(29) 44°44.96′ N. lat., 124°14.39′ W. long.;
(30) 44°43.44′ N. lat., 124°14.78′ W. long.;
(31) 44°42.26′ N. lat., 124°13.81′ W. long.;
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
22
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
(32) 44°41.68′ N. lat., 124°15.38′ W. long.;
(34) 44°33.74′ N. lat., 124°14.44′ W. long.;
(36) 44°19.13′ N. lat., 124°19.22′ W. long.;
(38) 44°14.38′ N. lat., 124°17.78′ W. long.;
(40) 44°09.23′ N. lat., 124°15.96′ W. long.;
(42) 44°08.30′ N. lat., 124°16.75′ W. long.;
(44) 43°51.61′ N. lat., 124°14.68′ W. long.;
(46) 43°40.49′ N. lat., 124°15.74′ W. long.;
(48) 43°34.52′ N. lat., 124°16.73′ W. long.;
(50) 43°23.91′ N. lat., 124°24.28′ W. long.;
(52) 43°17.96′ N. lat., 124°28.81′ W. long.;
(54) 43°13.97′ N. lat., 124°31.99′ W. long.;
(56) 43°12.26′ N. lat., 124°34.16′ W. long.;
(58) 43°05.65′ N. lat., 124°31.52′ W. long.;
(60) 42°54.97′ N. lat., 124°36.99′ W. long.;
(62) 42°50.00′ N. lat., 124°39.68′ W. long.;
(64) 42°46.47′ N. lat., 124°38.89′ W. long.;
(66) 42°44.79′ N. lat., 124°37.96′ W. long.;
(68) 42°44.14′ N. lat., 124°35.17′ W. long.;
(70) 42°40.50′ N. lat., 124°31.98′ W. long.;
Commercial
(33) 44°34.87′ N. lat., 124°15.80′ W. long.;
(35) 44°27.66′ N. lat., 124°16.99′ W. long.;
(37) 44°15.35′ N. lat., 124°17.38′ W. long.;
(39) 44°12.80′ N. lat., 124°17.18′ W. long.;
(41) 44°08.38′ N. lat., 124°16.79′ W. long.;
(43) 44°01.18′ N. lat., 124°15.42′ W. long.;
(45) 43°42.66′ N. lat., 124°15.46′ W. long.;
(47) 43°38.77′ N. lat., 124°15.64′ W. long.;
(49) 43°28.82′ N. lat., 124°19.52′ W. long.;
(51) 43°20.83′ N. lat., 124°26.63′ W. long.;
(53) 43°16.75′ N. lat., 124°28.42′ W. long.;
(55) 43°13.72′ N. lat., 124°33.25′ W. long.;
(57) 43°10.96′ N. lat., 124°32.33′ W. long.;
(59) 42°59.66′ N. lat., 124°32.58′ W. long.;
(61) 42°53.81′ N. lat., 124°38.57′ W. long.;
(63) 42°49.13′ N. lat., 124°39.70′ W. long.;
(65) 42°45.74′ N. lat., 124°38.86′ W. long.;
(67) 42°45.01′ N. lat., 124°36.39′ W. long.;
(69) 42°42.14′ N. lat., 124°32.82′ W. long.;
C.6. Notification When Unsafe Conditions Prevent Compliance with Regulations: If prevented by unsafe weather conditions or
mechanical problems from meeting special management area landing restrictions, vessels must notify the U.S. Coast Guard and
receive acknowledgment of such notification prior to leaving the area. This notification shall include the name of the vessel, port
where delivery will be made, approximate amount of salmon (by species) on board, 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 U.S. Coast Guard, vessels fishing south of the Oregon/California border must notify CDFW within
one hour of leaving the management area by calling 800-889-8346 and providing the same information as reported to the U.S.
Coast Guard. All salmon must be offloaded within 24 hours of reaching port.
C.7. Incidental Halibut Harvest: During authorized periods, the operator of a vessel that has been issued an incidental halibut harvest
license may retain Pacific halibut caught incidentally in Area 2A while trolling for salmon. Halibut retained must be no less than
32 inches in total length, measured from the tip of the lower jaw with the mouth closed to the extreme end of the middle of the
tail, and must be landed with the head on. When halibut are caught and landed incidental to commercial salmon fishing by an
IPHC license holder, any person who is required to report the salmon landing by applicable state law must include on the state
landing receipt for that landing both the number of halibut landed, and the total dressed, head-on weight of halibut landed, in
pounds, as well as the number and species of salmon landed.
License applications for incidental harvest must be obtained from the International Pacific Halibut Commission (phone: 206-6341838). Applicants must apply prior to mid-March 2018 for 2018 permits (exact date to be set by the IPHC in early 2018).
Incidental harvest is authorized only during April, May, and June of the 2017 troll seasons and after June 30 in 2017 if quota
remains and if announced on the NMFS hotline (phone: 800-662-9825 or 206-526-6667). WDFW, ODFW, and CDFW will
monitor landings. If the landings are projected to exceed the IPHC’s preseason allocation or the total Area 2A non-Indian
commercial halibut allocation, NMFS will take inseason action to prohibit retention of halibut in the non-Indian salmon troll fishery.
May 1, 2017 through December 31, 2017, and April 1-30, 2018, license holders may land or possess no more than one Pacific
halibut per each two Chinook, except one Pacific halibut may be possessed or landed without meeting the ratio requirement, and
no more than 35 halibut may be possessed or landed per trip. Pacific halibut retained must be no less than 32 inches in total
length (with head on).
Incidental Pacific halibut catch regulations in the commercial salmon troll fishery adopted for 2017, prior to any 2017 inseason
action, will be in effect when incidental Pacific halibut retention opens on April 1, 2018 unless otherwise modified by inseason
action at the March 2018 Council meeting.
a.
"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°18' N. lat.; 125°18' W. long.;
48°18' N. lat.; 124°59' W. long.;
48°11' N. lat.; 124°59' W. long.;
48°11' N. lat.; 125°11' W. long.;
48°04' N. lat.; 125°11' W. long.;
48°04' N. lat.; 124°59' W. long.;
48°00' N. lat.; 124°59' W. long.;
48°00' N. lat.; 125°18' W. long.;
and connecting back to 48°18' N. lat.; 125°18' W. long.
C.8. Inseason Management: In addition to standard inseason actions or modifications already noted under the season description,
the following inseason guidance is provided to NMFS:
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
23
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
a.
b.
c.
d.
e.
Commercial
Chinook remaining from the May through June non-Indian commercial troll harvest guideline north of Cape Falcon may be
transferred to the July through September harvest guideline if the transfer would not result in exceeding preseason impact
expectations on any stocks.
NMFS may transfer fish between the recreational and commercial fisheries north of Cape Falcon if there is agreement
among the areas’ representatives on the Salmon Advisory Subpanel (SAS), and if the transfer would not result in exceeding
preseason impact expectations on any stocks.
At the March 2018 meeting, the Council will consider inseason recommendations for special regulations for any
experimental fisheries (proposals must meet Council protocol and be received in November 2017).
If retention of unmarked coho is permitted by inseason action, the allowable coho quota will be adjusted to ensure preseason
projected impacts on all stocks is not exceeded.
Landing limits may be modified inseason to sustain season length and keep harvest within overall quotas.
C.9. State Waters Fisheries: Consistent with Council management objectives:
a. The State of Oregon may establish additional late-season fisheries in state waters.
b. The State of California may establish limited fisheries in selected state waters. Check state regulations for details.
C.10. KMZ Area described: For the purposes of California Fish and Game Code, Section 8232.5, the definition of the Klamath
Management Zone (KMZ) for the ocean salmon season shall be that area from Humbug Mountain, Oregon, to Horse Mountain,
California
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
24
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Recreational
Section 2. Recreational Management Measures for 2017 Ocean Salmon Fisheries
Note: This section contains restrictions in parts A, B, and C that must be followed for lawful participation in the
fishery. Each fishing area identified in part A specifies the fishing area by geographic boundaries from north to
south, the open seasons for the area, the salmon species allowed to be caught during the seasons, and any other
special restrictions effective in the area. Part B specifies minimum size limits. Part C specifies special
requirements, definitions, restrictions, and exceptions.
A. Season Description
Recreational Fisheries North of Cape Falcon, Oregon
U.S./Canada Border to Cape Alava (Neah Bay)
• June 24 through earlier of September 4 or 4,370 marked coho subarea quota with a subarea guideline of 7,900 Chinook
(C.5).
Seven days per week. All salmon, except no chum beginning August 1; two fish per day. All coho must be marked with a healed
adipose fin clip (C.1). Beginning August 1, Chinook non-retention east of the Bonilla-Tatoosh line (C.4.a) during Council
managed ocean fishery. See gear restrictions and definitions (C.2, C.3). Inseason management may be used to sustain season
length and keep harvest within the overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).
Cape Alava to Queets River (La Push Subarea)
• June 24 through earlier of September 4 or 1,090 marked coho subarea quota with a subarea guideline of 2,500 Chinook
(C.5).
Seven days per week. All salmon, two fish per day. All coho must be marked with a healed adipose fin clip. See gear
restrictions and definitions (C.2, C.3). Inseason management may be used to sustain season length and keep harvest within the
overall Chinook and coho recreational TACs for north of Cape Falcon (C.5).
Queets River to Leadbetter Point (Westport Subarea)
• July 1 through earlier of September 4 or 15,540 marked coho subarea quota with a subarea guideline of 21,400 Chinook (C.5).
Seven days per week. All salmon; two fish per day, no more than one of which can be a Chinook. All coho must be marked with
a healed adipose fin clip (C.1). See gear restrictions and definitions (C.2, C.3). Grays Harbor Control Zone closed beginning
August 14 (C.4.b). Inseason management may be used to sustain season length and keep harvest within the overall Chinook
and coho recreational TACs for north of Cape Falcon (C.5).
Leadbetter Point to Cape Falcon (Columbia River Subarea)
• June 24 through earlier of September 4 or 21,000 marked coho subarea quota with a subarea guideline of 13,200 Chinook
(C.5).
Seven days per week. All salmon; two fish per day, no more than one of which can be a Chinook. All coho must be marked with
a healed adipose fin clip (C.1). See gear restrictions and definitions (C.2, C.3). Columbia Control Zone closed (C.4.c). Inseason
management may be used to sustain season length and keep harvest within the overall Chinook and coho recreational TACs for
north of Cape Falcon (C.5).
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
25
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Recreational
Recreational Fisheries South of Cape Falcon, Oregon
Cape Falcon to Humbug Mt.
• March 15-October 31 (C.6), except as provided below during the all-salmon mark-selective and September non-mark-selective
coho fisheries.
Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B).
See gear restrictions and definitions (C.2, C.3).
•
Non-mark-selective coho fishery: September 2 through the earlier of September 30 or a landed catch of 6,000 coho (C.5).
Seven days per week. All salmon, two fish per day (C.1). Chinook minimum size limit of 24 inches total length. Coho minimum
size limit of 16 inches total length (B). See gear restrictions and definitions (C.2, C.3).
The all salmon except coho season reopens the earlier of October 1 or attainment of the coho quota (C.5). During October the
fishery is only open shoreward of the 40 fathom regulatory line (C.4.f).
In 2018, the season between Cape Falcon and Humbug Mountain will open March 15 for all salmon except coho, two fish per
day (C.1). Chinook minimum size limit of 24 inches total length (B); and the same gear restrictions as in 2017 (C.2, C.3). This
opening could be modified following Council review at the March 2018 Council meeting.
Fishing in the Stonewall Bank yelloweye rockfish conservation area restricted to trolling only on days the all depth recreational
halibut fishery is open (call the halibut fishing hotline 1-800-662-9825 for specific dates) (C.3.b, C.4.d).
Cape Falcon to Humbug Mt.
• All-salmon mark-selective coho fishery: June 24 through the earlier of July 31 or a landed catch of 18,000 marked coho (C.5).
Seven days per week. All salmon, two fish per day. All retained coho must be marked with a healed adipose fin clip (C.1). Chinook
minimum size limit of 24 inches total length. Coho minimum size limit of 16 inches total length (B). See gear restrictions and
definitions (C.2, C.3). Any remainder of the mark-selective quota may be transferred on an impact neutral basis to the September
non-mark-selective quota from Cape Falcon to Humbug Mountain. The all salmon except coho season reopens the earlier of
August 1 or attainment of the coho quota (C.5.e).
Fishing in the Stonewall Bank Yelloweye Rockfish Conservation Area restricted to trolling only on days the all depth recreational
halibut fishery is open (call the halibut fishing hotline 1-800-662-9825 for specific dates) (C.3.b, C.4.d).
Humbug Mt. to OR/CA Border (Oregon KMZ)
• Closed (C.6).
OR/CA Border to Horse Mt. (California KMZ)
• Closed (C.6).
Horse Mt. to Point Arena (Fort Bragg)
• April 1-May 31;
• August 15-November 12 (C.6).
Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 20 inches total length (B).
See gear restrictions and definitions (C.2, C.3).
In 2018, season opens April 7 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 20 inches total
length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the
March 2018 Council meeting.
Point Arena to Pigeon Point (San Francisco)
• April 1-30;
• May 15-October 31 (C.6).
Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length through
April 30, 20 inches thereafter (B). See gear restrictions and definitions (C.2, C.3).
In 2018, season opens April 7 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total
length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the
March 2018 Council meeting.
Pigeon Point to Point Sur (Monterey North)
• April 1-July 15 (C.6).
Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B).
See gear restrictions and definitions (C.2, C.3).
In 2018, season opens April 7 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total
length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the
March 2018 Council meeting.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
26
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Recreational
Point Sur to U.S./Mexico Border (Monterey South)
• April 1-May 31 (C.6).
Seven days per week. All salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total length (B).
See gear restrictions and definitions (C.2, C.3).
In 2018, season opens April 7 for all salmon except coho, two fish per day (C.1). Chinook minimum size limit of 24 inches total
length (B); and the same gear restrictions as in 2017 (C.2, C.3). This opening could be modified following Council review at the
March 2018 Council meeting.
California State regulations require all salmon be made available to a CDFW representative for sampling immediately at port of
landing. Any person in possession of a salmon with a missing adipose fin, upon request by an authorized agent or employee of
the CDFW, shall immediately relinquish the head of the salmon to the state. (California Code of Regulations Title 14 Section 1.73)
B. MINIMUM SIZE
(Inches) (See C.1)
Area (when open)
Chinook
Coho
Pink
North of Cape Falcon
24.0
16.0
None
Cape Falcon to Humbug Mountain
24.0
16.0
None
Humbug Mountain to OR/CA Border
-
-
-
OR/CA Border to Horse Mountain
-
-
-
20.0
-
20.0
Through April 30
24.0
-
24.0
After April 30
Horse Mountain to Point Arena
Point Arena. to Pigeon Point:
20.0
-
20.0
Pigeon Point to Point Sur
24.0
-
24.0
Point Sur to U.S./Mexico Border
24.0
-
24.0
Metric Equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5 in = 49.5
cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.
C. REQUIREMENTS, DEFINITIONS, RESTRICTIONS, OR EXCEPTIONS
C.1. Compliance with Minimum Size and Other Special Restrictions: All salmon on board a vessel must meet the minimum size or
other special requirements for the area being fished and the area in which they are landed if that area is open. Salmon may be
landed in an area that is closed only if they meet the minimum size or other special requirements for the area in which they were
caught. Salmon may not be filleted prior to landing.
Ocean Boat Limits: Off the coast of Washington, Oregon, and California, each fisher aboard a vessel may continue to use angling
gear until the combined daily limits of Chinook and coho salmon for all licensed and juvenile anglers aboard have been attained
(additional state restrictions may apply).
C.2. Gear Restrictions: Salmon may be taken only by hook and line using barbless hooks. All persons fishing for salmon, and all
persons fishing from a boat with salmon on board, must meet the gear restrictions listed below for specific areas or seasons.
a. U.S./Canada Border to Pt. Conception, California: No more than one rod may be used per angler; and no more than two
single point, single shank barbless hooks are required for all fishing gear. [Note: ODFW regulations in the state-water
fishery off Tillamook Bay may allow the use of barbed hooks to be consistent with inside regulations.]
b. Horse Mt., California, to Pt. Conception, California: Single point, single shank, barbless circle hooks (see gear definitions
below) are required when fishing with bait by any means other than trolling, and no more than two such hooks shall be used.
When angling with two hooks, the distance between the hooks must not exceed five inches when measured from the top of
the eye of the top hook to the inner base of the curve of the lower hook, and both hooks must be permanently tied in place
(hard tied). Circle hooks are not required when artificial lures are used without bait.
C.3. Gear Definitions:
a. Recreational fishing gear defined: Off Oregon and Washington, angling tackle consists of a single line that must be attached
to a rod and reel held by hand or closely attended; the rod and reel must be held by hand while playing a hooked fish. No
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
27
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
b.
c.
Recreational
person may use more than one rod and line while fishing off Oregon or Washington. Off California, the line must be attached
to a rod and reel held by hand or closely attended; weights directly attached to a line may not exceed four pounds (1.8 kg).
While fishing off California north of Pt. 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.
Trolling defined: Angling from a boat or floating device that is making way by means of a source of power, other than drifting
by means of the prevailing water current or weather conditions.
Circle hook defined: A hook with a generally circular shape and a point which turns inward, pointing directly to the shank at
a 90° 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°23'30" N.
lat., 124°44'12" W. long.) to the buoy adjacent to Duntze Rock (48°24'37" N. lat., 124°44'37" W. long.), then in a straight
line to Bonilla Pt. (48°35'39" N. lat., 124°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° 53'18" N. lat., 124° 07'01"
W. long.) to Buoy #2 (46° 52'42" N. lat., 124°12'42" W. long.) to Buoy #3 (46° 55'00" N. lat., 124°14'48" W. long.) to the
Grays Harbor north jetty (46° 55'36" N. lat., 124°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°13'35" N. lat., 124°06'50" W. long.) and the green lighted Buoy #7 (46°15'09' N. lat.,
124°06'16" W. long.); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00"
N. lat., 124°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°15'48" N. lat., 124°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°14'03" N. lat., 124°04'05" W. long.), and then along the south jetty to the point
of intersection with the Buoy #10 line.
d. Stonewall Bank Yelloweye Rockfish Conservation Area: The area defined by the following coordinates in the order listed:
44°37.46' N. lat.; 124°24.92' W. long.
44°37.46' N. lat.; 124°23.63' W. long.
44°28.71' N. lat.; 124°21.80' W. long.
44°28.71' N. lat.; 124°24.10' W. long.
44°31.42' N. lat.; 124°25.47' W. long.
and connecting back to 44°37.46' N. lat.; 124°24.92' W. long.
e. Klamath Control Zone: The ocean area at the Klamath River mouth bounded on the north by 41°38'48" N. lat. (approximately
6 nautical miles north of the Klamath River mouth); on the west by 124°23'00" W. long. (approximately 12 nautical miles off
shore); and, on the south by 41°26'48" N. lat. (approximately 6 nautical miles south of the Klamath River mouth).
f.
Waypoints for the 40 fathom regulatory line from Cape Falcon to Humbug Mountain (50 CFR 660.71(k)).
(12) 45°46.00′ N. lat., 124°04.49′ W. long.;
(13) 45°44.34′ N. lat., 124°05.09′ W. long.;
(14) 45°40.64′ N. lat., 124°04.90′ W. long.;
(15) 45°33.00′ N. lat., 124°04.46′ W. long.;
(16) 45°32.27′ N. lat., 124°04.74′ W. long.;
(17) 45°29.26′ N. lat., 124°04.22′ W. long.;
(18) 45°20.25′ N. lat., 124°04.67′ W. long.;
(19) 45°19.99′ N. lat., 124°04.62′ W. long.;
(20) 45°17.50′ N. lat., 124°04.91′ W. long.;
(21) 45°11.29′ N. lat., 124°05.20′ W. long.;
(22) 45°05.80′ N. lat., 124°05.40′ W. long.;
(23) 45°05.08′ N. lat., 124°05.93′ W. long.;
(24) 45°03.83′ N. lat., 124°06.47′ W. long.;
(25) 45°01.70′ N. lat., 124°06.53′ W. long.;
(26) 44°58.75′ N. lat., 124°07.14′ W. long.;
(27) 44°51.28′ N. lat., 124°10.21′ W. long.;
(28) 44°49.49′ N. lat., 124°10.90′ W. long.;
(29) 44°44.96′ N. lat., 124°14.39′ W. long.;
(30) 44°43.44′ N. lat., 124°14.78′ W. long.;
(31) 44°42.26′ N. lat., 124°13.81′ W. long.;
(32) 44°41.68′ N. lat., 124°15.38′ W. long.;
(33) 44°34.87′ N. lat., 124°15.80′ W. long.;
(34) 44°33.74′ N. lat., 124°14.44′ W. long.;
(35) 44°27.66′ N. lat., 124°16.99′ W. long.;
(36) 44°19.13′ N. lat., 124°19.22′ W. long.;
(37) 44°15.35′ N. lat., 124°17.38′ W. long.;
(38) 44°14.38′ N. lat., 124°17.78′ W. long.;
(39) 44°12.80′ N. lat., 124°17.18′ W. long.;
(40) 44°09.23′ N. lat., 124°15.96′ W. long.;
(41) 44°08.38′ N. lat., 124°16.79′ W. long.;
(42) 44°08.30′ N. lat., 124°16.75′ W. long.;
(43) 44°01.18′ N. lat., 124°15.42′ W. long.;
(44) 43°51.61′ N. lat., 124°14.68′ W. long.;
(45) 43°42.66′ N. lat., 124°15.46′ W. long.;
(46) 43°40.49′ N. lat., 124°15.74′ W. long.;
(47) 43°38.77′ N. lat., 124°15.64′ W. long.;
(48) 43°34.52′ N. lat., 124°16.73′ W. long.;
(49) 43°28.82′ N. lat., 124°19.52′ W. long.;
(50) 43°23.91′ N. lat., 124°24.28′ W. long.;
(51) 43°20.83′ N. lat., 124°26.63′ W. long.;
(52) 43°17.96′ N. lat., 124°28.81′ W. long.;
(53) 43°16.75′ N. lat., 124°28.42′ W. long.;
(54) 43°13.97′ N. lat., 124°31.99′ W. long.;
(55) 43°13.72′ N. lat., 124°33.25′ W. long.;
(56) 43°12.26′ N. lat., 124°34.16′ W. long.;
(57) 43°10.96′ N. lat., 124°32.33′ W. long.;
(58) 43°05.65′ N. lat., 124°31.52′ W. long.;
(59) 42°59.66′ N. lat., 124°32.58′ W. long.;
(60) 42°54.97′ N. lat., 124°36.99′ W. long.;
(61) 42°53.81′ N. lat., 124°38.57′ W. long.;
(62) 42°50.00′ N. lat., 124°39.68′ W. long.;
(63) 42°49.13′ N. lat., 124°39.70′ W. long.;
(64) 42°46.47′ N. lat., 124°38.89′ W. long.;
(65) 42°45.74′ N. lat., 124°38.86′ W. long.;
(66) 42°44.79′ N. lat., 124°37.96′ W. long.;
(67) 42°45.01′ N. lat., 124°36.39′ W. long.;
(68) 42°44.14′ N. lat., 124°35.17′ W. long.;
(69) 42°42.14′ N. lat., 124°32.82′ W. long.;
(70) 42°40.50′ N. lat., 124°31.98′ W. long.;
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
28
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Recreational
C.5. Inseason Management: Regulatory modifications may become necessary inseason to meet preseason management objectives
such as quotas, harvest guidelines, and season duration. In addition to standard inseason actions or modifications already noted
under the season description, the following inseason guidance is provided to NMFS:
a. Actions could include modifications to bag limits, or days open to fishing, and extensions or reductions in areas open to
fishing.
b. Coho may be transferred inseason among recreational subareas north of Cape Falcon to help meet the recreational season
duration objectives (for each subarea) after conferring with representatives of the affected ports and the Council’s SAS
recreational representatives north of Cape Falcon, and if the transfer would not result in exceeding preseason impact
expectations on any stocks.
c. Chinook and coho may be transferred between the recreational and commercial fisheries north of Cape Falcon if there is
agreement among the representatives of the SAS, and if the transfer would not result in exceeding preseason impact
expectations on any stocks.
d. Fishery managers may consider inseason action modifying regulations restricting retention of unmarked coho. To remain
consistent with preseason expectations, any inseason action shall consider, if significant, the difference between observed
and preseason forecasted mark rates. Such a consideration may also include a change in bag limit of two salmon, no more
than one of which may be a coho.
e. Marked coho remaining from the Cape Falcon to Humbug Mt. recreational mark-selective coho quota may be transferred
inseason to the Cape Falcon to Humbug Mt. non-mark-selective recreational fishery if the transfer would not result in
exceeding preseason impact expectations on any stocks.
C.6. Additional Seasons in State Territorial Waters: Consistent with Council management objectives, the States of Washington,
Oregon, and California may establish limited seasons in state waters. Check state regulations for details.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
29
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Treaty Indian
Section 3. Treaty Indian Management Measures for 2017 Ocean Salmon Fisheries
Note: This section contains restrictions in parts A, B, and C that must be followed for lawful participation in the
fishery. Each fishing area identified in part A specifies the fishing area by geographic boundaries from north to
south, the open seasons for the area, the salmon species allowed to be caught during the seasons, and any other
special restrictions effective in the area. Part B specifies minimum size limits. Part C specifies special
requirements, definitions, restrictions, and exceptions.
A. SEASON DESCRIPTIONS
U.S./Canada Border to Cape Falcon, Oregon
•
• May 1 through the earlier of June 30 or 20,000 Chinook quota.
All salmon except coho. If the Chinook quota for the May-June fishery is not fully utilized, the excess fish may be transferred into
the later all-salmon season (C.5.a). If the Chinook quota is exceeded, the excess will be deducted from the later all-salmon season
(C.5). See size limit (B) and other restrictions (C).
•
July 1 through the earlier of September 15, or 20,000 Chinook quota (C.5), or 12,500 coho quota.
All Salmon. See size limit (B) and other restrictions (C).
B. MINIMUM SIZE
(Inches)
Chinook
Area (when open)
North of Cape Falcon
Coho
Total Length
Head-off
Total Length
Head-off
Pink
24.0 (61.0 cm)
18.0 (45.7 cm)
-
-
None
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 (All).
MAKAH - Washington State Statistical Area 4B and that portion of the FMA north of 48°02'15" N. lat. (Norwegian Memorial)
and east of 125°44'00" W. long.
QUILEUTE - That portion of the FMA between 48°10'00" N. lat. (Cape Alava) and 47°31'42" N. lat. (Queets River) and east of
125°44'00" W. long.
HOH - That portion of the FMA between 47°54'18" N. lat. (Quillayute River) and 47°21'00" N. lat. (Quinault River) and east of
125°44'00" W. long.
QUINAULT - That portion of the FMA between 47°40'06" N. lat. (Destruction Island) and 46°53'18"N. lat. (Point Chehalis) and
east of 125°08'30" W. long.
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°02'15" N. lat. (Norwegian Memorial) and east of 125°44'00" W. long.).
C.3. Quotas
a. The quotas include troll catches by the S'Klallam and Makah tribes in Washington State Statistical Area 4B from May 1
through September 15.
b. The Quileute Tribe will continue a ceremonial and subsistence fishery during the time frame of September 15 through
October 15 in the same manner as in 2004-2015. Fish taken during this fishery are to be counted against treaty troll
quotas established for the 2017 season (estimated harvest during the September-October ceremonial and subsistence
fishery: 20 Chinook; 40 coho).
C.4.
Area Closures
a. The area within a six nautical mile radius of the mouths of the Queets River (47°31'42" N. lat.) and the Hoh River
(47°45'12" N. lat.) will be closed to commercial fishing.
b. A closure within two nautical miles of the mouth of the Quinault River (47°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,
the following inseason guidance applies:
a. Chinook remaining from the May through June treaty-Indian ocean troll harvest guideline north of Cape Falcon may be
transferred to the July through September harvest guideline on a fishery impact equivalent basis.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
30
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
requirement, and no more than 35 halibut may be
possessed or landed per trip. Pacific halibut retained
must be no less than 32 inches in total length (with
head on). IPHC license holders must comply with all
applicable IPHC regulations.
Incidental Pacific halibut catch regulations in the
commercial salmon troll fishery adopted for 2017,
prior to any 2017 inseason action, will be in effect
when incidental Pacific halibut retention opens on
April 1, 2018, unless otherwise modified by inseason
action at the March 2018 Council meeting.
NMFS and the Council request that salmon
trollers voluntarily avoid a "C-shaped" YRCA (also
known as the Salmon Troll YRCA) in order to
protect yelloweye rockfish. Coordinates for the
Salmon Troll YRCA are defined at 50 CFR 660.70(a)
in the North Coast subarea (Washington marine area
3). See Section 1.C.7. in this document for the
coordinates.
Section 4. Halibut Retention
Under the authority of the Northern Pacific
Halibut Act, NMFS promulgated regulations
governing the Pacific halibut fishery, which appear at
50 CFR part 300, subpart E. On March 7, 2017,
NMFS published a rule announcing the IPHC’s
regulations, and fishery regulations for U.S. waters
off Alaska (82 FR 12730). On April 20, 2017,
NMFS published a final rule (82 FR 18581)
approving and implementing the Area 2A (U.S. West
Coast) Pacific halibut Catch Sharing Plan and the
Area 2A management measures for 2017. The Catch
Sharing Plan, in combination with the IPHC
regulations, provides that vessels participating in the
salmon troll fishery in Area 2A, which have obtained
the appropriate IPHC license, may retain halibut
caught incidentally during authorized periods in
conformance with provisions published with the
annual salmon management measures. A salmon
troller may participate in the halibut incidental catch
fishery during the salmon troll season or in the
directed commercial fishery targeting halibut, but not
both.
The following measures have been approved by
the IPHC, and implemented by NMFS. During
authorized periods, the operator of a vessel that has
been issued an incidental halibut harvest license may
retain Pacific halibut caught incidentally in Area 2A
while trolling for salmon. Halibut retained must be
no less than 32 inches (81.28 cm) in total length,
measured from the tip of the lower jaw with the
mouth closed to the extreme end of the middle of the
tail, and must be landed with the head on.
License applications for incidental harvest must
be obtained from the IPHC (phone: 206-634-1838).
Applicants must apply prior to mid-March 2018 for
2018 permits (exact date to be set by the IPHC in
early 2018). Incidental harvest is authorized only
during April, May, and June of the 2017 troll seasons
and after June 30 in 2017 if quota remains and if
announced on the NMFS hotline (phone: 1-800-6629825 or 206-526-6667). WDFW, ODFW, and
CDFW will monitor landings. If the landings are
projected to exceed the 39,810 pound preseason
allocation or the total Area 2A non-Indian
commercial halibut allocation, NMFS will take
inseason action to prohibit retention of halibut in the
non-Indian salmon troll fishery.
May 1, 2017, through December 31, 2017, and
April 1-30, 2018, license holders may land or possess
no more than one Pacific halibut per each two
Chinook, except one Pacific halibut may be
possessed or landed without meeting the ratio
Section 5. Geographical Landmarks
Wherever the words "nautical miles off shore" are
used in this document, the distance is measured from
the baseline from which the territorial sea is
measured.
Geographical landmarks referenced in this document
are at the following locations:
Cape Flattery, WA.........................48°23'00" N. lat.
Cape Alava, WA............................48°10'00" N. lat.
Queets River, WA..........................47°31'42" N. lat.
Leadbetter Point, WA.....................46°38'10" N. lat.
Cape Falcon, OR............................45°46'00" N. lat.
Florence South Jetty, OR...............44°00'54" N. lat.
Cape Arago, OR………………….43°18'20" N. lat.
Humbug Mountain, OR..................42°40'30" N. lat.
Oregon-California Border..............42°00'00" N. lat.
Humboldt South Jetty, CA.............40°45'53" N. lat.
Horse Mountain, CA......................40°05'00" N. lat.
Point Arena, CA.............................38°57'30" N. lat.
Point Reyes, CA.............................37°59'44" N. lat.
Point San Pedro, CA.......................37°35'40" N. lat.
Pigeon Point, CA............................37°11'00" N. lat.
Point Sur, CA..................................36°18'00" N. lat.
Point Conception, CA.....................34°27'00" N. lat.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
31
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Section 6. Inseason Notice Procedures
the non-trawl RCA with a limit of up to 1 lb (0.45 kg)
of yellowtail rockfish per 2 lb (0.91 kg) of salmon
landed, with a cumulative limit of up to 200 lb (136
kg) per month. Lingcod caught north of 40°10' N.
lat. may be retained (when the lingcod season is
open) both inside and outside the non-trawl RCA, but
different limits apply depending on where fishing
occurs. On a trip where any fishing occurs inside the
RCA, no more than 1 lingcod per 15 Chinook, plus 1
lingcod, up to a trip limit of 10 lingcod, may be
retained on that trip. On a trip where fishing occurs
exclusively outside the RCA, the cumulative limits,
as announced in Table 3 (North) to Part 660, Subpart
F, apply. Any lingcod caught under the landing ratio
count towards the open access lingcod limits. In
addition to yellowtail rockfish and lingcod, if you are
salmon trolling exclusively outside the non-trawl
RCA, you may retain groundfish up to the open
access groundfish trip limits at Table 3 (North) to
Part 660, Subpart F and Table 3 (South) to Part 660,
Subpart F. If at any time during the trip, you troll for
salmon inside the non-trawl RCA, you may not retain
any groundfish during that entire trip, except for
yellowtail rockfish and lingcod caught north of
40°10' N. lat., as described above and in Table 3
(North) to Part 660, Subpart F. Similarly, if at any
time during the fishing trip, you participate in the
salmon troll fishery inside the RCA, you may not
then switch target strategies and retain groundfish
other than yellowtail rockfish or lingcod (when the
lingcod season is open) outside the RCA in the same
trip. All groundfish species taken in the salmon troll
fishery other than yellowtail rockfish and lingcod as
described above, are subject to the open access limits,
seasons, and non-trawl RCA restrictions listed in
Table 3 (North) to Part 660, Subpart F and Table 3
(South) to Part 660, Subpart F and to the open access
groundfish regulations at 50 CFR 660.380 Subpart F,
and 50 CFR 660.333 Subpart F.
Actual notice of inseason management actions will be
provided by a telephone hotline administered by the
West Coast Region, NMFS, 206-526-6667 or 800662-9825, and by U.S. Coast Guard Notice to
Mariners broadcasts. These broadcasts are
announced on Channel 16 VHF-FM and 2182 KHz at
frequent intervals. The announcements designate the
channel or frequency over which the Notice to
Mariners will be immediately broadcast. Inseason
actions will also be filed with the Federal Register as
soon as practicable. Since provisions of these
management measures may be altered by inseason
actions, fishermen should monitor either the
telephone hotline or Coast Guard broadcasts for
current information for the area in which they are
fishing.
Groundfish Retention in the Commercial
Salmon Fishery
Commercial salmon trollers may retain incidental
groundfish catch subject to the limits, restrictions,
and closed areas detailed in the Code of Federal
Regulations (CFR), at 50 CFR Part 660, Subparts C
through F. The current management measures are
described below; however, these limits and
restrictions may change during the year so fishers
must monitor the groundfish regulations at 50 CFR
Part 660, Subparts C through F for the current
restrictions. For a list of Federal groundfish species,
see 50 CFR 660.11, Subpart C, under the definition
for "groundfish." Salmon trollers that retain
groundfish are considered to be participating in the
open access groundfish fishery with non-trawl gear.
[If the vessel is also registered to a Federal
groundfish limited entry permit other restrictions may
also apply.] Therefore, they must abide by the
regulations for the open access groundfish fishery,
including areas closed to groundfish fishing for
vessels using non-trawl gears, including the nontrawl rockfish conservation areas (RCAs).
Groundfish regulations do not prohibit salmon
trolling in the non-trawl RCA, but they do prohibit
taking and retaining any groundfish that are
intercepted inside the non-trawl RCA, except for
yellowtail rockfish and lingcod (when the lingcod
season is open) caught north of 40°10' N. lat.
Lingcod may only be retained when lingcod retention
is allowed in the open access fishery and is not
“CLOSED.” Yellowtail rockfish caught north of
40°10' N. lat. may be retained both inside and outside
To protect yelloweye rockfish, the Salmon Troll
Yelloweye Rockfish Conservation Area (YRCA) is
an area closed to groundfish fishing with salmon troll
gear as specified in groundfish regulations at 50 CFR
660.330 Subpart F. The Salmon Troll YRCA is an
area off the northern Washington coast and is defined
by straight lines connecting latitude and longitude
coordinates. In addition to the Salmon Troll YRCA,
the North Coast Commercial YRCA, also off the
northern Washington coast, is a mandatory closed
area on trips where groundfish are taken and retained,
possessed or landed. There are also three voluntary
closed areas: the North Coast Recreational YRCA,
the South Coast Recreational YRCA, and the
Westport Offshore Recreational YRCA. Coordinates
for the YRCAs are specified in groundfish
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
32
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
regulations at 50 CFR 660.70, Subpart C and, for the
Salmon Troll YRCA, in salmon regulations at 50
CFR 660.405. (See Commercial Section 1.C.7. for
the coordinates).
KILLER WHALE ALERT
We Need Your Help!
We have limited information on killer whales when
they are outside of the Puget Sound area, particularly
during the period from November to June.
In addition, vessels participating in the salmon troll
fishery that take and retain, or possess groundfish in
federal waters (3-200 nautical miles offshore) are
required to have a vessel monitoring system (VMS).
If groundfish are taken and retained, or possessed on
a trip that occurs both in federal and state waters or
transits through federal waters with groundfish on
board, VMS is required regardless of where the
groundfish were taken from. Once installed and
activated, the VMS unit must remain activated unless
you have a valid exemption from the VMS
requirements on file with NMFS Office of Law
Enforcement (OLE). If the VMS requirement was
triggered prior to salmon fishing, you may not turn
the VMS unit off, even if no groundfish is taken and
retained, or possessed on salmon trips. Part of the
VMS requirements include a declaration report; a
report to NMFS OLE declaring the type of gear to be
used on a fishing trip. A new declaration report is
only required before leaving port on a trip in which a
different gear type will be used. Declaration reports
for vessels that may take and retain, or possess
groundfish can be found at 50 CFR 660.13, subpart
C.
If you see killer whales PLEASE CONTACT NOAA
Fisheries with the following information:
1) Time, date, location (latitude and longitude if
possible).
2) Total number of whales.
3) Total number of male whales (very tall dorsal fin).
4) Whales with unusual marks (scars,fin deformities,
etc.).
5) Direction the whale(s) are traveling. If possible,
please take photographs. Photos taken from the side
of the animal that clearly shows the saddle patch are
most useful. Individual whales can be identified by
their unique markings on their dorsal fin and saddle
patch (see picture below).
For current groundfish regulations, including
groundfish trip limits, coordinates for closed areas
(RCAs and YRCAs), and information on VMS
requirements, visit NMFS website at
"www.westcoast.fisheries.noaa.gov" and click on
"Fisheries" then “Groundfish” or call NMFS West
Coast Region, Seattle, Sustainable Fisheries Division
Office at 206-526-6140.
Dorsal Fin
Saddle Patch
Please Contact:
Dawn Noren at NOAA Fisheries NWFSC
[email protected]
or 206-302-2439 with your information
-orOrca Network - (866) ORCANET
(866) 672-2638
[email protected]
https://www.facebook.com/OrcaNetwork
For current regulations and guidelines on vessel
approach distances, see:
www.westcoast.fisheries.noaa.gov
www.bewhalewise.org
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
33
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
FIGURES AND MAPS
Figure 3. Rockfish conservation areas.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
34
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Figure 4. Klamath Control Zone, California.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
35
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
Figure 5. Ocean salmon fisheries management landmarks.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
36
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
CALENDARS
S
M
1
8
15
22
29
2
9
16
23
30
30
2
9
16
23
3
10
17
24
30
2
9
16
23
31
3
10
17
24
1
8
15
22
29
2
9
16
23
30
S
M
7
14
21
28
1
8
15
22
29
1
8
2915
22
29
2
9
16
23
30
1
8
15
22
29
2
9
16
23
30
7
14
21
28
1
8
15
22
29
T
W
January
3
4
10 11
17 18
24 25
31
April
Th
F
S
5
12
19
26
6
13
20
27
7
14
21
28
4
11
18
25
6
13
20
27
7
14
21
28
6
13
20
27
5
12
19
26
July
4
5
11 12
18 19
25 26
October
3
4
10 11
17 18
24 25
31
T
W
January
2
3
9
10
16 17
23 24
30 31
April
3
4
10 11
17 18
24 25
July
3
4
10 11
17 18
24 25
31
October
2
3
9
10
16 17
23 24
30 31
2017
W
Th
February
1
2
7
8
9
14 15 16
21 22 23
28
May
2
3
4
9
10 11
16 17 18
23 24 25
30 31
August
1
2
3
8
9
10
15 16 17
22 23 24
29 30 31
November
S
M
T
5
12
19
26
6
13
20
27
1
8
15
22
29
7
14
21
28
1
8
15
22
29
7
14
21
28
1
8
15
22
29
6
13
20
27
7
14
21
28
5
12
19
26
6
13
20
27
7
14
21
28
5
12
19
26
6
13
20
27
7
14
21
28
Th
F
S
S
M
T
4
11
18
25
5
12
19
26
6
13
20
27
4
11
18
25
5
12
19
26
5
12
19
26
6
13
20
27
7
14
21
28
6
13
20
27
7
14
21
28
5
12
19
26
6
13
20
27
7
14
21
28
5
12
19
26
6
13
20
27
4
11
18
25
5
12
19
26
6
13
20
27
4
11
18
25
5
12
19
26
8
15
22
29
9
16
23
30
2018
W
Th
February
1
6
7
8
13 14 15
20 21 22
27 28
May
1
2
3
8
9
10
15 16 17
22 23 24
29 30 31
August
1
2
7
8
9
14 15 16
21 22 23
28 29 30
November
1
6
7
8
13 14 15
20 21 22
27 28 29
F
S
S
M
3
10
17
24
4
11
18
25
5
12
19
26
6
13
20
27
4
11
18
25
5
12
19
26
10
17
24
T
W
Th
March
1
2
7
8
9
14 15 16
21 22 23
28 29 30
June
1
6
7
8
13 14 15
20 21 22
27 28 29
September
F
S
5
12
19
26
6
13
20
27
3
10
17
24
31
4
11
18
25
4
11
18
25
5
12
19
26
2
9
16
23
30
3
10
17
24
3
10
17
24
4
11
18
25
5
6
7
12 13 14
19 20 21
26 27 28
December
1
8
15
22
29
2
9
16
23
30
4
11
18
25
31
3
10
17
24
4
11
18
25
5
12
19
26
8
15
22
29
2
9
16
23
30
F
S
S
M
T
F
S
2
9
16
23
3
10
17
24
4
11
18
25
5
12
19
26
2
9
16
23
30
3
10
17
24
31
4
11
18
25
5
12
19
26
3
10
17
24
4
11
18
25
5
6
7
12 13 14
19 20 21
26 27 28
September
1
8
15
22
29
2
9
16
23
30
3
10
17
24
31
4
11
18
25
30
2
9
16
23
3
10
17
24
4
5
6
11 12 13
18 19 20
25 26 27
December
7
14
21
28
1
8
15
22
29
2
9
16
23
30
3
10
17
24
30
2
9
16
23
31
3
10
17
24
4
11
18
25
7
14
21
28
1
8
15
22
29
6
13
20
27
7
14
21
28
W
Th
March
1
6
7
8
13 14 15
20 21 22
27 28 29
June
5
12
19
26
6
13
20
27
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
37
2017 West Coast Salmon Fisheries | Federal Regulations | Applying in the EEZ off Washington, Oregon, and California
INSEASON MANAGEMENT ACTIONS
As described in Section 6, actual notice of inseason management actions are provided by telephone hotline and U.S. Coast Guard Notice to
Mariners broadcasts. This section summarizes inseason management actions taken in 2017 and will be updated as needed.
1.
Decision date: March 12, 2017. Effective date: March 15, 2017. The commercial salmon fishery from Cape Falcon, OR to Humbug
Mountain, OR is closed March 15, 2017 through April 14, 2017. The Council will review this fishery at the April 2017 Council
meeting regarding opening or remaining closed in April.
2.
Decision date: March 12, 2017. Effective date: March 15, 2017. The commercial salmon fishery from Humbug Mountain, OR to the
Oregon/California border (Oregon KMZ) is closed March 15, 2017 through April 30, 2017.
3.
Decision date: March 12, 2017. Effective date: April 16, 2017. The commercial salmon fishery from Horse Mountain, California to
Point Arena, California (Fort Bragg) is closed April 16, 2017 through April 30, 2017.
4.
Decision date: April 10, 2017. Effective date: Effective April 15, 2017. The commercial salmon fishery from Cape Falcon, Oregon
to Humbug Mountain, Oregon, originally scheduled, in the 2016 ocean salmon management measures, to open March 15 through
April 30, 2017, will be divided into two management areas at Florence South Jetty. The commercial salmon fishery from Florence
South Jetty to Humbug Mountain will remain closed. The commercial salmon fishery from Cape Falcon to Florence South Jetty will
open, April 15 through April 30, 2017, with the same gear restrictions as in 2016. Seven days per week. All salmon except coho.
Chinook minimum size limit of 28 inches total length. All vessels fishing in the area must land their fish in the State of Oregon. See
gear restrictions and definitions and Oregon State regulations for a description of special regulations at the mouth of Tillamook Bay.
U.S. Department of Commerce | National Oceanic and Atmospheric Administration | National Marine Fisheries Service
38
File Type | application/pdf |
Author | PeggyB |
File Modified | 2017-04-28 |
File Created | 2017-04-28 |