80 FR 19034 - Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Midwater Trawl Fishery Season Date Change
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 68 (April 9, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 68 (April 9, 2015)
| Page Range | 19034-19036 | |
| FR Document | 2015-08194 |
[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)] [Rules and Regulations] [Pages 19034-19036] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08194] [[Page 19034]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 141222999-5322-02] RIN 0648-BE72 Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Midwater Trawl Fishery Season Date Change AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action implements revisions to the Pacific Coast Groundfish Trawl Rationalization Program affecting the limited entry midwater trawl fisheries managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). This action revises the primary season- opening date for the Shorebased Individual Fishing Quota (IFQ) Program midwater trawl fishery (targeting both whiting and non-whiting species) to May 15 north of 40[deg]30' N. lat. to the U.S./Canada border. This moves the season a month earlier for waters off the coasts of Washington and Oregon, and a month and half later for waters off the coast of northern California (north of 40[deg]30' N. lat.). This action increases consistency in the season start date along the coast and between the shorebased and at-sea midwater trawl fleets. DATES: Effective May 15, 2015. ADDRESSES: NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which is summarized in the Classification section of this final rule. NMFS also prepared an Initial Regulatory Flexibility Analysis (IRFA) for the proposed rule. Copies of the IRFA, FRFA and the Small Entity Compliance Guide are available from William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; or by phone at 206-526-6150. Copies of the Small Entity Compliance Guide are available on the West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Jamie Goen, 206-526-4656, [email protected]. SUPPLEMENTARY INFORMATION: Background Since implementing the trawl rationalization program in 2011, the Pacific Fishery Management Council (Council) and NMFS have been working to implement additional regulatory changes to further improve the trawl rationalization program and respond to industry requests. Changing the midwater trawl fishery season date will further increase consistency in the season start date along the coast and between the shorebased and at-sea midwater trawl fleets. This action revises the primary season- opening date for the Shorebased IFQ Program midwater trawl fishery (targeting both whiting and non-whiting species) to May 15 north of 40[deg]30' N. lat. to the U.S./Canada border. This moves the season a month earlier for waters off the coasts of Washington and Oregon, and a month and half later for waters off the coast of northern California (north of 40[deg]30' N. lat.). NMFS published a proposed rule for this action on February 17, 2015 (80 FR 8280). The preamble to the proposed rule provided more background and information on the history of season date changes in the groundfish midwater trawl fisheries, as well as expected impacts. The preamble to the proposed rule also described the re-emerging midwater trawl fishery targeting groundfish species other than Pacific whiting (non-whiting midwater trawl). The season date change in this action applies to all midwater trawling in the Shorebased IFQ Program, whether targeting whiting or non-whiting groundfish species. Response to Comments The comment period on the proposed rule ended March 19, 2015. NMFS received one comment letter (with three separate comments) on the proposed rule from a fishing industry organization. Comment 1: The commenter stated industry support for the midwater season date change as proposed. It provides more flexibility for harvesters and processors to make their own business plans and taking in to consideration markets, weather, and participation in other fisheries. It also equalizes opportunity between whiting sectors (at- sea and shorebased) and simplifies regulations. The commenter urged the importance of this action being effective by May 15, 2015, to provide the expected benefits to industry this year. Response: NMFS agrees and is implementing the proposed change to be effective on May 15, 2015. Comment 2: The commenter noted that they did not expect increased impacts on prohibited species, such as salmon, because of this season date change. They also stated that both the at-sea and shorebased whiting fishery participants have actively taken steps to reduce their interactions with prohibited species, including voluntary actions through their harvesting cooperatives to share information and reduce salmon interactions. Response: NMFS agrees that there is not expected to be a significant impact to prohibited species, such as salmon, as a result of this action as explained further in the preamble to the proposed rule and in the associated environmental assessment. NMFS will continue to track prohibited and protected species bycatch in groundfish fisheries, including inseason monitoring of Chinook salmon bycatch. In an effort to further support industry's voluntary efforts to reduce bycatch, NMFS will provide the public with inseason estimates of Chinook bycatch in trawl fisheries. Inseason catch of Chinook salmon in at-sea fisheries is already publicly available in a report titled ``NWR At-Sea Pacific Whiting Fishery Summary'', which can be found on the Pacific States Marine Fisheries Commission Web site at http://pacfin.psmfc.org/pacfin_pub/data.php. In the spring of 2015, NMFS will also begin providing inseason estimates of Chinook bycatch in shorebased trawl fisheries on the Pacific States Marine Fisheries Commission Web site. NMFS supports industry's voluntary efforts to track their bycatch, share information, and take appropriate actions to reduce bycatch. Comment 3: The commenter stated that, in addition to increased total allowable catches for widow and yellowtail rockfish (non-whiting species) in 2015 and 2016, the season date change will allow more opportunity for non-whiting midwater fishing, which should increase revenue in coastal communities and provide a greater net benefit to the nation. Response: NMFS supports efforts to build and maintain resilient and vibrant coastal communities while also balancing conservation of marine resources. Changes From the Proposed Rule There are no changes to the regulatory text from the proposed rule. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the NMFS Assistant [[Page 19035]] Administrator has determined that this rule is consistent with the Pacific Coast Groundfish FMP, other provisions of the MSA, and other applicable law. The Council prepared an environmental assessment (EA) for this action and the NMFS Assistant Administrator concluded in a ``Finding of No Significant Impact'' that there will be no significant impact on the human environment as a result of this rule. The EA is available on the Council's Web site at http://www.pcouncil.org/ or on NMFS' Web site at http://www.nwr.noaa.gov/Groundfish-Halibut/Groundfish-Fishery-Management/Trawl-Program/index.cfm. This final rule has been determined to be not significant for purposes of Executive Order 12866. A final regulatory flexibility analysis (FRFA) was prepared and incorporates the initial regulatory flexibility analysis (IRFA). A summary of the significant issues raised by the public comments in response to the IRFA, and NMFS' responses to those comments, and a summary of the analyses completed to support the action are addressed below. NMFS also prepared a Regulatory Impact Review (RIR) for this action. A copy of the RIR/FRFA is available from NMFS (see ADDRESSES). A summary of the FRFA, per the requirements of 5 U.S.C. 604(a) follows: The SBA has established size criteria for all major industry sectors in the United States, including fish harvesting and fish processing businesses. A business involved in fish harvesting is a small business if it is independently owned and operated and not dominant in its field of operation (including its affiliates) and if it has combined annual receipts not in excess of $20.5 million for all its affiliated operations worldwide. For marinas and charter/party boats, a small business is one with annual receipts not in excess of $7.5 million. For purposes of rulemaking, NMFS is also applying the $20.5 million standard to catcher/processors (C/Ps) because they are involved in the commercial harvest of finfish. A seafood processor is a small business if it is independently owned and operated, not dominant in its field of operation, and employs 500 or fewer persons on a full time, part time, temporary, or other basis, at all its affiliated operations worldwide. A wholesale business servicing the fishing industry is a small business if it employs 100 or fewer persons on a full time, part time, temporary, or other basis, at all its affiliated operations worldwide. A small organization is any nonprofit enterprise that is independently owned and operated and is not dominant in its field. A small governmental jurisdiction is a government of a city, county, town, township, village, school district, or special district with a population of less than 50,000. This action revises the primary season opening date for the Shorebased IFQ Program midwater trawl fishery (targeting both whiting and non-whiting species) to May 15 north of 40[deg]30' N. lat. to the U.S./Canada border. This moves the season a month earlier for waters off the coasts of Washington and Oregon (from June 15 to May 15), and a month and half later for waters off the cost of northern California (north of 40[deg]30' N. lat.) (from April 1 to May 15), increasing consistency in the season start date along the coast and between the shorebased and at-sea midwater trawl fleets. NMFS did not receive any public comments directly related to the IRFA. One public comment did indicate that the change should result in greater revenue to the local fishing communities. This rule affects shorebased midwater trawlers in the trawl rationalization program and the processors that receive their product. During the 2011 to 2014 period, 30 midwater trawl vessels delivered to 10 shoreside processing plants in this fishery. Some vessels share common ownership, other vessels are owned by processing companies, and some companies own multiple processing plants. After accounting for these relationships, there are 26 entities that have participated in the fishery, 22 of which are small entities, based on NMFS' review of available information. There are no significant alternatives that accomplish the stated objectives of applicable statutes and that minimize the impact of the rule on small entities. Most entities affected by this rule are small entities (22 out of 26). An earlier shorebased season will increase the choices available for the Northern fishery (off Oregon and Washington), providing an opportunity to improve business decisions and potential profits from the fishery. For the Central Area fishery, there would be a contraction in flexibility to harvest from April 1 to May 15. Reducing the season in the Central fishery may have a chilling effect on the potential growth in the fishery. However, data for 2011 through 2014 shows that no midwater trawl gear harvest occurred in this area under the IFQ program. There are no new Federal reporting and recordkeeping requirements associated with this action. There are no relevant Federal rules that may duplicate, overlap, or conflict with this action. Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ``small entity compliance guides.'' The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a small entity compliance guide (the guide) was prepared. Copies of this final rule are available from the West Coast Regional Office, and the guide will be included in a public notice sent to all members of the groundfish email group. To sign-up for the groundfish email group, click on the ``subscribe'' link on the following Web site: http://www.westcoast.fisheries.noaa.gov/publications/fishery_management/groundfish/public_notices/recent_public_notices.html. The guide and this final rule will also be available on the West Coast Region's Web site (see ADDRESSES) and upon request. NMFS issued Biological Opinions under the Endangered Species Act (ESA) on August 10, 1990, November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, and December 15, 1999, pertaining to the effects of the Groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River spring/summer, Snake River fall, upper Columbia River spring, lower Columbia River, upper Willamette River, Sacramento River winter, Central Valley spring, California coastal), coho salmon (Central California coastal, southern Oregon/northern California coastal), chum salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake River, Ozette Lake), and steelhead (upper, middle and lower Columbia River, Snake River Basin, upper Willamette River, central California coast, California Central Valley, south/central California, northern California, southern California). These biological opinions have concluded that implementation of the FMP is not expected to jeopardize the continued existence of any endangered or threatened species under the jurisdiction of NMFS, or result in the destruction or adverse modification of critical habitat. NMFS issued a Supplemental Biological Opinion on March 11, 2006, concluding that neither the higher observed bycatch of Chinook in the 2005 whiting fishery nor new data regarding salmon bycatch in the groundfish bottom trawl fishery [[Page 19036]] required a reconsideration of its prior ``no jeopardy'' conclusion. NMFS also reaffirmed its prior determination that implementation of the FMP is not likely to jeopardize the continued existence of any of the affected ESUs. Lower Columbia River coho (70 FR 37160, June 28, 2005) and Oregon Coastal coho (73 FR 7816, February 11, 2008) were relisted as threatened under the ESA. The 1999 biological opinion concluded that the bycatch of salmonids in the Pacific whiting fishery were almost entirely Chinook salmon, with little or no bycatch of coho, chum, sockeye, and steelhead. NMFS has reinitiated section 7 consultation on the Pacific Coast Groundfish FMP with respect to its effects on listed salmonids. In the event the consultation identifies either reasonable and prudent alternatives to address jeopardy concerns, or reasonable and prudent measures to minimize incidental take, NMFS would coordinate with the Council to put additional alternatives or measures into place, as required. After reviewing the available information, NMFS has concluded that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action will not jeopardize any listed species, would not adversely modify any designated critical habitat, and will not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures. On December 7, 2012, NMFS completed a biological opinion concluding that the groundfish fishery is not likely to jeopardize non-salmonid marine species, including listed eulachon, the southern distinct population segment (DPS) of green sturgeon, humpback whales, the eastern DPS of Steller sea lions, and leatherback sea turtles. The opinion also concluded that the fishery is not likely to adversely modify critical habitat for green sturgeon and leatherback sea turtles. An analysis included in the same document as the opinion concludes that the fishery is not likely to adversely affect green sea turtles, olive ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific right whales, blue whales, fin whales, sperm whales, Southern Resident killer whales, Guadalupe fur seals, or the critical habitat for Steller sea lions. Since that biological opinion, the eastern DPS of Steller sea lions was delisted on November 4, 2013 (78 FR 66140); however, this delisting did not change the designated critical habitat for the eastern DPS of Steller sea lions. On January 21, 2013, NMFS informally consulted on the fishery's effects on eulachon to consider whether the 2012 opinion should be reconsidered for eulachon in light of new information from the 2011 fishery and the proposed chafing gear modifications. NMFS determined that information about bycatch of eulachon in 2011 and chafing gear regulations did not change the effects that were analyzed in the December 7, 2012, biological opinion, or provide any other basis to reinitiate consultation. On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) issued a biological opinion concluding that the groundfish fishery will not jeopardize the continued existence of the short-tailed albatross. The FWS also concurred that the fishery is not likely to adversely affect the marbled murrelet, California least tern, southern sea otter, bull trout, nor bull trout critical habitat. West Coast pot fisheries for sablefish are considered Category II fisheries under the Marine Mammal Protection Act (MMPA), indicating occasional interactions. All other West Coast groundfish fisheries, including the trawl fishery, are considered Category III fisheries under the MMPA, indicating a remote likelihood of or no known serious injuries or mortalities to marine mammals. MMPA section 101(a)(5)(E) requires that NMFS authorize the taking of ESA-listed marine mammals incidental to U.S. commercial fisheries if it makes the requisite findings, including a finding that the incidental mortality and serious injury from commercial fisheries will have a negligible impact on the affected species or stock. As noted above, NMFS concluded in its biological opinion for the 2012 groundfish fisheries that these fisheries were not likely to jeopardize Steller sea lions or humpback whales. The eastern distinct population segment of Steller sea lions was delisted under the ESA on November 4, 2013 (78 FR 66140). On September 4, 2013, based on its negligible impact determination dated August 28, 2013, NMFS issued a permit for a period of 3 years to authorize the incidental taking of humpback whales by the sablefish pot fishery (78 FR 54553). List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian fisheries. Dated: April 6, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons stated in the preamble, 50 CFR part 660 is amended as follows: PART 660--FISHERIES OFF WEST COAST STATES 0 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 0 2. In Sec. 660.131, revise paragraph (b)(2)(iii)(C) to read as follows: Sec. 660.131 Pacific whiting fishery management measures. * * * * * (b) * * * (2) * * * (iii) * * * (C) Shorebased IFQ Program. The start of the Shorebased IFQ Program primary whiting season is: (1) North of 40[deg]30' N. lat.--May 15; (2) South of 40[deg]30' N. lat.--April 15. * * * * * [FR Doc. 2015-08194 Filed 4-8-15; 8:45 am] BILLING CODE 3510-22-P
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DEPARTMENT OF COMMERCE Background Comment 2: The commenter noted
Since implementing the trawl that they did not expect increased
National Oceanic and Atmospheric impacts on prohibited species, such as
rationalization program in 2011, the
Administration salmon, because of this season date
Pacific Fishery Management Council
(Council) and NMFS have been working change. They also stated that both the
50 CFR Part 660 at-sea and shorebased whiting fishery
to implement additional regulatory
changes to further improve the trawl participants have actively taken steps to
[Docket No. 141222999–5322–02] reduce their interactions with
rationalization program and respond to
prohibited species, including voluntary
industry requests. Changing the
RIN 0648–BE72 actions through their harvesting
midwater trawl fishery season date will
cooperatives to share information and
further increase consistency in the
Fisheries off West Coast States; reduce salmon interactions.
season start date along the coast and Response: NMFS agrees that there is
Pacific Coast Groundfish Fishery;
between the shorebased and at-sea not expected to be a significant impact
Trawl Rationalization Program;
midwater trawl fleets. This action to prohibited species, such as salmon, as
Midwater Trawl Fishery Season Date
revises the primary season-opening date a result of this action as explained
Change
for the Shorebased IFQ Program further in the preamble to the proposed
AGENCY: National Marine Fisheries midwater trawl fishery (targeting both rule and in the associated
Service (NMFS), National Oceanic and whiting and non-whiting species) to environmental assessment. NMFS will
Atmospheric Administration (NOAA), May 15 north of 40°30′ N. lat. to the continue to track prohibited and
Commerce. U.S./Canada border. This moves the protected species bycatch in groundfish
ACTION: Final rule. season a month earlier for waters off the fisheries, including inseason monitoring
coasts of Washington and Oregon, and of Chinook salmon bycatch. In an effort
SUMMARY: This action implements a month and half later for waters off the to further support industry’s voluntary
revisions to the Pacific Coast coast of northern California (north of efforts to reduce bycatch, NMFS will
Groundfish Trawl Rationalization 40°30′ N. lat.). provide the public with inseason
Program affecting the limited entry NMFS published a proposed rule for estimates of Chinook bycatch in trawl
midwater trawl fisheries managed under this action on February 17, 2015 (80 FR fisheries. Inseason catch of Chinook
the Pacific Coast Groundfish Fishery 8280). The preamble to the proposed salmon in at-sea fisheries is already
Management Plan (FMP). This action rule provided more background and publicly available in a report titled
revises the primary season-opening date information on the history of season ‘‘NWR At-Sea Pacific Whiting Fishery
for the Shorebased Individual Fishing date changes in the groundfish Summary’’, which can be found on the
Quota (IFQ) Program midwater trawl midwater trawl fisheries, as well as Pacific States Marine Fisheries
fishery (targeting both whiting and non- expected impacts. The preamble to the Commission Web site at http://
whiting species) to May 15 north of proposed rule also described the re- pacfin.psmfc.org/pacfin_pub/data.php.
40°30′ N. lat. to the U.S./Canada border. emerging midwater trawl fishery In the spring of 2015, NMFS will also
This moves the season a month earlier targeting groundfish species other than begin providing inseason estimates of
for waters off the coasts of Washington Pacific whiting (non-whiting midwater Chinook bycatch in shorebased trawl
and Oregon, and a month and half later trawl). The season date change in this fisheries on the Pacific States Marine
for waters off the coast of northern action applies to all midwater trawling Fisheries Commission Web site. NMFS
California (north of 40°30′ N. lat.). This in the Shorebased IFQ Program, whether supports industry’s voluntary efforts to
action increases consistency in the targeting whiting or non-whiting track their bycatch, share information,
season start date along the coast and groundfish species. and take appropriate actions to reduce
between the shorebased and at-sea bycatch.
Response to Comments
midwater trawl fleets. Comment 3: The commenter stated
DATES: Effective May 15, 2015. The comment period on the proposed that, in addition to increased total
rule ended March 19, 2015. NMFS allowable catches for widow and
ADDRESSES: NMFS prepared a Final
received one comment letter (with three yellowtail rockfish (non-whiting
Regulatory Flexibility Analysis (FRFA), separate comments) on the proposed
which is summarized in the species) in 2015 and 2016, the season
rule from a fishing industry date change will allow more
Classification section of this final rule. organization.
NMFS also prepared an Initial opportunity for non-whiting midwater
Comment 1: The commenter stated
Regulatory Flexibility Analysis (IRFA) fishing, which should increase revenue
industry support for the midwater
for the proposed rule. Copies of the in coastal communities and provide a
season date change as proposed. It
IRFA, FRFA and the Small Entity greater net benefit to the nation.
provides more flexibility for harvesters Response: NMFS supports efforts to
Compliance Guide are available from and processors to make their own
William W. Stelle, Jr., Regional build and maintain resilient and vibrant
business plans and taking in to coastal communities while also
Administrator, West Coast Region, consideration markets, weather, and
NMFS, 7600 Sand Point Way NE., balancing conservation of marine
participation in other fisheries. It also resources.
Seattle, WA 98115–0070; or by phone at equalizes opportunity between whiting
206–526–6150. Copies of the Small sectors (at-sea and shorebased) and Changes From the Proposed Rule
Entity Compliance Guide are available simplifies regulations. The commenter
on the West Coast Region’s There are no changes to the regulatory
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urged the importance of this action text from the proposed rule.
Web site at http:// being effective by May 15, 2015, to
www.westcoast.fisheries.noaa.gov/. provide the expected benefits to Classification
FOR FURTHER INFORMATION CONTACT: industry this year. Pursuant to section 304(b)(1)(A) of the
Jamie Goen, 206–526–4656, Response: NMFS agrees and is Magnuson-Stevens Fishery
jamie.goen@noaa.gov. implementing the proposed change to Conservation and Management Act
SUPPLEMENTARY INFORMATION: be effective on May 15, 2015. (MSA), the NMFS Assistant
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![19036 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations
required a reconsideration of its prior fishery is not likely to adversely affect negligible impact on the affected species
‘‘no jeopardy’’ conclusion. NMFS also green sea turtles, olive ridley sea turtles, or stock. As noted above, NMFS
reaffirmed its prior determination that loggerhead sea turtles, sei whales, North concluded in its biological opinion for
implementation of the FMP is not likely Pacific right whales, blue whales, fin the 2012 groundfish fisheries that these
to jeopardize the continued existence of whales, sperm whales, Southern fisheries were not likely to jeopardize
any of the affected ESUs. Lower Resident killer whales, Guadalupe fur Steller sea lions or humpback whales.
Columbia River coho (70 FR 37160, June seals, or the critical habitat for Steller The eastern distinct population segment
28, 2005) and Oregon Coastal coho (73 sea lions. Since that biological opinion, of Steller sea lions was delisted under
FR 7816, February 11, 2008) were the eastern DPS of Steller sea lions was the ESA on November 4, 2013 (78 FR
relisted as threatened under the ESA. delisted on November 4, 2013 (78 FR 66140). On September 4, 2013, based on
The 1999 biological opinion concluded 66140); however, this delisting did not its negligible impact determination
that the bycatch of salmonids in the change the designated critical habitat for dated August 28, 2013, NMFS issued a
Pacific whiting fishery were almost the eastern DPS of Steller sea lions. On permit for a period of 3 years to
entirely Chinook salmon, with little or January 21, 2013, NMFS informally authorize the incidental taking of
no bycatch of coho, chum, sockeye, and consulted on the fishery’s effects on humpback whales by the sablefish pot
steelhead. eulachon to consider whether the 2012 fishery (78 FR 54553).
NMFS has reinitiated section 7 opinion should be reconsidered for
consultation on the Pacific Coast eulachon in light of new information List of Subjects in 50 CFR Part 660
Groundfish FMP with respect to its from the 2011 fishery and the proposed Fisheries, Fishing, and Indian
effects on listed salmonids. In the event chafing gear modifications. NMFS fisheries.
the consultation identifies either determined that information about
reasonable and prudent alternatives to bycatch of eulachon in 2011 and chafing Dated: April 6, 2015.
address jeopardy concerns, or gear regulations did not change the Eileen Sobeck,
reasonable and prudent measures to effects that were analyzed in the Assistant Administrator for Fisheries,
minimize incidental take, NMFS would December 7, 2012, biological opinion, or National Marine Fisheries Service.
coordinate with the Council to put provide any other basis to reinitiate For the reasons stated in the
additional alternatives or measures into consultation. preamble, 50 CFR part 660 is amended
place, as required. After reviewing the On November 21, 2012, the U.S. Fish as follows:
available information, NMFS has and Wildlife Service (FWS) issued a
concluded that, consistent with sections biological opinion concluding that the PART 660—FISHERIES OFF WEST
7(a)(2) and 7(d) of the ESA, this action groundfish fishery will not jeopardize COAST STATES
will not jeopardize any listed species, the continued existence of the short-
would not adversely modify any tailed albatross. The FWS also ■ 1. The authority citation for part 660
designated critical habitat, and will not concurred that the fishery is not likely continues to read as follows:
result in any irreversible or irretrievable to adversely affect the marbled murrelet, Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
commitment of resources that would California least tern, southern sea otter, 773 et seq., and 16 U.S.C. 7001 et seq.
have the effect of foreclosing the bull trout, nor bull trout critical habitat.
formulation or implementation of any West Coast pot fisheries for sablefish ■ 2. In § 660.131, revise paragraph
reasonable and prudent alternative are considered Category II fisheries (b)(2)(iii)(C) to read as follows:
measures. under the Marine Mammal Protection
§ 660.131 Pacific whiting fishery
On December 7, 2012, NMFS Act (MMPA), indicating occasional management measures.
completed a biological opinion interactions. All other West Coast
concluding that the groundfish fishery groundfish fisheries, including the trawl * * * * *
is not likely to jeopardize non-salmonid fishery, are considered Category III (b) * * *
marine species, including listed fisheries under the MMPA, indicating a (2) * * *
eulachon, the southern distinct remote likelihood of or no known (iii) * * *
population segment (DPS) of green serious injuries or mortalities to marine (C) Shorebased IFQ Program. The
sturgeon, humpback whales, the eastern mammals. MMPA section 101(a)(5)(E) start of the Shorebased IFQ Program
DPS of Steller sea lions, and leatherback requires that NMFS authorize the taking primary whiting season is:
sea turtles. The opinion also concluded of ESA-listed marine mammals
that the fishery is not likely to adversely incidental to U.S. commercial fisheries (1) North of 40°30′ N. lat.—May 15;
modify critical habitat for green if it makes the requisite findings, (2) South of 40°30′ N. lat.—April 15.
sturgeon and leatherback sea turtles. An including a finding that the incidental * * * * *
analysis included in the same document mortality and serious injury from [FR Doc. 2015–08194 Filed 4–8–15; 8:45 am]
as the opinion concludes that the commercial fisheries will have a BILLING CODE 3510–22–P
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Document Created: 2015-12-18 11:23:43
Document Modified: 2015-12-18 11:23:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective May 15, 2015. | |
| Contact | Jamie Goen, 206-526-4656, [email protected] | |
| FR Citation | 80 FR 19034 | |
| RIN Number | 0648-BE72 | |
| CFR Associated | Fisheries; Fishing and Indian Fisheries |
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