81 FR 10593 - Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 40 (March 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 40 (March 1, 2016)
| Page Range | 10593-10595 | |
| FR Document | 2016-04368 |
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)] [Notices] [Pages 10593-10595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04368] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE298 Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The Regional Administrator, NMFS West Coast Region, has determined that an application for an exempted fishing permit (EFP) warrants further consideration and requests public comment on the application. The application requests a 2-year exemption from prohibitions under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) to test the effects and efficacy of using modified drift gillnet (DGN) gear to fish for swordfish and other highly migratory species (HMS) off the U.S. West Coast in the Pacific Leatherback Conservation Area (PLCA) when environmental conditions are favorable during the PLCA closure period. DATES: Comments must be submitted in writing by March 31, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0063, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0063, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. EFP applications will be available under Relevant Documents through the same link. Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2015-0063'' in the comments. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter [[Page 10594]] ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast Region, 562-980-4198. SUPPLEMENTARY INFORMATION: On July 2, 2014, the Pacific Fishery Management Council (Council) solicited EFP proposals \1\ to test alternative gears to large-mesh drift gillnet and/or new approaches or methods for targeting swordfish and other HMS off the U.S. West Coast. In response, the Alliance of Communities for Sustainable Fisheries (ACSF) submitted an application that, in summary, proposes to fish in the PLCA using two DGN vessels, with 60 sets per vessel and 100% monitoring, from August 15 to November 15. The PLCA, located off the coast of California and Oregon, is an area closed to DGN fishing annually from August 15 to November 15 under the HMS FMP (50 CFR 660.713(c)), and is bounded by straight lines connecting the following coordinates in the order listed: Point Sur at 36[deg]18.5' N. lat., to 34[deg]27' N. lat. 123[deg]35' W. long., to 34[deg]27' N. lat. 129[deg] W. long., to 45[deg] N. lat. 129[deg] W. long., and then to the point where 45[deg] N. lat. intersects the Oregon coast. This application contemplates that the two commercial fishing vessels would be exempt from the PLCA closure period, and applicants would have access to this area when favorable oceanographic conditions (e.g., sea surface temperature, prey abundance) are present. The EFP would test whether these triggers could result in increased swordfish catch and decreased bycatch. Vessels fishing under an EFP would be subject to all other regulations implementing the HMS FMP, including measures to protect sea turtles and marine mammals. The applicants requested issuance of an EFP for two fishing seasons or two calendar years. The Council discussed the merits of the application at its March 2015 meeting and concluded that obtaining additional information was warranted.\2\ --------------------------------------------------------------------------- \1\ http://www.pcouncil.org/wp-content/uploads/HMS_EFP_Notice_Letter_July2014.pdf. \2\ http://www.pcouncil.org/wp-content/uploads/2015/03/0315decisions.pdf. --------------------------------------------------------------------------- At the June 2015 Council meeting, ACSF submitted a revised application addressing the Council's concerns. Based on the revised application, the Council recommended \3\ that NMFS consider issuing an EFP to ACSF as long as the EFP were restricted in accordance with the Council's supplementary conservation recommendations. These recommendations were to ensure adequate scientific design while testing the hypothesis that dynamic ocean management practices could be used to effectively reduce the risk of protected species bycatch when targeting swordfish. The Council recommendation is consistent with the policy it articulated in June 2014 to evaluate future access to the PLCA in light of full accountability and acceptable bycatch cap levels.\4\ After reviewing the revised EFP application, on July 8, 2015, the Council transmitted to NMFS its written recommendation to issue an EFP based on the ACSF application. At its November 2015 meeting, the Council reaffirmed their support of a DGN EFP within the PLCA that uses favorable oceanographic conditions to trigger fishing times and locations. Similar uses of dynamic ocean management have proven effective in domestic fisheries. For example, fishermen are using sea surface temperatures and sea turtle thermal habitat preferences to minimize loggerhead sea turtle (Caretta caretta) interactions in the Hawaii longline fishery. On the U.S. East Coast, fishermen have reduced yellowtail flounder bycatch in the Atlantic sea scallop fishery by reporting bycatch levels in small spatial grids via vessel monitoring systems with coincident avoidance of unfavorable grids by the fleet. Since adopting this program, the fishery has remained open for its entire duration because bycatch levels have not been reached (Lewison et al., 2015). There are other examples of successful fishery-trigger mechanisms in salmon gillnet fisheries in the Strait of Juan de Fuca and the Columbia River, where bycatch observations in test fisheries and species-specific dam counts, respectively, are successfully used to obtain high target species catch and low incidence of bycatch in full- fleet fisheries (Pacific Fishery Management Council, personal communication). --------------------------------------------------------------------------- \3\ http://www.pcouncil.org/wp-content/uploads/2015/06/0615decisions.pdf. \4\ http://www.pcouncil.org/wp-content/uploads/0614decisions.pdf. --------------------------------------------------------------------------- Academic researchers, in collaboration with NMFS scientists, have been developing EcoCast, a tool to predict favorable habitat for swordfish and bycatch species to assist fishers in targeting catch and in bycatch avoidance. This tool may be used to support the EFP objective of testing the use of environmental triggers to direct fishing to times and areas of increased swordfish catch and decreased bycatch. The Council has indicated that if the innovations tested in this EFP are able to demonstrate higher target catch and lower bycatch than the current DGN fleet, the Council would consider subsequent EFPs that increase the number of vessels fishing within the PLCA. The Council may also recommend granting DGN vessels access to all, or portions of, the PLCA when oceanographic conditions suggest that swordfish catch rates would be higher and protected species bycatch would be lower. Proposed Restrictions for an EFP in the PLCA The Council suggested conditions that NMFS impose on an EFP, if issued, to ACSF. Conservation and gear modification recommendations, as well as general EFP recommendations, include: (1) An observed serious injury or mortality of a single leatherback sea turtle would terminate the EFP. (2) No more than two large mesh drift gillnet vessels could fish under the EFP. (3) The EFP fishing vessels must consult with scientists from NMFS' Southwest Fisheries Science Center about current ocean climate conditions that are thought to be favorable for identification of optimal time/area locations to conduct test fishery operations. In this consultation, the scientists would use oceanographic data to predict general times and areas where target catch rates are expected to be high relative to bycatch rates, especially bycatch rates of protected species. The scientists would identify times and areas anticipated to have favorable environmental conditions, deliver this information via web interface or via mobile application, and the fishermen would determine the exact time and location of EFP fishing activity based on ocean conditions and their experience optimizing the ratio of target to non-target species. These data will be used to test and improve the oceanographic models to ensure they are accurately predicting times and areas with a high target catch to bycatch ratio. (4) The EFP vessels must collect detailed data on catch and bycatch, gear deployment, and ocean conditions, including: Catch-per- unit-effort, sea surface temperature, water clarity, profiles of temperature with depth, species and abundance of marine mammals and turtles in the area, and other information available from sonar, echo- sounder, or other onboard electronic technology devices. (5) 100% on-board observer coverage would be required while fishing under the EFP. (6) The following gear modifications must be instituted relative to the rest of the DGN fishery: --Installation of 50 percent more acoustic pingers, [[Page 10595]] --breakaways on the net allowing large mammals to break through the gear (Note: A `breakaway' is a weakly sewn together area of the net that would allow a large animal to break the net and avoid entanglement), --shortening soak times to only 6 hours, and --shortening the net length to 900 fathoms. (7) Impose an annual incidental catch limit for striped marlin. (8) Prohibit fishing in leatherback sea turtle critical habitat (designated under the federal Endangered Species Act (ESA)). (9) Prohibit fishing in waters north of the Washington/Oregon border, and in the first year prohibit fishing in waters north of the Oregon/California border. (10) Fishing under the EFP would cease for the remainder of the year if the number of observed takes in the fishery for animals listed as threatened or endangered under the ESA is the lower of either double the amount of incidental take estimated in an ESA biological opinion prepared for the EFP, or 10 animals. Additional EFP Considerations The elements of the EFP application and the Council recommendations will be considered by NMFS; however, if NMFS issues an EFP, it may impose different and/or additional mitigation measures as it deems necessary and in accordance with other applicable laws, such as the ESA. In considering this matter, NMFS is seeking public comment on the EFP application, the Council's recommended conditions, and any other suggested mitigation measures to improve conservation elements while maintaining feasible fishery operations. In particular, NMFS is interested in additional methods and technologies that could be applied to the fishing operations in order to further reduce the likelihood of interactions with federally endangered leatherback sea turtles. NMFS is mindful of the population status of Pacific leatherback sea turtles and that test fishing in the PLCA with DGN gear would have interaction risks with the endangered Pacific leatherback sea turtle. Designing an EFP that minimizes such risks is critical, and therefore NMFS is also interested in comments on how this proposed EFP complements the draft Pacific Coast Swordfish Fishery Management and Monitoring Plan and the future of the U.S. West Coast swordfish fishery. In accordance with NOAA Administrative Order 216-6, if NMFS pursues issuance of an EFP, then NMFS will complete the appropriate National Environmental Policy Act (NEPA) analyses. Additionally, issuance of an EFP would be developed for consistency with all applicable laws, including Section 7(a)(2) of the ESA (16 U.S.C. 1531 et seq.), to ensure it would not be likely to jeopardize the continued existence and recovery of any endangered or threatened species or result in the destruction or adverse modification of critical habitat. Given strong public interest in the DGN fishery and its impacts on protected species, if NMFS decides to pursue issuing an EFP to ACSF, then it will publish a `Notice of Availability' to give the public the opportunity to comment on the draft NEPA analysis (i.e., either environmental assessment or environmental impact statement) that would be prepared for the proposed action. Authority: 16 U.S.C. 1801 et seq. Dated: February 24, 2016. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-04368 Filed 2-29-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10593
TABLE 1—STANDARD EX-VESSEL PRICES BY SPECIES FOR THE 2015 ROCKFISH PROGRAM SEASON IN KODIAK, ALASKA—
Continued
Standard
ex-vessel
Species Period ending price per
pound
($)
September 30 ............................................................................. 0.19
October 31 .................................................................................. 0.19
November 30 .............................................................................. 0.19
Rougheye rockfish ...................................................................... May 31 ........................................................................................ 0.23
June 30 ....................................................................................... 0.22
July 31 ........................................................................................ 0.18
August 31 ................................................................................... 0.17
September 30 ............................................................................. 0.15
October 31 .................................................................................. 0.15
November 30 .............................................................................. 0.17
Sablefish ..................................................................................... May 31 ........................................................................................ 2.63
June 30 ....................................................................................... 2.68
July 31 ........................................................................................ 2.76
August 31 ................................................................................... 3.57
September 30 ............................................................................. 2.67
October 31 .................................................................................. 4.56
November 30 .............................................................................. 2.96
Shortraker rockfish ..................................................................... May 31 ........................................................................................ 0.16
June 30 ....................................................................................... 0.20
July 31 ........................................................................................ 0.15
August 31 ................................................................................... 0.15
September 30 ............................................................................. 0.15
October 31 .................................................................................. 0.18
November 30 .............................................................................. 0.17
Thornyhead rockfish ................................................................... May 31 ........................................................................................ 0.31
June 30 ....................................................................................... 0.35
July 31 ........................................................................................ 0.35
August 31 ................................................................................... 0.40
September 30 ............................................................................. 0.33
October 31 .................................................................................. 0.59
November 30 .............................................................................. 0.67
* The pelagic shelf rockfish (PSR) species group has been changed to ‘‘dusky rockfish.’’
Authority: 16 U.S.C. 773 et seq.; 1801 et SUMMARY: The Regional Administrator, www.regulations.gov/
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. NMFS West Coast Region, has #!docketDetail;D=NOAA-NMFS-2015-
111–281. determined that an application for an 0063, click the ‘‘Comment Now!’’ icon,
Dated: February 25, 2016. exempted fishing permit (EFP) warrants complete the required fields, and enter
Emily H. Menashes, further consideration and requests or attach your comments. EFP
Acting Director, Office of Sustainable public comment on the application. The applications will be available under
Fisheries, National Marine Fisheries Service. application requests a 2-year exemption Relevant Documents through the same
[FR Doc. 2016–04453 Filed 2–29–16; 8:45 am] from prohibitions under the Fishery link.
Management Plan for U.S. West Coast
BILLING CODE 3510–22–P • Mail: Attn: Chris Fanning, NMFS
Fisheries for Highly Migratory Species
West Coast Region, 501 W. Ocean Blvd.,
(HMS FMP) to test the effects and
Suite 4200, Long Beach, CA 90802.
DEPARTMENT OF COMMERCE efficacy of using modified drift gillnet
Include the identifier ‘‘NOAA–NMFS–
(DGN) gear to fish for swordfish and
National Oceanic and Atmospheric 2015–0063’’ in the comments.
other highly migratory species (HMS)
Administration off the U.S. West Coast in the Pacific Instructions: Comments sent by any
Leatherback Conservation Area (PLCA) other method, to any other address or
RIN 0648–XE298 when environmental conditions are individual, or received after the end of
favorable during the PLCA closure the comment period, may not be
Magnuson-Stevens Fishery period. considered by NMFS. All comments
Conservation and Management Act; received are a part of the public record
General Provisions for Domestic DATES: Comments must be submitted in and will generally be posted for public
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Fisheries; Application for Exempted writing by March 31, 2016. viewing on www.regulations.gov
Fishing Permit ADDRESSES: You may submit comments without change. All personal identifying
AGENCY: National Marine Fisheries on this document, identified by NOAA– information (e.g., name, address, etc.),
Service (NMFS), National Oceanic and NMFS–2015–0063, by any of the confidential business information, or
Atmospheric Administration (NOAA), following methods: otherwise sensitive information
Commerce. • Electronic Submission: Submit all submitted voluntarily by the sender will
electronic public comments via the be publicly accessible. NMFS will
ACTION: Notice; request for comments.
Federal e-Rulemaking Portal. Go to accept anonymous comments (enter
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![Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices 10595
—breakaways on the net allowing large Environmental Policy Act (NEPA) SUPPLEMENTARY INFORMATION: The
mammals to break through the gear analyses. Additionally, issuance of an Integrated Coastal and Ocean
(Note: A ‘breakaway’ is a weakly sewn EFP would be developed for consistency Observation System (ICOOS) Act of
together area of the net that would with all applicable laws, including 2009 mandated the establishment of
allow a large animal to break the net Section 7(a)(2) of the ESA (16 U.S.C. IOOS with NOAA as lead Federal
and avoid entanglement), 1531 et seq.), to ensure it would not be agency. In April 2015, IOOS published
—shortening soak times to only 6 hours, likely to jeopardize the continued a Notice of Availability for review and
and existence and recovery of any comment on a draft PEA of NOAA’s
—shortening the net length to 900 endangered or threatened species or IOOS Program observing activities
fathoms. result in the destruction or adverse regularly occurring in the environment
(7) Impose an annual incidental catch modification of critical habitat. Given as a direct result of cooperative
limit for striped marlin. strong public interest in the DGN fishery agreements funded by this program.
(8) Prohibit fishing in leatherback sea and its impacts on protected species, if Technologies proposed for deployment
turtle critical habitat (designated under NMFS decides to pursue issuing an EFP and observational activities under IOOS
the federal Endangered Species Act to ACSF, then it will publish a ‘Notice are categorized into the following
(ESA)). of Availability’ to give the public the groups: Sensors and instrumentation;
(9) Prohibit fishing in waters north of opportunity to comment on the draft vessels (including personal watercraft)
the Washington/Oregon border, and in NEPA analysis (i.e., either and sampling; AUVs, gliders, and
the first year prohibit fishing in waters environmental assessment or drifters; moorings, marine stations,
north of the Oregon/California border. environmental impact statement) that buoys, and fixed arrays; HF radar; sound
(10) Fishing under the EFP would would be prepared for the proposed navigation and ranging (sonar); and light
cease for the remainder of the year if the action. detection and ranging (lidar). These
number of observed takes in the fishery Authority: 16 U.S.C. 1801 et seq. observing activities support the core
for animals listed as threatened or mission of IOOS: Systematic provision
Dated: February 24, 2016. of readily accessible marine
endangered under the ESA is the lower Jennifer M. Wallace,
of either double the amount of environmental data and data products
Acting Director, Office of Sustainable in an interoperable, reliable, timely, and
incidental take estimated in an ESA Fisheries, National Marine Fisheries Service.
biological opinion prepared for the EFP, user-specified manner to end-users/
[FR Doc. 2016–04368 Filed 2–29–16; 8:45 am] customers to serve seven critical and
or 10 animals.
BILLING CODE 3510–22–P expanding societal needs:
Additional EFP Considerations 1. Improve predictions of climate
The elements of the EFP application change and weather and their effects on
DEPARTMENT OF COMMERCE coastal communities and the nation;
and the Council recommendations will
be considered by NMFS; however, if National Oceanic and Atmospheric 2. Improve the safety and efficiency of
NMFS issues an EFP, it may impose Administration maritime operations;
different and/or additional mitigation 3. More effectively mitigate the effects
measures as it deems necessary and in Notice of Availability of a Revised Draft of natural hazards;
accordance with other applicable laws, Programmatic Environmental 4. Improve national and homeland
such as the ESA. In considering this Assessment (PEA) for U.S. Integrated security;
matter, NMFS is seeking public Ocean Observing System (IOOS®) 5. Reduce public health risks;
comment on the EFP application, the Projects
Council’s recommended conditions, and 6. More effectively protect and restore
any other suggested mitigation measures AGENCY: National Ocean Service, healthy coastal ecosystems; and
to improve conservation elements while National Oceanic and Atmospheric 7. Enable the sustained use of ocean
maintaining feasible fishery operations. Administration (NOAA), Department of and coastal resources.
In particular, NMFS is interested in Commerce. Since the close of the public comment
additional methods and technologies ACTION: Request for comments. period on the initial draft PEA, IOOS
that could be applied to the fishing SUMMARY: NOAA is hereby requesting has revised the document and seeks
operations in order to further reduce the comments on the IOOS Revised Draft comment on the Revised Draft PEA. The
likelihood of interactions with federally PEA. PEA was revised to include a new
endangered leatherback sea turtles. alternative and to designate it as the
NMFS is mindful of the population DATES: Dates and Times: The Revised proposed action (preferred alternative).
status of Pacific leatherback sea turtles Draft PEA is available for public review The Proposed Action included in the
and that test fishing in the PLCA with and comment through March 15, 2016. public review draft anticipated full
DGN gear would have interaction risks ADDRESSES: The Revised Draft PEA is buildout of the proposed observing
with the endangered Pacific leatherback available online at www.ioos.noaa.gov/ system program. However, budget
sea turtle. Designing an EFP that about/governance/environmental_ constraints have made full buildout
minimizes such risks is critical, and compliance.html. If you wish to unobtainable at this time. IOOS
therefore NMFS is also interested in comment on the Revised Draft PEA, developed the new alternative and
comments on how this proposed EFP please send comments via email to changed the Proposed Action to reflect
asabaliauskas on DSK5VPTVN1PROD with NOTICES
complements the draft Pacific Coast Regina Evans at regina.evans@noaa.gov. consideration of actual funding levels.
Swordfish Fishery Management and FOR FURTHER INFORMATION CONTACT: Although IOOS remains committed to
Monitoring Plan and the future of the Regina Evans, U.S. IOOS, Regions developing full system capabilities, the
U.S. West Coast swordfish fishery. Budget & Policy Division, 1315 East timeline for reaching those goals has
In accordance with NOAA West- Highway, SSMC3, 2nd Floor, been extended. The revised draft PEA
Administrative Order 216–6, if NMFS Silver Spring, MD 20910; Phone 301– reflects the anticipated program actions
pursues issuance of an EFP, then NMFS 713–3290, ext. 110; Fax 301–713–3281; consistent with historic and anticipated
will complete the appropriate National Email regina.evans@noaa.gov. future budget authorizations.
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Document Created: 2018-02-02 14:59:56
Document Modified: 2018-02-02 14:59:56
| 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 | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be submitted in writing by March 31, 2016. | |
| Contact | Chris Fanning, NMFS, West Coast Region, 562-980-4198. | |
| FR Citation | 81 FR 10593 | |
| RIN Number | 0648-XE29 |
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