signal, or other means constitutes prima facie evidence of the offense of refusal to permit an authorized officer to board.

(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.

(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 party to come aboard;

(3) Except for those vessels with a freeboard of four feet or less, provide a safe ladder, if needed, for the authorized officer and his party to come aboard;

(4) When necessary to facilitate the boarding or when requested by an authorized officer, provide a manrope or safety line, and illumination for the ladder; and

(5) Take such other actions as necessary to facilitate boarding and to ensure the safety of the authorized officer and 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 sending the signal "L" and the necessity for the vessel to stop instantly.

(1) "AA" repeated (.- .-) 1. 2 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.

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.

(3) "SQ3" (... ...--) means "You should stop or heave to; I am going to board you."

(4) "L" (.-..) means “You should stop your vessel instantly."

[49 FR 43682, Oct. 31, 1984; 49 FR 46148, Nov. 23, 1984]

Any person or fishing vessel found to be in violation of this part will be subject to the civil and criminal penalty provisions and forfeiture provisions prescribed in the Magnuson Act and implementing regulations.

§ 661.8 Experimental fishing.

(a) The Secretary may allow such experimental 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) The Secretary will not allow any experimental fishery recommended by the Council unless he determines that the purpose, design, and administration of the experimental fishery are consistent with the goals and objectives of the Council's fishery management plan, the national standards (section 301(a) of the Magnuson Act), and other applicable law.

(c) Each vessel participating in any experimental fishery recommended by the Council and allowed by the Secretary is subject to all provisions of this part, except those portions which relate to the purpose and nature of the experimental fishery. These exceptions will be specified in a letter issued by the Regional Director to each vessel participating in the experimental fishery and that letter must be carried aboard each participating vessel.

§ 661.9 Scientific research.

Nothing in this part is intended to inhibit or prevent any scientific or

oceanographic research in the fishery management area by a scientific research vessel. The Regional Director will acknowledge any notification he might receive of any bona fide scientific or oceanographic research with respect to salmon being conducted by a scientific research vessel, by issuing to the operator or master of that vessel a letter or acknowledgment, containing information on the purpose, locations, and schedules of the activities. The Regional Director will transmit copies of this letter to the Council, and to State and Federal administrative and enforcement agencies, to ensure that all concerned parties are aware of the research activities.

§ 661.10 Treaty Indian fishing.

Except as otherwise provided in this part, treaty Indian fishing in any part of the fishery management area is subject to the provisions of this part, the Magnuson Act, and any other regulations issued under the Magnuson Act.

Subpart B-Management Measures

§ 661.20 Annual actions.

(a) The Secretary will annually establish or, as necessary, adjust management specifications for the commercial, recreational, and treaty Indian fisheries by publishing a notice in the FEDERAL REGISTER under § 661.22. Management specifications may include allowable ocean harvest levels (including quotas), allocations, management boundaries and zones, minimum size limits, gear definitions, seasons, selective fisheries, and optional inseason management provisions for each fishery and may be specified as follows:

(1) Commercial fishing. (i) Area, seasons, species, zone, and gear restrictions.

(ii) Length restrictions (minimum total lengths, in inches, and minimum lengths for dressed, head-off, in inches).

(2) Recreational fishing. (i) Area, season, species, zone, daily bag limits, and gear restrictions.

(ii) Length restrictions (minimum total lengths, in inches).

(3) Quotas. Commercial and recreational, by species (including fish caught 0-3 nautical miles seaward of Washington, Oregon, and California).

(4) Treaty Indian fishing. (i) Area, season, fixed or adjustable quotas, species, zone, and gear restrictions.

(ii) Length restrictions (minimum total length, in inches).

(b) Schedule and procedures for annual actions. The schedule and procedures for establishing and adjusting annual management specifications are described in the Appendix to this part (Section I.; II. A. and B.) The schedule will be followed to the extent possible. In the event that a deviation from the schedule occurs, it will not affect the validity of any action taken.

EFFECTIVE DATE NOTE: At 50 FR 31849, Aug. 7, 1985, an emergency rule was issued amending § 661.20. The introductory text of paragraph (a) and paragraph (a)(2)(i) were amended by adding, after the word "seasons," the phrase "allowable fishing days per week", effective from 0001 hours local time, August 2, 1985 until 2400 hours local time, October 31, 1985.

(a) Fixed inseason management provisions. The secretary is authorized to take the following inseason management actions annually as appropriate. They are more specifically described in the appendix to this part, section III., together with the procedures for their implementation.

(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 Director to be reached on or by a certain date, the Secretary will, by publishing a notice in the FEDERAL REGISTER under § 661.23, 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.

(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, the Secretary will reopen that fishery in as timely a manner as possible for

all or part of the remaining original season provided the Secretary 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 publication of a notice in the FEDERAL REGISTER under § 661.23.

(3) Adjustment for error in preseason estimate. The Secretary may, by publication of a notice in the FEDERAL REGISTER under § 661.23, 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.

(b) Optional inseason management provisions. The following are optional inseason management provisions. They are more specifically described in the appendix to this part, section III., together with the procedures for their development, selection, and implementation. Whether one or more of these measures will be used during a particular season will be determined annually.

(1) Modification to coho quotas and seasons based on inseason reassessment of private hatchery contributions.

(2) Modifications to commercial coho quotas and seasons based on inseason assessment of coho hooking mortality during all-species seasons.

(3) Modifications to quotas and seasons based on inseason revisions to abundance estimates.

(4) Reduction in quotas and seasons due to unanticipated salmon catches in the territorial sea.

of quotas to

(5) Redistribution achieve an overall quota.

(6) Boundary modifications to promote attainment of quotas.

(7) Modification of recreational daily bag limits.

[49 FR 43682, Oct. 31, 1984, as amended at 50 FR 813, Jan. 7, 1985; 50 FR 4978, Feb. 5, 1985]

EFFECTIVE DATE NOTE: At 50 FR 31849, Aug. 7, 1985, an emergency interim rule was issued amending § 661.21 by adding paragraph (b)(8), effective from 0001 hours local time, August 2, 1985 until 2400 hours local time, October 31, 1985. For the convenience of the user, the emergency interim rule is set forth below.

§ 661.21 Inseason actions.

(b)

(8) Modification to number of allowable days of recreational fishing per week between the U.S.-Canada border and the U.S.Mexico border.

§ 661.22 Other actions.

Modifications to escapement goals. Escapement goals, together with criteria and procedures for their modification, are set forth in the Appendix to this part, Section IV. The Secretary is authorized to modify an escapement goal if

(a) A comprehensive technical review of the best scientific information available provides conclusive evidence which, in the view of the Salmon Plan Development Team and the Council, justifies modification of an escapement goal;

(b) For Oregon coastal chinook, specific stock goals are developed within the overall goal for south coast and north coast stocks respectively; or

(c) Action by a Federal court indicates that modification of an escapement goal is appropriate.

[50 FR 813, Jan. 7, 1985]

§ 661.23 Notice procedures.

(a) Actions taken under §§ 661.20, 661.21, and 661.22 will be by notice issued under this section and published in the FEDERAL REGISTER.

(b) The Secretary will publish the notice in the FEDERAL REGISTER and invite public comment prior to its effective date, except as provided in paragraph (c) of this section.

(c) If the Secretary determines, for good cause, that a notice must be issued without affording a prior opportunity for public comment, public comments on the notice will be received by the Secretary for a period of 15 days after the effective date of the notice.

(d) Effective dates. (1) Any notice issued under this section is effective on the date specified in the notice or on the date the notice is filed for public inspection with the Office of the Federal Register, whichever is later.

(2) Any notice issued under this section will remain in effect until the expiration date stated in the notice or until rescinded, modified, or superseded. However, no notice of an inseason action has any effect beyond the end of the calendar year in which it is issued.

(e) Availability of data. The Regional Director will compile in aggregate form all data and other information relevant to the action being taken and will make them available for public review during normal office hours at the Northwest Regional Office, National Marine Fisheries Service, 7600 Sand Point Way NE, Seattle, Washington. For actions affecting fisheries occurring primarily or exclusively in the fishery management area seaward of California, information relevent to the action also will be made available for public review during normal office hours at the Southwest Regional Office, National Marine Fisheries, 300 South Ferry Street, Terminal Island, California.

(f) Nothing contained in the part limits the authority of the Secretary to issue emergency regulations under section 305(e) of the Magnuson Act, if the Secretary determines that an emergency involving the salmon fishery exists. Such emergency regulations are effective upon filing for public inspection with the Office of the Federal Register.

[49 FR 43682, Oct. 31, 1984. Redesignated and amended at 50 FR 813, Jan. 7, 1985]

APPENDIX

I. INTRODUCTION

The regulations implementing the "Proposed Framework Plan for Managing the Ocean Salmon Fisheries off the Coasts of Washington, Oregon, and California Commencing in 1985" amend the Pacific Council's 1978 FMP to incorporate a flexible framework for setting preseason and inseason management measures without the need for a plan amendment. Under this framework amendment, certain principles and measures are fixed to provide a long-term management system, uhich cannot be altered without a plan amendment. Other measures are flexible and are determined before or during each season according to procedures specified in this document. The schedule for preseason modification of the

regulations is shortened under this framework amendment, requiring approximately 60 days from initiation of a resource status report to implementation of regulatory changes. The framework provisions for annual adjustments, both preseason and inseason, are explained below. More detail concerning this framework mechanism and the rationale for its various components are presented in Chapter 3 of the FMP.

II. ANNUAL CHANGES TO MANAGEMENT
SPECIFICATIONS

A. Schedule for Establishing or Adjusting Annual Management Specifications. The approximate schedule of events leading to the Secretary's annual management specifications is indicated below.

Approximate Date and Event

First week of March: The Council publishes a notice in the FEDERAL REGISTER announcing availability of documents, dates and locations of the two Council meetings to follow, dates and locations of public hearings, and the complete schedule for determining proposed and final management

measures.

Second week of March: The Council's Salmon Plan Development Team (Team) distributes a report to the Council, its advisors, and the public recommending specific management measures for the upcoming season.

Third week of March: The Team's report is reviewed at a joint meeting of the Council's Scientific and Statistical Committee, the Team, and the Salmon Advisory Subpanel.

Third week of March: The Council meets to act on proposed management measures. Last week of March: The Team distributes a report analyzing the impacts of the proposed annual management measures to the Council, its advisors, and the public. First week of April: Public hearings. Mid-April: The Council meets to adopt its final annual recommendations and submit them to the Secretary.

First week of May: A notice of Secretary's decision and final annual actions is published in the FEDERAL REGISTER. May 15: Close of public comment period.

B. Procedures for Establishing and Adjusting Annual Management Measures. 1. Allowable ocean harvest levels and quotas. The following procedures describe the annual process used by the Salmon Team in estimating the allowable ocean harvest levels based on biological considerations. The Council may modify these estimates based on socioeconomic data and analysis, in accordance with Magnuson Act requirements, to calculate the final allowable ocean harvest levels.

(a) Coho south of Leadbetter Point (Oregon Production Index Area). A preseason estimate will be made each year of the coho stock size in the Oregon Production Index Area (OPI) using the OPI abundance predictor (jack index and an independent estimate of the private hatchery catch contribution). The number of three-year-old adult coho in the OPI area for a given year will be predicted by the number of two-yearold jack coho returning to selected facilities the prior year using the most updated relationship of jacks to adults. A separate estimate will be made of fish of private hatchery origin contributing to the ocean catch in the OPI area based on the number of smolts released, the recent average survival rate, and the expected harvest rate (based on a recent observed rate) as follows:

Number of smolts released x estimated survival rate × estimated harvest rate of private hatchery fish associated with the harvest rate appropriate for the other OPI stocks coho.

=

expected catch of private hatchery

The total coho abundance in the OPI area will be determined by the sum of adults predicted by the OPI jack index and the expected private hatchery catch. The total allowable ocean coho harvest for the OPI area will be determined by subtracting the OPI ocean escapement goal from the total stock size estimate for the OPI area. The total allowable ocean harvest for OPI area then will be partitioned based on recent historical averages (and observed distribution patterns of private hatchery fish) into two areas: from Leadbetter Point to Cape Falcon, Oregon; and from Cape Falcon to the U.S.-Mexico border. The harvest may be partitioned further into specific subareas. The total allowable harvest, as well as the allowable harvest in individual subareas, may be modified to address conservation needs of Oregon coastal and Washington coastal coho.

(b) Coho north or Cape Falcon. Preseason abundance forecasts will be made for each stock based upon the best available forecasting techniques and consistent with forecasts made to establish preseason management plans for fisheries inside state waters. The Washinton Department of Fisheries/National Bureau of Standards (WDF/NBS) model will be adjusted to expected abundance levels by stocks. WDF/NBS model fishing rates will be adjusted to reflect anticipated regulations and exploitation rates asssociated with fisheries in Canada, Washington, Oregon, and California. Adult terminal run sizes will be estimated, in the absence of prior interceptions by fishermen subject to treaty Indian allocation requirements for management units with treaty obligations, using the WDF/NBS model. Treaty Indian and non-Indian harvest shares will be computed for each appropri

ate stock. The non-Indian troll and recreational quotas north or Cape Falcon will be computed with the WDF/NBS model based upon providing sufficient escapement from the ocean to provide for spawning escapement objectives and treaty shares of the weakest stocks. Separate quotas may be established for subareas within the area north of Cape Falcon. The allowable harvest in the area from Cape Falcon to Leadbetter Point will be established to address a blend of OPI and Washington state coho management considerations. Specific provisions for non-Indian fishery needs inside State waters may be built into the quotas. Ocean coho quotas will be defined as either the maximum total allowable harvest of all stocks, which will be be estimated prior to the fishing season using the WDF/NBS model based on the maximum allowable harvest impact on weak stocks, or, if tools to monitor the actual catch of the ueak stocks inseason become available, as the maximum allowable ocean harvest of the weak stocks only.

(c) California chinook. Chinook abundance will be estimated relative to the previous year or to an average by examining factors including, but not limited to, relative ocean abundance of two-year-old and threeyear-old chinook in the previous year, ocean escapements of two- and three-year-olds in key river systems in the previous year, magnitude of brood year escapements and hatchery releases, expected change in survival of hatchery fish due to changes in hatchery practices (e.g., time and location of release), and environmental factors (such as abundance of forage, floods and droughts). When a relative measure of expected chinook abundance is obtained, past management plans and their impact on escapements will be analyzed by simulation modeling to determine the appropriate harvest to meet the desired level of escapement for a four-year ocean management period. The appropriate fishing season dates which would likely produce that harvest then will be estimated after analysis of expected fishing effort. For fall chinook salmon, the end of the season will be set at the time when most maturing fish have left the ocean in order to avoid problems of hooking fish which legally must be released and to increase poundage yield by allowing all immature fish to grow be harvested in the following year.

(d) Oregon coastal chinook south of Cape Falcon. A relative measure of stock abundance will be derived based on factors including, but not limited to, brood year escapement levels contributing to the year's fishery, catch levels in prior years, ocean assessment of two- and three-year-old chinook in previous years, relative age composition in prior years, environmental conditions,