81_FR_84782 81 FR 84556 - Fisheries of the Exclusive Economic Zone off Alaska; Application for an Exempted Fishing Permit

81 FR 84556 - Fisheries of the Exclusive Economic Zone off Alaska; Application for an Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84556-84558
FR Document2016-28274

This notice announces receipt of an exempted fishing permit (EFP) application from the Alaska Seafood Cooperative (AKSC). If granted, this permit would allow up to ten vessels to participate in the EFP--up to five AKSC-member Amendment 80 vessels would be allowed to conduct experimental fishing in two subareas of the Bering Sea that are closed to fishing with trawl gear, and five additional AKSC-member Amendment 80 vessels would conduct experimental fishing adjacent to the closed areas. Under the permit, experimental fishing with non-pelagic trawl gear would be authorized in Reporting Area 516 of Zone 1 that is otherwise closed to all trawl gear and the Red King Crab Savings Area (RKCSA) that is otherwise closed to non-pelagic trawl gear. The AKSC would collect data on crab prohibited species catch (PSC) rates during commercial groundfish fishing operations inside the Area 516 seasonal closure, the RKCSA, and adjacent areas that are currently open to non- pelagic trawling. The objective of the EFP is to evaluate PSC rates and overall catch of target species in the above-mentioned closed areas compared with the areas currently open to fishing with trawl gear. This experiment has the potential to promote the objectives of the Magnuson- Stevens Fishery Conservation and Management Act.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84556-84558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28274]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF013


Fisheries of the Exclusive Economic Zone off Alaska; Application 
for an Exempted Fishing Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for exempted fishing permit.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of an exempted fishing permit 
(EFP) application from the Alaska Seafood Cooperative (AKSC). If 
granted, this permit would allow up to ten vessels to participate in 
the EFP--up to five AKSC-member Amendment 80 vessels would be allowed 
to conduct experimental fishing in two subareas of the Bering Sea that 
are closed to fishing with trawl gear, and five additional AKSC-member 
Amendment 80 vessels would conduct experimental fishing adjacent to the 
closed areas. Under the permit, experimental fishing with non-pelagic 
trawl gear would be authorized in Reporting Area 516 of Zone 1 that is 
otherwise closed to all trawl gear and the Red King Crab Savings Area 
(RKCSA) that is otherwise closed to non-pelagic trawl gear. The AKSC 
would collect data on crab prohibited species catch (PSC) rates during 
commercial groundfish fishing operations inside the Area 516 seasonal 
closure, the RKCSA, and adjacent areas that are currently open to non-
pelagic trawling. The objective of the EFP is to evaluate PSC rates and 
overall catch of target species in the above-mentioned closed areas 
compared with the areas currently open to fishing with trawl gear. This 
experiment has the potential to promote the objectives of the Magnuson-
Stevens Fishery Conservation and Management Act.

DATES: Submit comments on this EFP application on or before December 
15, 2016. The North Pacific Fishery Management Council (Council) will 
consider the EFP application at its meeting to be held December 6, 
2016, through December 14, 2016, in Anchorage, Alaska.

ADDRESSES: The Council meeting will be held at the Anchorage Hilton 
Hotel, 500 W. 3rd Avenue, Anchorage, AK, 99501. The agenda for the 
Council meeting is available at http://legistar2.granicus.com/npfmc/meetings/2016/12/950_A_North_Pacific_Council_16-12-06_Meeting_Agenda.pdf.
    You may submit comments on this document, identified by NOAA-NMFS-
2016-0142, 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-2016-0142 click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    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), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will

[[Page 84557]]

be publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the EFP application and the categorical 
exclusion under the National Environmental Policy Act are available 
from the Alaska Region, NMFS Web site at http://alaskafisheries.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Brandee Gerke, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the Bering Sea and Aleutian Islands management area (BSAI) 
under the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (FMP), which the Council prepared 
under the Magnuson-Stevens Fishery Conservation and Management Act. 
Regulations governing the BSAI groundfish fisheries appear at 50 CFR 
parts 600 and 679. The FMP and the implementing regulations, Sec.  
600.745(b) and Sec.  679.6, allow the NMFS Regional Administrator to 
authorize, for limited experimental purposes, fishing that would 
otherwise be prohibited. Procedures for issuing EFPs are contained in 
the implementing regulations.

Background

    BSAI groundfish harvests are subject to annual limits on groundfish 
and PSC. Pacific halibut, Pacific herring, Pacific salmon and 
steelhead, king crab (including red king crab), and Tanner crab are 
prohibited species under the FMP. Participants in the BSAI non-pelagic 
trawl fisheries catch PSC incidentally--primarily crab and halibut.
    The directed red king crab pot fishery is one of the most important 
shellfish fisheries in the Bering Sea. Current regulations for 
harvesting red king crab in the crab pot fishery may be found in 50 CFR 
part 680. Red king crab is also caught incidentally as PSC in Bering 
Sea groundfish non-pelagic trawl fisheries. PSC (including red king 
crab) in the non-pelagic trawl fisheries must be minimized to the 
extent practicable and if caught, immediately returned to the ocean 
with a minimum of injury.
    The Council and NMFS have implemented FMP amendments, dating back 
to the 1980s and 1990s, to reduce the amount of red king crab PSC in 
trawl fisheries, including the BSAI non-pelagic trawl fishery. For 
example, the Area 516 red king crab seasonal closure for all trawl gear 
(FMP Amendment 10) was implemented in 1987 (52 FR 8592, March 19, 
1987). FMP Amendment 37, (61 FR 65985, December 16, 1996) was 
implemented in 1997 to create the RKCSA along with other measures to 
conserve concentrations of Bristol Bay red king crab.
    The management and structure of the non-pelagic trawl fisheries in 
the Bering Sea have changed since these red king crab closure areas 
were implemented. In 2008, NMFS implemented Amendment 80 to the FMP (72 
FR 52668, September 14, 2007). Amendment 80 established a catch share 
program to allocate specific non-pelagic groundfish species among 
specific defined participants (the Amendment 80 sector) and facilitate 
the formation of Amendment 80 cooperatives among those participants. 
Nineteen vessels were active in the Amendment 80 sector in 2016--this 
sector is the largest component of the non-pelagic trawl fishery. With 
the implementation of Amendment 80 to the FMP in 2008, vessels 
operating in Amendment 80 cooperatives were able to develop tools to 
reduce incidental catch of crab PSC.
    Participants in Amendment 80 cooperatives have reduced the amount 
of red king crab PSC through improved fishing practices that are 
possible now that participants in the Amendment 80 cooperative receive 
an allocation of specific groundfish species. These exclusive 
allocations provide opportunities for Amendment 80 cooperative 
participants to slow down or otherwise change their fishing operations 
to avoid red king crab. These modified fishing practices are not 
practicable when vessels are not provided an exclusive harvest 
allocation, participate in derby-style fisheries, and are competing 
with other vessels to harvest their groundfish as soon as possible.
    Although Amendment 80 cooperatives have undoubtedly helped to 
reduce red king crab bycatch in the sector's target fisheries, a 
combination of closed areas and PSC limits currently regulate red king 
crab PSC in trawl fisheries, including the Amendment 80 sector. For 
example, Area 516 of Zone 1 in the Bering Sea subarea closes annually 
to all trawl gear, including Amendment 80 vessels, from March 15 
through June 15, Sec.  679.22(a)(2).
    Regulations for groundfish fishing in the RKCSA, found at Sec.  
679.22(a)(3), close directed fishing for non-pelagic trawl gear in a 
portion of the Bering Sea subarea defined in Figure 11 to 50 CFR part 
679. Non-pelagic trawl gear is used by all Amendment 80 vessels in the 
Bering Sea.
    PSC limits for red king crab, found at Sec.  679.21(e)(1)(i), 
specify the annual PSC allowance of red king crab for all trawl vessels 
while engaged in directed fishing for groundfish in Zone 1. 
Approximately 50 percent of the Zone 1 red king crab PSC limit is 
apportioned to the Amendment 80 sector, and distributed as an allowance 
of crab to each Amendment 80 cooperative. In 2016, the Zone 1 PSC 
allowance for the AKSC is 30,834 red king crab.
    The Zone 1 red king crab PSC allowance, allowed the Amendment 80 
cooperatives to assign voluntary, vessel-level apportionments of PSC to 
vessels fishing in Zone 1. With these voluntary apportionments, vessel 
owners and operators in the sector began to share information about 
individual vessel PSC rates and avoid areas with high PSC rates for red 
king crab.
    The primary result of the improved crab avoidance and management 
tools is that AKSC and the remaining Amendment 80 sector participants 
have consistently stayed well under the Zone 1 red king crab PSC 
allowance. While the potential exists for crab PSC allowances and 
closure areas to constrain allocated catch in some Amendment 80 target 
fisheries, the Amendment 80 sector continues to actively explore how to 
further reduce crab PSC while preserving target fishery harvest 
opportunities.

Exempted Fishing Permit Application

    On August 25, 2016, the AKSC, an Amendment 80 cooperative, 
submitted an application for an EFP. We note that the AKSC submitted an 
application for similar EFP on October 2, 2015 (80 FR 72049, November 
18, 2015). That EFP application was subsequently withdrawn by the 
applicant to provide additional time for the applicants to address 
comments received on the experimental design during review at the 
December 2015 Council meeting. The application submitted by the AFSC on 
August 25, 2016, includes the additional information requested at the 
December 2015 Council meeting and a few modifications to the 
experimental design relative to the October 2, 2015, application.
    The EFP would allow up to five AKSC-member Amendment 80 vessels to 
conduct field tests in two subareas of the Bering Sea that are closed 
to trawl directed fisheries. Those two subareas are Reporting Area 516 
of Zone 1, which is closed to all trawl gear under Sec.  679.22(a)(2), 
and the RKCSA, which is closed to non-pelagic trawl gear under Sec.  
679.22(a)(3). The EFP would also allow up to five additional AKSC-
member Amendment 80 vessels to conduct simultaneous, paired field tests 
adjacent to the two closed subareas. If granted, this EFP would allow 
AKSC to

[[Page 84558]]

collect data on crab bycatch rates during commercial fishing operations 
on ten groundfish fishing vessels (targeting mostly flatfish) inside 
the Area 516 seasonal closure, the RKCSA, and adjacent areas that are 
currently open to non-pelagic trawl gear. The principle objective of 
the EFP is to compare red king crab bycatch rates and target flatfish 
catch rates inside and outside of the closed areas. Data collected 
under this EFP would inform whether a systematic survey of crab 
abundance in the closed area is warranted.
    AKSC proposes to conduct EFP fishing from January 20, 2017, through 
the end of April 2017. EFP fishing would begin again in late January 
2018 and end by April 30, 2018. Conducting EFP fishing over two winter/
spring seasons would increase the chance that data are collected over a 
wider range of environmental conditions that are expected to affect 
crab and flatfish abundance and location.
    To ensure data are available for valid comparisons of catch rates 
inside and outside the closed areas, participating vessels would fish 
both inside the closed areas and in adjacent areas outside the closed 
areas (as proportionally as possible) over the course of their Zone 1 
rock sole and yellowfin sole fishing each year of the EFP. The adjacent 
areas outside of the closed areas would be selected based on 
similarities in general depth and substrate type with areas fished in 
the RKCSA and Area 516 closed areas. To help ensure differences in 
bycatch rates reflect differences in relative abundance rather than the 
attributes of trawl gear used, the vessels participating in the EFP 
would keep their ground gear configuration (e.g., size of trawl net and 
width of footropes) as consistent as possible inside and outside of the 
closed areas.
    Under the EFP, sea samplers would be required for monitoring and 
data collection. Sea samplers are NMFS-certified observers that conduct 
activities under an EFP rather than normal observer activities on an 
Amendment 80 vessel.
    The sea samplers would conduct a census of all crab for all EFP 
tows inside the red king crab closed areas and in adjacent areas 
outside the red king crab closed areas. The census data would include a 
record of size and sex of each individual. Temperature and depth data 
will be collected by sea samplers for each tow. Sea samplers will also 
collect fishing operational information such as tow speed and tow 
length. AKSC will compare catch rates on different EFP vessels when 
fishing in similar areas to evaluate the degree to which individual 
vessels are impacting catch rates.
    To ensure observer sampling duties are undisturbed, expanded crab 
data collection under the census would be conducted in a manner that is 
completely separate from current observer sampling protocols. To 
accomplish this, the crab census would occur after all the catch passes 
over the vessel's flow scale and the observer has completed all 
sampling of unsorted catch for all Bering Sea EFP hauls.
    The ten vessels authorized to participate in this EFP would be 
required to comply with all the aggregate target species allocations 
that apply to the rest of the Amendment 80 sector, and would operate 
under the Amendment 80 crab and halibut PSC allowances available 
through membership in the AKSC. These allowances would apply to all EFP 
and non-EFP fishing during the year.
    Under the EFP, the AKSC and the member EFP vessels would be limited 
to the amount of aggregate groundfish allocations currently in 
regulation at 50 CFR part 679. Further, the amount of red king crab PSC 
accrued by the AKSC and under the EFP would not exceed the AKSC's 2017 
or 2018 red king crab allowance. All other crab limits and halibut 
mortality limits will continue to apply to the EFP activities, and are 
subject to review and approval by NMFS.
    At the end of EFP fishing in 2017, AKSC would be required to submit 
to NMFS a preliminary report of the EFP results on PSC use inside and 
outside of the closed areas and by target fishery. At the end of EFP 
fishing in 2018, a final, comprehensive EFP report would be submitted.
    The proposed action would exempt participating AKSC vessels from 
selected 50 CFR part 679 closed areas and PSC handling requirements. 
Should the Regional Administrator issue a permit based on this EFP 
application, the conditions of the permit would be designed to minimize 
PSC, and any potential for EFP participants to bias estimates of 
groundfish or PSC. Vessels participating in EFP fishing would be exempt 
from, at minimum, the following regulations:
    1. Closure to directed fishing by trawl gear in Reporting Area 516 
of Zone 1 in the Bering Sea subarea from March 15 through June 15, at 
Sec.  679.22(a)(2).
    2. Closure to directed fishing by non-pelagic trawl gear in the 
RKCSA, at Sec.  679.22(a)(3).
    3. The operator of each vessel, after allowing for sampling by an 
observer, return all prohibited species, or parts thereof, to the sea 
immediately, with a minimum of injury, regardless of its condition, at 
Sec.  679.21(a)(2)(ii).
    The EFP would be valid upon issuance in 2017 until either the end 
of designated EFP fishing in 2018 or until the AKSC Zone 1 red king 
crab PSC allowance is reached in areas of the BSAI open to directed 
fishing by the Amendment 80 cooperatives. EFP-authorized fishing 
activities would not be expected to change the nature or duration of 
the groundfish fishery, gear used, or the amount or species of fish 
caught by the Amendment 80 cooperatives.
    The fieldwork that would be conducted under this EFP is not 
expected to have a significant impact on the human environment as 
detailed in the categorical exclusion prepared for this action (see 
ADDRESSES).
    In accordance with Sec.  679.6, NMFS has determined that the 
application warrants further consideration and has forwarded the 
application to the Council to initiate consultation. The Council is 
scheduled to consider the EFP application during its December 2016 
meeting, which will be held at the Anchorage Hilton Hotel, Anchorage, 
AK. The EFP application will also be provided to the Council's 
Scientific and Statistical Committee for review at the December Council 
meeting. The applicant has been invited to appear in support of the 
application.

Public Comments

    Interested persons may comment on the EFP application at the 
December 2016 Council meeting during public testimony. Information 
regarding the meeting is available at the Council's Web site at http://alaskafisheries.noaa.gov/npfmc/council.htm. Comments also may be 
submitted directly to NMFS (see ADDRESSES) by the end of the comment 
period (see DATES). Copies of the application and categorical exclusion 
are available for review from NMFS (see ADDRESSES).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 18, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28274 Filed 11-22-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                  84556                   Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

                                                  DEPARTMENT OF COMMERCE                                  minute requests will be accepted, but                 pelagic trawl gear would be authorized
                                                                                                          may be impossible to fulfill.                         in Reporting Area 516 of Zone 1 that is
                                                  International Trade Administration                        No time will be available for oral                  otherwise closed to all trawl gear and
                                                                                                          comments from members of the public                   the Red King Crab Savings Area
                                                  Environmental Technologies Trade                        during this meeting. As noted above,                  (RKCSA) that is otherwise closed to
                                                  Advisory Committee (ETTAC) Public                       any member of the public may submit                   non-pelagic trawl gear. The AKSC
                                                  Meeting                                                 pertinent written comments concerning                 would collect data on crab prohibited
                                                  AGENCY: International Trade                             the Committee’s affairs at any time                   species catch (PSC) rates during
                                                  Administration, Commerce.                               before or after the meeting. Comments                 commercial groundfish fishing
                                                  ACTION: Notice of Federal Advisory                      may be submitted to Ms. Maureen                       operations inside the Area 516 seasonal
                                                  Committee meeting.                                      Hinman at the contact information                     closure, the RKCSA, and adjacent areas
                                                                                                          indicated above. To be considered                     that are currently open to non-pelagic
                                                  SUMMARY:   This notice sets forth the                   during the meeting, comments must be                  trawling. The objective of the EFP is to
                                                  schedule and proposed agenda of a                       received no later than 5:00 p.m. Eastern              evaluate PSC rates and overall catch of
                                                  meeting of the Environmental                            Standard Time on Friday, December 2,                  target species in the above-mentioned
                                                  Technologies Trade Advisory                             2016, to ensure transmission to the                   closed areas compared with the areas
                                                  Committee (ETTAC).                                      Committee prior to the meeting.                       currently open to fishing with trawl
                                                  DATES: The teleconference meeting is                    Comments received after that date will                gear. This experiment has the potential
                                                  scheduled for Wednesday, December 7,                    be distributed to the members but may                 to promote the objectives of the
                                                  2016, at 2:00 p.m. Eastern Standard                     not be considered at the meeting.                     Magnuson-Stevens Fishery
                                                  Time (EST). Please register by 5:00 p.m.                FOR FURTHER INFORMATION CONTACT: Ms.                  Conservation and Management Act.
                                                  EST on Friday, December 2, 2016 to                      Maureen Hinman, Office of Energy &                    DATES: Submit comments on this EFP
                                                  listen in on the teleconference meeting.                Environmental Industries (OEEI),                      application on or before December 15,
                                                  ADDRESSES: The meeting will take place                  International Trade Administration,                   2016. The North Pacific Fishery
                                                  via teleconference. For logistical                      Room 4053, 1401 Constitution Avenue                   Management Council (Council) will
                                                  reasons, all participants are required to               NW., Washington, DC 20230. (Phone:                    consider the EFP application at its
                                                  register in advance by the date specified               202–482–0627; Fax: 202–482–5665;                      meeting to be held December 6, 2016,
                                                  above. Please contact Ms. Maureen                       email: maureen.hinman@trade.gov).                     through December 14, 2016, in
                                                  Hinman at the contact information                         Dated: November 17, 2016.                           Anchorage, Alaska.
                                                  below to register and obtain call-in                                                                          ADDRESSES: The Council meeting will be
                                                                                                          Man Cho,
                                                  information.                                                                                                  held at the Anchorage Hilton Hotel, 500
                                                                                                          Deputy Director, Office of Energy and
                                                  SUPPLEMENTARY INFORMATION: The                          Environmental Industries.                             W. 3rd Avenue, Anchorage, AK, 99501.
                                                  meeting will take place from 2:00 p.m.                  [FR Doc. 2016–28205 Filed 11–22–16; 8:45 am]
                                                                                                                                                                The agenda for the Council meeting is
                                                  to 4:00 p.m. Eastern Standard Time                                                                            available at http://
                                                                                                          BILLING CODE 3510–DR–P
                                                  (EST). This meeting is open to the                                                                            legistar2.granicus.com/npfmc/meetings/
                                                  public. Written comments concerning                                                                           2016/12/950_A_North_Pacific_Council_
                                                  ETTAC affairs are welcome any time                      DEPARTMENT OF COMMERCE                                16-12-06_Meeting_Agenda.pdf.
                                                  before or after the meeting. Minutes will                                                                        You may submit comments on this
                                                  be available within 30 days of this                     National Oceanic and Atmospheric                      document, identified by NOAA–NMFS–
                                                  meeting.                                                Administration                                        2016–0142, by any of the following
                                                     Topic to be considered: The agenda                                                                         methods:
                                                                                                          RIN 0648–XF013                                           • Electronic Submission: Submit all
                                                  for the December 7, 2016 meeting
                                                  includes providing the newly chartered                  Fisheries of the Exclusive Economic                   electronic public comments via the
                                                  committee with an overview of                           Zone off Alaska; Application for an                   Federal e-Rulemaking Portal. Go to
                                                  committee operations and a briefing on                  Exempted Fishing Permit                               www.regulations.gov/
                                                  Federal Advisory Committee Act                                                                                #!docketDetail;D=NOAA-NMFS-2016-
                                                  (FACA) requirements. The committee                      AGENCY:  National Marine Fisheries                    0142 click the ‘‘Comment Now!’’ icon,
                                                  will also deliberate on composition of                  Service (NMFS), National Oceanic and                  complete the required fields, and enter
                                                  subcommittees.                                          Atmospheric Administration (NOAA),                    or attach your comments.
                                                     Background: The ETTAC is mandated                    Commerce.                                                • Mail: Address written comments to
                                                  by Section 2313(c) of the Export                        ACTION: Notice; receipt of application for            Glenn Merrill, Assistant Regional
                                                  Enhancement Act of 1988, as amended,                    exempted fishing permit.                              Administrator, Sustainable Fisheries
                                                  15 U.S.C. 4728(c), to advise the                                                                              Division, Alaska Region NMFS, Attn:
                                                  Environmental Trade Working Group of                    SUMMARY:   This notice announces receipt              Ellen Sebastian. Mail comments to P.O.
                                                  the Trade Promotion Coordinating                        of an exempted fishing permit (EFP)                   Box 21668, Juneau, AK 99802–1668.
                                                  Committee, through the Secretary of                     application from the Alaska Seafood                      Instructions: Comments sent by any
                                                  Commerce, on the development and                        Cooperative (AKSC). If granted, this                  other method, to any other address or
                                                  administration of programs to expand                    permit would allow up to ten vessels to               individual, or received after the end of
                                                  U.S. exports of environmental                           participate in the EFP—up to five                     the comment period, may not be
                                                  technologies, goods, services, and                      AKSC-member Amendment 80 vessels                      considered by NMFS. All comments
                                                  products. The ETTAC was originally                      would be allowed to conduct                           received are a part of the public record
mstockstill on DSK3G9T082PROD with NOTICES




                                                  chartered in May of 1994. It was most                   experimental fishing in two subareas of               and will generally be posted for public
                                                  recently re-chartered until August 2016.                the Bering Sea that are closed to fishing             viewing on www.regulations.gov
                                                     The teleconference will be accessible                with trawl gear, and five additional                  without change. All personal identifying
                                                  to people with disabilities. Please                     AKSC-member Amendment 80 vessels                      information (e.g., name, address),
                                                  specify any requests for reasonable                     would conduct experimental fishing                    confidential business information, or
                                                  accommodation when registering to                       adjacent to the closed areas. Under the               otherwise sensitive information
                                                  participate in the teleconference. Last                 permit, experimental fishing with non-                submitted voluntarily by the sender will


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                                                                          Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices                                           84557

                                                  be publicly accessible. NMFS will                       (61 FR 65985, December 16, 1996) was                  vessels while engaged in directed
                                                  accept anonymous comments (enter ‘‘N/                   implemented in 1997 to create the                     fishing for groundfish in Zone 1.
                                                  A’’ in the required fields if you wish to               RKCSA along with other measures to                    Approximately 50 percent of the Zone 1
                                                  remain anonymous).                                      conserve concentrations of Bristol Bay                red king crab PSC limit is apportioned
                                                     Electronic copies of the EFP                         red king crab.                                        to the Amendment 80 sector, and
                                                  application and the categorical                            The management and structure of the                distributed as an allowance of crab to
                                                  exclusion under the National                            non-pelagic trawl fisheries in the Bering             each Amendment 80 cooperative. In
                                                  Environmental Policy Act are available                  Sea have changed since these red king                 2016, the Zone 1 PSC allowance for the
                                                  from the Alaska Region, NMFS Web site                   crab closure areas were implemented. In               AKSC is 30,834 red king crab.
                                                  at http://alaskafisheries.noaa.gov/.                    2008, NMFS implemented Amendment                         The Zone 1 red king crab PSC
                                                  FOR FURTHER INFORMATION CONTACT:                        80 to the FMP (72 FR 52668, September                 allowance, allowed the Amendment 80
                                                  Brandee Gerke, 907–586–7228.                            14, 2007). Amendment 80 established a                 cooperatives to assign voluntary, vessel-
                                                                                                          catch share program to allocate specific              level apportionments of PSC to vessels
                                                  SUPPLEMENTARY INFORMATION: NMFS
                                                                                                          non-pelagic groundfish species among                  fishing in Zone 1. With these voluntary
                                                  manages the domestic groundfish                         specific defined participants (the                    apportionments, vessel owners and
                                                  fisheries in the Bering Sea and Aleutian                Amendment 80 sector) and facilitate the               operators in the sector began to share
                                                  Islands management area (BSAI) under                    formation of Amendment 80                             information about individual vessel PSC
                                                  the Fishery Management Plan for                         cooperatives among those participants.                rates and avoid areas with high PSC
                                                  Groundfish of the Bering Sea and                        Nineteen vessels were active in the                   rates for red king crab.
                                                  Aleutian Islands Management Area                        Amendment 80 sector in 2016—this                         The primary result of the improved
                                                  (FMP), which the Council prepared                       sector is the largest component of the                crab avoidance and management tools is
                                                  under the Magnuson-Stevens Fishery                      non-pelagic trawl fishery. With the                   that AKSC and the remaining
                                                  Conservation and Management Act.                        implementation of Amendment 80 to                     Amendment 80 sector participants have
                                                  Regulations governing the BSAI                          the FMP in 2008, vessels operating in                 consistently stayed well under the Zone
                                                  groundfish fisheries appear at 50 CFR                   Amendment 80 cooperatives were able                   1 red king crab PSC allowance. While
                                                  parts 600 and 679. The FMP and the                      to develop tools to reduce incidental                 the potential exists for crab PSC
                                                  implementing regulations, § 600.745(b)                  catch of crab PSC.                                    allowances and closure areas to
                                                  and § 679.6, allow the NMFS Regional                       Participants in Amendment 80                       constrain allocated catch in some
                                                  Administrator to authorize, for limited                 cooperatives have reduced the amount                  Amendment 80 target fisheries, the
                                                  experimental purposes, fishing that                     of red king crab PSC through improved                 Amendment 80 sector continues to
                                                  would otherwise be prohibited.                          fishing practices that are possible now               actively explore how to further reduce
                                                  Procedures for issuing EFPs are                         that participants in the Amendment 80                 crab PSC while preserving target fishery
                                                  contained in the implementing                           cooperative receive an allocation of                  harvest opportunities.
                                                  regulations.                                            specific groundfish species. These
                                                                                                                                                                Exempted Fishing Permit Application
                                                  Background                                              exclusive allocations provide
                                                                                                          opportunities for Amendment 80                           On August 25, 2016, the AKSC, an
                                                     BSAI groundfish harvests are subject                 cooperative participants to slow down                 Amendment 80 cooperative, submitted
                                                  to annual limits on groundfish and PSC.                 or otherwise change their fishing                     an application for an EFP. We note that
                                                  Pacific halibut, Pacific herring, Pacific               operations to avoid red king crab. These              the AKSC submitted an application for
                                                  salmon and steelhead, king crab                         modified fishing practices are not                    similar EFP on October 2, 2015 (80 FR
                                                  (including red king crab), and Tanner                   practicable when vessels are not                      72049, November 18, 2015). That EFP
                                                  crab are prohibited species under the                   provided an exclusive harvest                         application was subsequently
                                                  FMP. Participants in the BSAI non-                      allocation, participate in derby-style                withdrawn by the applicant to provide
                                                  pelagic trawl fisheries catch PSC                       fisheries, and are competing with other               additional time for the applicants to
                                                  incidentally—primarily crab and                         vessels to harvest their groundfish as                address comments received on the
                                                  halibut.                                                soon as possible.                                     experimental design during review at
                                                     The directed red king crab pot fishery                  Although Amendment 80                              the December 2015 Council meeting.
                                                  is one of the most important shellfish                  cooperatives have undoubtedly helped                  The application submitted by the AFSC
                                                  fisheries in the Bering Sea. Current                    to reduce red king crab bycatch in the                on August 25, 2016, includes the
                                                  regulations for harvesting red king crab                sector’s target fisheries, a combination              additional information requested at the
                                                  in the crab pot fishery may be found in                 of closed areas and PSC limits currently              December 2015 Council meeting and a
                                                  50 CFR part 680. Red king crab is also                  regulate red king crab PSC in trawl                   few modifications to the experimental
                                                  caught incidentally as PSC in Bering Sea                fisheries, including the Amendment 80                 design relative to the October 2, 2015,
                                                  groundfish non-pelagic trawl fisheries.                 sector. For example, Area 516 of Zone                 application.
                                                  PSC (including red king crab) in the                    1 in the Bering Sea subarea closes                       The EFP would allow up to five
                                                  non-pelagic trawl fisheries must be                     annually to all trawl gear, including                 AKSC-member Amendment 80 vessels
                                                  minimized to the extent practicable and                 Amendment 80 vessels, from March 15                   to conduct field tests in two subareas of
                                                  if caught, immediately returned to the                  through June 15, § 679.22(a)(2).                      the Bering Sea that are closed to trawl
                                                  ocean with a minimum of injury.                            Regulations for groundfish fishing in              directed fisheries. Those two subareas
                                                     The Council and NMFS have                            the RKCSA, found at § 679.22(a)(3),                   are Reporting Area 516 of Zone 1, which
                                                  implemented FMP amendments, dating                      close directed fishing for non-pelagic                is closed to all trawl gear under
                                                  back to the 1980s and 1990s, to reduce                  trawl gear in a portion of the Bering Sea             § 679.22(a)(2), and the RKCSA, which is
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                                                  the amount of red king crab PSC in                      subarea defined in Figure 11 to 50 CFR                closed to non-pelagic trawl gear under
                                                  trawl fisheries, including the BSAI non-                part 679. Non-pelagic trawl gear is used              § 679.22(a)(3). The EFP would also
                                                  pelagic trawl fishery. For example, the                 by all Amendment 80 vessels in the                    allow up to five additional AKSC-
                                                  Area 516 red king crab seasonal closure                 Bering Sea.                                           member Amendment 80 vessels to
                                                  for all trawl gear (FMP Amendment 10)                      PSC limits for red king crab, found at             conduct simultaneous, paired field tests
                                                  was implemented in 1987 (52 FR 8592,                    § 679.21(e)(1)(i), specify the annual PSC             adjacent to the two closed subareas. If
                                                  March 19, 1987). FMP Amendment 37,                      allowance of red king crab for all trawl              granted, this EFP would allow AKSC to


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                                                  84558                   Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

                                                  collect data on crab bycatch rates during               evaluate the degree to which individual               minimum of injury, regardless of its
                                                  commercial fishing operations on ten                    vessels are impacting catch rates.                    condition, at § 679.21(a)(2)(ii).
                                                  groundfish fishing vessels (targeting                      To ensure observer sampling duties                    The EFP would be valid upon
                                                  mostly flatfish) inside the Area 516                    are undisturbed, expanded crab data
                                                                                                                                                                issuance in 2017 until either the end of
                                                  seasonal closure, the RKCSA, and                        collection under the census would be
                                                                                                          conducted in a manner that is                         designated EFP fishing in 2018 or until
                                                  adjacent areas that are currently open to
                                                                                                          completely separate from current                      the AKSC Zone 1 red king crab PSC
                                                  non-pelagic trawl gear. The principle
                                                                                                          observer sampling protocols. To                       allowance is reached in areas of the
                                                  objective of the EFP is to compare red
                                                                                                          accomplish this, the crab census would                BSAI open to directed fishing by the
                                                  king crab bycatch rates and target
                                                  flatfish catch rates inside and outside of              occur after all the catch passes over the             Amendment 80 cooperatives. EFP-
                                                  the closed areas. Data collected under                  vessel’s flow scale and the observer has              authorized fishing activities would not
                                                  this EFP would inform whether a                         completed all sampling of unsorted                    be expected to change the nature or
                                                  systematic survey of crab abundance in                  catch for all Bering Sea EFP hauls.                   duration of the groundfish fishery, gear
                                                  the closed area is warranted.                              The ten vessels authorized to                      used, or the amount or species of fish
                                                     AKSC proposes to conduct EFP                         participate in this EFP would be                      caught by the Amendment 80
                                                  fishing from January 20, 2017, through                  required to comply with all the                       cooperatives.
                                                  the end of April 2017. EFP fishing                      aggregate target species allocations that                The fieldwork that would be
                                                  would begin again in late January 2018                  apply to the rest of the Amendment 80
                                                                                                                                                                conducted under this EFP is not
                                                  and end by April 30, 2018. Conducting                   sector, and would operate under the
                                                                                                                                                                expected to have a significant impact on
                                                  EFP fishing over two winter/spring                      Amendment 80 crab and halibut PSC
                                                                                                          allowances available through                          the human environment as detailed in
                                                  seasons would increase the chance that                                                                        the categorical exclusion prepared for
                                                  data are collected over a wider range of                membership in the AKSC. These
                                                                                                          allowances would apply to all EFP and                 this action (see ADDRESSES).
                                                  environmental conditions that are
                                                  expected to affect crab and flatfish                    non-EFP fishing during the year.                         In accordance with § 679.6, NMFS has
                                                                                                             Under the EFP, the AKSC and the                    determined that the application
                                                  abundance and location.
                                                                                                          member EFP vessels would be limited to                warrants further consideration and has
                                                     To ensure data are available for valid
                                                                                                          the amount of aggregate groundfish                    forwarded the application to the
                                                  comparisons of catch rates inside and
                                                                                                          allocations currently in regulation at 50             Council to initiate consultation. The
                                                  outside the closed areas, participating
                                                                                                          CFR part 679. Further, the amount of                  Council is scheduled to consider the
                                                  vessels would fish both inside the
                                                                                                          red king crab PSC accrued by the AKSC                 EFP application during its December
                                                  closed areas and in adjacent areas
                                                                                                          and under the EFP would not exceed                    2016 meeting, which will be held at the
                                                  outside the closed areas (as
                                                                                                          the AKSC’s 2017 or 2018 red king crab                 Anchorage Hilton Hotel, Anchorage,
                                                  proportionally as possible) over the
                                                                                                          allowance. All other crab limits and
                                                  course of their Zone 1 rock sole and                                                                          AK. The EFP application will also be
                                                                                                          halibut mortality limits will continue to
                                                  yellowfin sole fishing each year of the                                                                       provided to the Council’s Scientific and
                                                                                                          apply to the EFP activities, and are
                                                  EFP. The adjacent areas outside of the                                                                        Statistical Committee for review at the
                                                                                                          subject to review and approval by
                                                  closed areas would be selected based on                                                                       December Council meeting. The
                                                                                                          NMFS.
                                                  similarities in general depth and                          At the end of EFP fishing in 2017,                 applicant has been invited to appear in
                                                  substrate type with areas fished in the                 AKSC would be required to submit to                   support of the application.
                                                  RKCSA and Area 516 closed areas. To                     NMFS a preliminary report of the EFP
                                                  help ensure differences in bycatch rates                                                                      Public Comments
                                                                                                          results on PSC use inside and outside of
                                                  reflect differences in relative abundance               the closed areas and by target fishery. At              Interested persons may comment on
                                                  rather than the attributes of trawl gear                the end of EFP fishing in 2018, a final,              the EFP application at the December
                                                  used, the vessels participating in the                  comprehensive EFP report would be                     2016 Council meeting during public
                                                  EFP would keep their ground gear                        submitted.
                                                  configuration (e.g., size of trawl net and                                                                    testimony. Information regarding the
                                                                                                             The proposed action would exempt                   meeting is available at the Council’s
                                                  width of footropes) as consistent as                    participating AKSC vessels from
                                                  possible inside and outside of the closed                                                                     Web site at http://
                                                                                                          selected 50 CFR part 679 closed areas                 alaskafisheries.noaa.gov/npfmc/
                                                  areas.                                                  and PSC handling requirements. Should
                                                     Under the EFP, sea samplers would be                                                                       council.htm. Comments also may be
                                                                                                          the Regional Administrator issue a                    submitted directly to NMFS (see
                                                  required for monitoring and data                        permit based on this EFP application,
                                                  collection. Sea samplers are NMFS-                                                                            ADDRESSES) by the end of the comment
                                                                                                          the conditions of the permit would be
                                                  certified observers that conduct                                                                              period (see DATES). Copies of the
                                                                                                          designed to minimize PSC, and any
                                                  activities under an EFP rather than                                                                           application and categorical exclusion
                                                                                                          potential for EFP participants to bias
                                                  normal observer activities on an                        estimates of groundfish or PSC. Vessels               are available for review from NMFS (see
                                                  Amendment 80 vessel.                                    participating in EFP fishing would be                 ADDRESSES).
                                                     The sea samplers would conduct a                     exempt from, at minimum, the                            Authority: 16 U.S.C. 1801 et seq.
                                                  census of all crab for all EFP tows inside              following regulations:
                                                  the red king crab closed areas and in                                                                           Dated: November 18, 2016.
                                                                                                             1. Closure to directed fishing by trawl
                                                  adjacent areas outside the red king crab                gear in Reporting Area 516 of Zone 1 in               Emily H. Menashes,
                                                  closed areas. The census data would                     the Bering Sea subarea from March 15                  Acting Director, Office of Sustainable
                                                  include a record of size and sex of each                                                                      Fisheries, National Marine Fisheries Service.
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                                                                                                          through June 15, at § 679.22(a)(2).
                                                  individual. Temperature and depth data                     2. Closure to directed fishing by non-             [FR Doc. 2016–28274 Filed 11–22–16; 8:45 am]
                                                  will be collected by sea samplers for                   pelagic trawl gear in the RKCSA, at                   BILLING CODE 3510–22–P
                                                  each tow. Sea samplers will also collect                § 679.22(a)(3).
                                                  fishing operational information such as                    3. The operator of each vessel, after
                                                  tow speed and tow length. AKSC will                     allowing for sampling by an observer,
                                                  compare catch rates on different EFP                    return all prohibited species, or parts
                                                  vessels when fishing in similar areas to                thereof, to the sea immediately, with a


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Document Created: 2016-11-23 05:30:04
Document Modified: 2016-11-23 05:30:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; receipt of application for exempted fishing permit.
DatesSubmit comments on this EFP application on or before December 15, 2016. The North Pacific Fishery Management Council (Council) will consider the EFP application at its meeting to be held December 6, 2016, through December 14, 2016, in Anchorage, Alaska.
ContactBrandee Gerke, 907-586-7228.
FR Citation81 FR 84556 
RIN Number0648-XF01

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