660.410—Conservation objectives.
(b) Modification of escapement goals.
NMFS is authorized, through an action issued under § 660.411, to modify an escapement goal if—
(1)
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: except that the 35,000 natural spawner floor and the de minimis fishing provisions for Klamath River fall Chinook may be changed only by amendment.
(2)
For Oregon coastal chinook, specific goals are developed within the overall goal for north coast and south coast stocks; or
(c)
The annual management measures will be consistent with NMFS jeopardy standards or NMFS recovery plans for species listed under the Endangered Species Act.
(d)
Within the Cape Falcon to Point Sur area, the Council may allow de minimis fisheries which: permit an ocean impact rate of no more than 10 percent on age-4 Klamath River fall Chinook, if the projected natural spawning escapement associated with a 10 percent age-4 ocean impact rate, including river recreational and tribal impacts, is between the conservation objective (35,000) and 22,000. If the projected natural escapement associated with a 10 percent age-4 ocean impact rate is less than 22,000, the Council shall further reduce the allowable age-4 ocean impact rate to reflect the status of the stock. 1
Code of Federal Regulations
Footnote(s): 1 NMFS interprets that, consistent with the de minimis provisions of the FMP, the maximum allowable 10 percent age-4 ocean impact rate may be implemented only when the anticipated escapement is near the 35,000 natural spawner floor. As escapement falls below approximately 30,000, the impact rate will need to decline automatically.
(1)
When recommending an allowable age-4 ocean impact rate, the Council shall consider the following year specific circumstances:
(i)
The potential for critically low natural spawner abundance, including the risk of Klamath Basin substocks dropping below crucial genetic thresholds;
(2)
The Klamath River fall Chinook age-4 ocean impact rate must not jeopardize the long term capacity of the stock to produce maximum sustainable yield on continuing basis.
[61 FR 34572, July 2, 1996, as amended at 62 FR 35451, July 1, 1997; 66 FR 29241, May 30, 2001; 73 FR 9964, Feb. 25, 2008]