Coastal fishermen are facing a possible season closure. They have submitted the following petition stating that all fish returning to the Klamath are to be counted equal, regardless of spawning in the gravel, or spawning in a hatchery.

A formal petition submitted by all Chinook fisherman and effected party’s to amend the fisheries management plan:

Where as the National Marine Fishery Service and the Pacific Chinook Fishery Management plan only recognizes naturally spawning Chinook salmon to meet the floor requirements of 35,000 returning Chinook salmon, we do hereby submit. 

That all Chinook Salmon returning to the Klamath River be held equal and counted regularly, regardless of their origin, spawning method, or age.

Where as:The Magnuson Act defines the term "fishery" as

 (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and
 
 (B) any fishing for such stocks.
 
16 U.S.C. § 1802(13).  A "stock of fish" is "a species, subspecies, geographical grouping, or other category of fish capable of management as a unit."  16 U.S.C. § 1802(37).  National Standard Three of the Magnuson Act states the Council must manage, to the extent practicable, an individual stock of fish as a unit throughout its range and interrelated stocks of fish as a unit or in close coordination. 16 U.S.C. § 1851(a)(3).

    Accordingly, the Magnuson Act obligates the Council to develop fishery management plans and plan amendments concerning whole fisheries or stocks of fish based on equal consideration of all members of a fishery or stock of fish.  But, in the case of the Pacific Chinook fishery and the Klamath River fall Chinook stock, the Council developed in 1989 an amendment to the Pacific Chinook Fishery Management Plan which selectively considers only a portion of the Klamath River fall Chinook stock-those that will spawn naturally-and which operates in some years to unnecessarily restrict the entire Pacific Chinook commercial troller fishery on the basis of those selected Chinook.

    The 1989 Amendment requires that 35,000 Klamath River fall Chinook escape the harvest to spawn naturally, allegedly whether the Chinook are of naturally spawned or hatchery origin.  Nonetheless, the 1989 Amendment fails to manage the Pacific Chinook commercial troller fishery on the basis of the whole stock of Klamath River fall Chinook.

    As a result, the 1989 Amendment contradicts the Magnuson Act provisions noted above and exceeds the Council's Magnuson Act authority because the 1989 Amendment distinguishes the Pacific Chinook fishery and Klamath River fall Chinook stock on a basis not provided for under the Magnuson Act-specifically, by distinguishing between Klamath River fall Chinook that will return to spawn naturally and Chinook that will be collected by hatcheries.  In sum, because the best scientific information available establishes that Chinook that spawn naturally and Chinook that are collected by hatcheries are the same species that consist of the same stock of fish, the Council must manage them together as a unit or in close coordination rather than, in essence, as separate stocks.

    The 1989 Amendment operates to restrict unnecessarily the Chinook commercial harvest.  For example, the Council restricted the 2005 Chinook commercial harvest for the purpose of obtaining a naturally spawning escapement of 35,000 Klamath River fall Chinook, meaning that a minimum of 35,000 Klamath River fall Chinook must escape the ocean harvest and return to spawn naturally in the Klamath River.  The Council focused on only those Klamath River fall Chinook that would spawn naturally, to the exclusion of Klamath River fall Chinook that would return to the Klamath River and be collected at hatcheries.

    Of course, given that all Klamath River fall Chinook-both those that will spawn naturally and those collected by hatcheries-constitute the same species swimming side-by-side as part of the same fishery and stock of fish, "35,000 Klamath River fall Chinook that will spawn naturally" can not be separated out as an individual fishery or stock of fish.  Instead, "Klamath River fall Chinook that will spawn naturally" is a sub-entity not recognized-and, most importantly, not authorized-by the Magnuson Act.

    Accordingly, in order to ensure the Council's management of the Pacific Chinook fishery and the Klamath River fall Chinook stock complies with the Magnuson Act, the Council is hereby petitioned to amend the Pacific Chinook Fishery Management Plan to require a Klamath River fall Chinook escapement of merely 35,000 Klamath River fall Chinook-regardless of their origin, spawning method, or age.
 
     In addition, as a result of the Council's focus on only those Klamath River fall Chinook that will spawn naturally, Chinook commercial troller fishermen are suffering from their inability to fish for a living and provide for their families.  Commercial troller fishermen have families, mortgages, car payments, fishing vessel payments, and expenses related to fuel and fishing gear.  They depend on income from their fishing businesses to cover their businesses' and family's financial obligations.

    But, in addition to financial hardship, the Council's focus on only those Klamath River fall Chinook that will spawn naturally also imposes personal hardships on commercial troller fishermen, such as separation from their families.  Because the Council's naturally spawning requirement often closes the fishing season where commercial troller fishermen normally fish, the Council's requirement often forces the commercial troller fishermen to travel to the few remaining areas that are open for a slightly longer time in an effort to realize any income.

    Similarly, the Council's focus on only those Klamath River fall Chinook that will spawn naturally devastates not only the actual commercial troller fishermen, but also the businesses in the commercial troller fishing industry that depend on the fishermen to remain viable.  The Council's naturally spawning requirement, by artificially reducing the Chinook commercial harvest and season, reduces the demand for business products and service because commercial troller fishermen no longer have the income, for example, to perform necessary vessel safety maintenance.

    Finally, commercial troller fishermen fear for their safety as a result of the Council's requirement.  Because the Council artificially shortens the fishing season it causes a derby fishery, a situation which places the vessels and their crews in grave danger by increasing the risk of accidents between vessels and putting tremendous pressure on smaller vessels to fish in inclement weather for which they are unsuited and unsafe.  In short, the Council causes commercial troller fishermen to race to catch as many fish as possible during the unnecessarily shortened season, even during inclement weather in which they would otherwise not fish.  Many vessels often race to the same general area, resulting in dangerously crowded conditions.

    In sum, the Council's focus on solely Klamath River fall Chinook that will spawn naturally forces commercial troller fishermen to unwillingly engage in and undertake substantial safety risks in order to provide for themselves and their families-risks they would not otherwise take or face but for the Council's requirement.  Thus, in addition to contradicting the Magnuson Act's terms and exceeding the Council's Magnuson Act authority, the Council's 1989 Amendment threatens annually to put many of commercial troller fishermen out of business, and threatens their lives by placing them in extreme danger and unsafe conditions.  For these additional reasons, the Council is hereby petitioned to amend the Pacific Chinook Fishery Management Plan to require a Klamath River fall Chinook escapement of merely 35,000 Klamath River fall Chinook-regardless of their origin, spawning method, or age.

James C Moore

Scott Cook

Jeff Reeves
Commercial Salmon Troller

Commercial Salmon Troller

Vice Chair Oregon Salmon Comm

Commercial Salmon Troller