81_FR_96688 81 FR 96437 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit (EFP)

81 FR 96437 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit (EFP)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96437-96439
FR Document2016-31704

NMFS announces the receipt of an exempted fishing permit (EFP) application from the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Pacific Seafoods for an EFP Program to monitor and minimize salmon bycatch when vessels target rockfish in the shorebased individual fishing quota (IFQ) fishery. The NMFS West Coast Region's Assistant Regional Administrator for Sustainable Fisheries has made a preliminary determination that the subject EFP application contains all the required information and the EFP Program warrants further consideration. Therefore, NMFS announces that the Assistant Regional Administrator for Sustainable Fisheries proposes to recommend that EFPs be issued under an EFP Program that would allow as many as 50 commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the west coast of the United States. If awarded, the EFP Program would exempt participating limited entry bottom trawl vessels from the requirement to use selective flatfish trawl gear shoreward of the Trawl Rockfish Conservation Area (RCA) north of 40[deg]10' N. latitude in waters off the west coast. In addition, if awarded, the EFP Program would also allow participating bottom trawl vessels that fish any place along the west coast an exemption to the minimum mesh size requirement of 4.5 inches. The EFP Program is intended to provide additional flexibility in the configuration and use of bottom trawl gear for the vessels, as well as provide additional information on potential impacts to protected resources, particularly Chinook salmon bycatch, resulting from this added flexibility. The additional information would be used to enhance the management of the groundfish fishery and promote the objectives of the Pacific Coast Groundfish Fishery Management Plan (FMP). This EFP would be effective for 2017 and would expire no later than December 31, 2017, but could be terminated earlier under the terms and conditions of the EFP and other applicable laws. Additionally, NMFS, with input from the Pacific Fishery Management Council (Council), may extend the EFP beyond 2017, if appropriate. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016)
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96437-96439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31704]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF068


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Application for an Exempted Fishing Permit (EFP)

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

ACTION: Notice; receipt of EFP application; request for comments.

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

SUMMARY: NMFS announces the receipt of an exempted fishing permit (EFP) 
application from the West Coast Seafood Processors Association, 
Environmental Defense Fund, Oregon Trawl Commission, and Pacific 
Seafoods for an EFP Program to monitor and minimize salmon bycatch when 
vessels target rockfish in the shorebased individual fishing quota 
(IFQ) fishery. The NMFS West Coast Region's Assistant Regional 
Administrator for Sustainable Fisheries has made a preliminary 
determination that the subject EFP application contains all the 
required information and the EFP Program warrants further 
consideration. Therefore, NMFS announces that the Assistant Regional 
Administrator for Sustainable Fisheries proposes to recommend that EFPs 
be issued under an EFP Program that would allow as many as 50 
commercial fishing vessels to conduct fishing operations that are 
otherwise restricted by the regulations governing the fisheries of the 
west coast of the United States. If awarded, the EFP Program would 
exempt participating limited entry bottom trawl vessels from the 
requirement to use selective flatfish trawl gear shoreward of the Trawl 
Rockfish Conservation Area (RCA) north of 40[deg]10' N. latitude in 
waters off the west coast. In addition, if awarded, the EFP Program 
would also allow participating bottom trawl vessels that fish any place 
along the west coast an exemption to the minimum mesh size requirement 
of 4.5 inches.
    The EFP Program is intended to provide additional flexibility in 
the configuration and use of bottom trawl gear for the vessels, as well 
as provide additional information on potential impacts to protected 
resources, particularly Chinook salmon bycatch, resulting from this 
added flexibility. The additional information would be used to enhance 
the management of the groundfish fishery and promote the objectives of 
the Pacific Coast

[[Page 96438]]

Groundfish Fishery Management Plan (FMP). This EFP would be effective 
for 2017 and would expire no later than December 31, 2017, but could be 
terminated earlier under the terms and conditions of the EFP and other 
applicable laws. Additionally, NMFS, with input from the Pacific 
Fishery Management Council (Council), may extend the EFP beyond 2017, 
if appropriate. Regulations under the Magnuson-Stevens Fishery 
Conservation and Management Act require publication of this 
notification to provide interested parties the opportunity to comment 
on applications for proposed EFPs.

DATES: Comments must be received no later than 5 p.m., local time on 
January 24, 2017.

ADDRESSES: You may submit comments, identified by 0648-XF068, by any 
one of the following methods:
     Email: [email protected].
     Mail: Barry Thom, Regional Administrator, West Coast 
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: 
Melissa Hooper.

FOR FURTHER INFORMATION CONTACT: Melissa Hooper: (206) 526-4357 or 
[email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the FMP and 
implementing regulations at 50 CFR 600.745, which states that EFPs may 
be used to authorize fishing activities that would otherwise be 
prohibited.
    If awarded, the EFP Program would give participating vessels an 
exemption from the current requirement at 50 CFR 660.130(b)(3)(ii)(A) 
to use selective flatfish trawl gear shoreward of the RCA and north of 
40[deg]10' N. lat. EFP vessels would instead be subject to a small 
footrope requirement similar to what is required south of 40[deg]10' N. 
lat. Additionally, if awarded, the EFP Program would give participating 
vessels an exemption from the current requirement at 50 CFR 
660.130(b)(2) to use a 4.5 inch (11.4 cm) mesh throughout the net for 
bottom trawl vessels with a Federal limited entry permit. Participating 
vessels would carry observers or electronic monitoring on 100-percent 
of trips, as is currently required in the IFQ program.
    This exempted fishing activity is designed to provide participants 
with additional flexibility to configure their gear to re-establish a 
targeted rockfish fishery for widow, yellowtail, and chilipepper 
rockfish. The annual catch limits (ACLs) for both widow and chilipepper 
rockfish are increasing to levels not seen in several years, and the 
additional fish available could provide an opportunity for the 
redevelopment of processing and harvesting in those areas of the coast 
that had been constrained by the lower ACLs for these overfished 
species. Additionally, according to the applicants, the two-seam design 
of the nets can make it difficult to include some types of bycatch 
excluders. Eliminating the selective flatfish trawl gear requirement 
could provide vessels with more flexibility in designing their gear and 
would increase the opportunity for using bycatch reduction devices of 
different types.
    Changes to the minimum mesh size would provide participating 
vessels with the flexibility to set their mesh size for the size of 
fish they intend to target. It is unlikely that vessels would set their 
mesh size much lower than the current minimum of 4.5 inches as smaller 
fish tend to be less marketable. However, a smaller mesh size may 
reduce the number of fish that are gilled (i.e. stuck in the mesh) and, 
as a result, are unmarketable.
    Information collected during under the EFP Program would be used to 
support the analysis for potential new and modification to existing 
gear regulations, including the Council's trawl gear modifications 
regulatory amendment which the Council took final action on earlier in 
2016. With many of the current gear regulations having been in place 
for more than ten years, it is difficult for NMFS, the Council, and 
industry to predict the impacts of removing these regulations. In the 
past ten years, the industry has changed significantly. Reduction in 
capacity, innovations in gear technologies, and changes in management 
have all contributed to these changes. The EFP Program would help 
demonstrate what potential impacts today's fleet could have when some 
of the current gear regulations are eliminated.
    In the early 1990s, the Council redefined bottom trawl gear and 
established 4.5 inches as the minimum mesh size for bottom trawl 
codends coastwide, and then required the larger mesh throughout the 
remainder of the trawl nets. These initial mesh regulations were 
intended to: (1) Reduce the harvest of small and unmarketable fish, (2) 
reduce the incidental harvest of unwanted species, and (3) establish a 
standard, coastwide mesh requirement. However, the two different sizes 
throughout the mesh created a loophole for some vessels. By 1995, 
regulations were implemented by the Council to address this loophole. 
The new regulations required all bottom trawl nets to have a minimum of 
4.5 inch mesh throughout the net (60 FR 13377, March 13, 1995). These 
measures were intended to give smaller-size fish the opportunity to 
escape from the entire trawl net, reducing the likelihood those fish 
would be caught.
    Beginning in 2005, the Council required the use of selective 
flatfish trawl for all groundfish trawling on the west coast north of 
40[deg]10' N. lat. shoreward of the RCA. The selective flatfish trawl 
gear was originally designed and implemented to reduce the bycatch of 
round fish, such as canary rockfish and salmon, while increasing the 
catch of flatfish species. Previously, management actions to protect 
vulnerable rockfish had greatly expanded the boundaries of the trawl 
RCA, moving the eastern boundary shoreward. These changes, while 
addressing the issues with vulnerable rockfish, also severely limited 
access to productive flatfish stocks. Selective flatfish trawl was seen 
as a way for the fleet to still access the fishing grounds while 
protecting the vulnerable rockfish species.
    NMFS is concerned with the potential impacts a selective flatfish 
trawl exemption and minimum mesh size exemption may have on protected 
species. Available information suggests that bycatch rates of ESA-
listed salmon, eulachon, and green sturgeon could increase as a result 
of the increased effort resulting from this EFP Program. NMFS is 
focused on developing an EFP that would meet the applicants' objectives 
to better target pelagic rockfish species while collecting information 
about bycatch and minimizing bycatch to the extent practicable. To 
address NMFS' concerns, the applicants are proposing that bycatch 
information, as well as haul level data and genetics will be collected 
on all salmon caught. Because a targeted fishery for chilipepper, 
widow, and yellowtail rockfish has not existed in more than a decade, 
there is limited information about expected bycatch in these target 
fisheries. The applicants are proposing that all salmon caught under 
this EFP Program would be counted against a salmon bycatch limit set by 
the NMFS for the EFP.
    The applicants are proposing the following additional measures to 
minimize and monitor bycatch under the EFP Program:
     Enrollment provisions--Vessels will be required to contact 
NMFS prior to a specified deadline to enroll in the EFP for a minimum 
of one month. Vessels may opt in or out of the EFP Program on a monthly 
basis only, with the exception of the month of May, by notifying NMFS. 
During May, vessels

[[Page 96439]]

using midwater gear after May 15th must declare out before they begin 
to use the gear and can only declare back in once they revert back to 
bottom trawl gear.
     Salmon bycatch provisions--Vessels will be required to 
operate under a 3,500 Chinook salmon bycatch cap under this EFP, and a 
specific Chinook salmon sub-cap of 595 Chinook (17 percent of the total 
Chinook salmon cap) on EFP Program trips south of 43[deg] N, also known 
as the Eureka Management Area. Once the sub-cap limit is reached, the 
Eureka Management Area would be closed to participating vessels, but 
participating vessels could continue to fish under this EFP north of 
43[deg] N. If the Chinook salmon bycatch cap for the EFP Program (3,500 
Chinook) is reached, the entire EFP Program would be closed for the 
remainder of the year. Vessels will be required to retain and land all 
salmon bycatch on all trips that fall under this EFP. Vessels 
participating in the EFP Program are also required to provide all 
salmon bycatch information as quickly as possible and without any 
restrictions on confidentiality.
     Monitoring provisions--Vessels participating in this EFP 
will be required to use 100 percent monitoring on all EFP Program 
trips, as is consistent with the requirements of the shoreside IFQ 
fishery. Vessels carrying observers must continue to sort their salmon 
bycatch by haul. Vessels participating in both the electronic 
monitoring EFP Program and this EFP Program must continue using the 
same monitoring and reporting provisions required under the electronic 
monitoring EFP Program. All vessels, regardless of using electronic 
monitoring or observers, will be required to have 100 percent shoreside 
monitoring.
    [cir] Real-Time Bycatch Monitoring provisions--The participating 
vessels would work with Pacific States Marine Fisheries Commission to 
provide real-time, or close to it, monitoring of salmon bycatch on all 
EFP Program trips through fishtickets and shoreside monitoring reports. 
The reports would include number of landing events (total and since 
last report) and number of Chinook salmon landed (total and since last 
report).
     Fleet accountability provisions--In this EFP, the 
applicants have developed rules and definitions for bycatch avoidance 
and mitigation. These include definitions of a ``high bycatch tow'', 
``adult salmon'', and ``high bycatch trip.'' Bycatch avoidances 
measures include moving locations when experiencing a ``high bycatch 
tow'' and a ``stand down'' rule where a participating vessel would have 
to declare out of the EFP Program following a series of high bycatch 
trips as defined in the application.
     Area-based Avoidance provisions--The EFP Program includes 
provisions regarding two closed areas:
    [cir] Klamath River Salmon Conservation Zone--The Klamath River 
Conservation Zone, as defined in regulation at 50 CFR 660.131(c)(1), 
will be closed to participating vessels for the duration of the EFP 
Program.
    [cir] Columbia River Salmon Conservation Zone--The Columbia River 
Salmon Conservation Zone, as defined in regulation at 50 CFR 
660.131(c)(2), will be closed to participating vessels for the duration 
of the EFP Program.
    The Pacific Fishery Management Council reviewed the EFP application 
at its September and November 2016 meetings and recommended that NMFS 
issue permits, under this EFP Program, as proposed with the following 
amendments:
     Set the Chinook salmon bycatch limit for this EFP Program 
at no more than 4,000 fish.
     Include a sub-limit of 17 percent, or 680 Chinook, for the 
Eureka management area.
     Remove the provision to trigger a closure of the Columbia 
River Salmon Conservation Zone to EFP fishing when 1,000 Chinook have 
been caught by EFP participants.
     Include the following criteria in the definition of a high 
bycatch trip: 1 adult Chinook (defined as 20 inches or greater) caught 
in the California portion of the Klamath Management Zone (KMZ) defined 
consistent with salmon regulations as waters from the California/Oregon 
border south to Horse Mountain.
     Vessels could fish concurrently under both this EFP 
Program and the electronic monitoring EFP Program.
     Participants must submit an informal report for the April 
2017 Council meeting and a formal report for the June 2017 Council 
meeting.
     The permits under this EFP Program will not automatically 
renew for the 2018 year, but a resubmission of an application can be 
made to the Council in September 2017.
    The applicants have not proposed a specific list of participating 
vessels, as is traditionally the case, but rather are proposing an 
overall EFP program that any vessel in the fleet could enroll in by 
applying to NMFS. Depending on the diversity of interested vessels, 
NMFS may need to develop several EFPs within the overall EFP program to 
accommodate different protocols for different gear configurations and 
monitoring types (e.g., electronic monitoring vs. observers). 
Therefore, NMFS is proposing to approve an overall EFP program, 
covering all of the individual EFPs, with consistent general 
requirements following the conclusion of the public comment period. 
Subsequently, we will issue the actual permits for the EFPs to 
individual participants according to the nature of their fishing 
activities. NMFS intends to use an adaptive management approach in 
which NMFS may revise requirements and protocols to improve the program 
without issuing another Federal Register notice, provided that the 
modifications fall within the scope of the original EFP Program. In 
addition, the applicants may request minor modifications and extensions 
to the EFP Program throughout the course of research. EFP Program 
modifications and extensions may be granted without further public 
notice if they are deemed essential to facilitate completion of the 
proposed research and result in only a minimal change in the scope or 
impacts of the initially approved EFP request.
    In accordance with NAO Administrative Order 216-6, a Categorical 
Exclusion or other appropriate National Environmental Policy Act 
document would be completed prior to the issuance of any permits under 
this EFP Program. Further review and consultation may be necessary 
before a final determination is made to issue the permits. After 
publication of this document in the Federal Register, the EFP Program, 
if approved by NMFS, may be implemented following the public comment 
period. NMFS will consider comments submitted, as well as the Council's 
discussion at their November 2016 Council meeting, in deciding whether 
or not to approve the application as requested. NMFS may approve the 
application in its entirety or may make any alternations needed to 
achieve the goals of the EFP Program.

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.

    Dated: December 27, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31704 Filed 12-29-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices                                          96437

                                                rate established for the most recently                  Commerce, 14th Street and Constitution                DEPARTMENT OF COMMERCE
                                                completed segment of this proceeding                    Avenue NW., Washington, DC 20230, at
                                                for the manufacturer of the                             a date and time to be determined.15                   National Oceanic and Atmospheric
                                                merchandise; and (4) if neither the                     Parties should confirm by telephone the               Administration
                                                exporter nor the manufacturer is a firm                 date, time, and location of the hearing               RIN 0648–XF068
                                                covered in this or any previously                       two days before the scheduled date.
                                                completed segment of this proceeding,                                                                         Fisheries Off West Coast States;
                                                                                                          We intend to issue the final results of
                                                then the cash deposit rate will be the                                                                        Pacific Coast Groundfish Fishery;
                                                ‘‘all-others’’ rate of 7.00 percent                     this review within 120 days after the
                                                                                                                                                              Application for an Exempted Fishing
                                                established in the Amended Final                        date of publication of this notice, unless
                                                                                                                                                              Permit (EFP)
                                                Determination and Order.8 These                         otherwise extended.16
                                                deposit requirements, when imposed,                                                                           AGENCY:  National Marine Fisheries
                                                                                                        Notification to Importers                             Service (NMFS), National Oceanic and
                                                shall remain in effect until further
                                                notice.                                                   This notice serves as a preliminary                 Atmospheric Administration (NOAA),
                                                                                                        reminder to importers of their                        Commerce.
                                                Disclosure and Public Comment                                                                                 ACTION: Notice; receipt of EFP
                                                                                                        responsibility under 19 CFR
                                                   The Department intends to disclose                   351.402(f)(2) to file a certificate                   application; request for comments.
                                                the calculations performed in                           regarding the reimbursement of                        SUMMARY:   NMFS announces the receipt
                                                connection with these preliminary                       antidumping duties prior to liquidation               of an exempted fishing permit (EFP)
                                                results within five days after the date of              of the relevant entries during this                   application from the West Coast Seafood
                                                publication of this notice in accordance                review period. Failure to comply with                 Processors Association, Environmental
                                                with 19 CFR 351.224(b).                                 this requirement could result in the                  Defense Fund, Oregon Trawl
                                                   Interested parties may submit case                   Department’s presumption that                         Commission, and Pacific Seafoods for
                                                briefs no later than 30 days after the                  reimbursement of antidumping duties                   an EFP Program to monitor and
                                                publication date of this notice.9 Rebuttal                                                                    minimize salmon bycatch when vessels
                                                                                                        occurred and the subsequent assessment
                                                briefs, limited to issues raised in the                                                                       target rockfish in the shorebased
                                                                                                        of doubled antidumping duties.
                                                case briefs, may be filed not later than                                                                      individual fishing quota (IFQ) fishery.
                                                five days after the date for filing case                Notification to Interested Parties                    The NMFS West Coast Region’s
                                                briefs.10 Parties who submit case briefs                                                                      Assistant Regional Administrator for
                                                or rebuttal briefs are requested to submit                These preliminary results of this
                                                                                                                                                              Sustainable Fisheries has made a
                                                with each argument: (1) A statement of                  review are issued and published in
                                                                                                                                                              preliminary determination that the
                                                the issue; (2) a brief summary of the                   accordance with sections 751(a)(1) and
                                                                                                                                                              subject EFP application contains all the
                                                argument; and (3) a table of                            777(i)(1) of the Act and 19 CFR                       required information and the EFP
                                                authorities.11 Executive summaries                      351.213(h).                                           Program warrants further consideration.
                                                should be limited to five pages total,                    Dated: December 20, 2016.                           Therefore, NMFS announces that the
                                                including footnotes.12 All briefs must be                                                                     Assistant Regional Administrator for
                                                                                                        Paul Piquado,
                                                filed electronically via ACCESS.13 An                                                                         Sustainable Fisheries proposes to
                                                electronically filed document must be                   Assistant Secretary for Enforcement and
                                                                                                        Compliance.                                           recommend that EFPs be issued under
                                                received successfully in its entirety by                                                                      an EFP Program that would allow as
                                                ACCESS, by 5:00 p.m. Eastern Time on                    Appendix—List of Topics Discussed in                  many as 50 commercial fishing vessels
                                                the on which it is due.14                               the Preliminary Decision                              to conduct fishing operations that are
                                                   Pursuant to 19 CFR 351.310(c),                       Memorandum:                                           otherwise restricted by the regulations
                                                interested parties who wish to request a                                                                      governing the fisheries of the west coast
                                                hearing must submit a written request to                I. Summary
                                                                                                        II. Background
                                                                                                                                                              of the United States. If awarded, the EFP
                                                the Assistant Secretary for Enforcement                                                                       Program would exempt participating
                                                and Compliance within 30 days of the                    III. Scope of the Order
                                                                                                        IV. No Shipments                                      limited entry bottom trawl vessels from
                                                publication date of this notice, filed                                                                        the requirement to use selective flatfish
                                                electronically via ACCESS. Requests                     V. Discussion of Methodology
                                                                                                           A. Comparisons to Normal Value                     trawl gear shoreward of the Trawl
                                                should contain: (1) The party’s name,                                                                         Rockfish Conservation Area (RCA) north
                                                address and telephone number; (2) the                      B. Date of Sale
                                                                                                           C. Product Comparisons                             of 40°10′ N. latitude in waters off the
                                                number of participants; and (3) a list of                                                                     west coast. In addition, if awarded, the
                                                issues parties intend to discuss. Issues                   D. Constructed Export Price
                                                                                                           E. Normal Value                                    EFP Program would also allow
                                                raised in the hearing will be limited to                                                                      participating bottom trawl vessels that
                                                those raised in the respective case and                    F. Cost of Production Analysis
                                                                                                           G. Calculation of Normal Value Based on            fish any place along the west coast an
                                                rebuttal briefs. If a request for a hearing                                                                   exemption to the minimum mesh size
                                                                                                              Comparison Market Prices
                                                is made, the Department intends to hold                                                                       requirement of 4.5 inches.
                                                                                                           H. Currency Conversion
                                                the hearing at the U.S. Department of                                                                            The EFP Program is intended to
                                                                                                        VI. Recommendation
                                                  8 See Notice of Amended Final Determination and       [FR Doc. 2016–31728 Filed 12–29–16; 8:45 am]
                                                                                                                                                              provide additional flexibility in the
                                                Antidumping Duty Order: Certain Welded Stainless
                                                                                                                                                              configuration and use of bottom trawl
                                                                                                        BILLING CODE 3510–DS–P
                                                Steel Pipe from the Republic of Korea, 60 FR 10064                                                            gear for the vessels, as well as provide
                                                                                                                                                              additional information on potential
srobinson on DSK5SPTVN1PROD with NOTICES




                                                (February 23, 1995) (Amended Final Determination
                                                and Order).                                                                                                   impacts to protected resources,
                                                  9 See 19 CFR 351.303 (for general filing
                                                                                                                                                              particularly Chinook salmon bycatch,
                                                requirements).
                                                  10 See 19 CFR 351.309(c) and (d).                                                                           resulting from this added flexibility.
                                                  11 See 19 CFR 351.309(c)(2) and (d)(2).                                                                     The additional information would be
                                                  12 Id.                                                  15 See19 CFR 351.310(d).                            used to enhance the management of the
                                                  13 See 19 CFR 351.303.                                  16 Seesection 751(a)(3)(A) of the Act and 19 CFR    groundfish fishery and promote the
                                                  14 See 19 CFR 351.303(b)(1).                          351.213(h)(1).                                        objectives of the Pacific Coast


                                           VerDate Sep<11>2014   19:18 Dec 29, 2016   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\30DEN1.SGM   30DEN1


                                                96438                       Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices

                                                Groundfish Fishery Management Plan                      additional fish available could provide               mesh throughout the net (60 FR 13377,
                                                (FMP). This EFP would be effective for                  an opportunity for the redevelopment of               March 13, 1995). These measures were
                                                2017 and would expire no later than                     processing and harvesting in those areas              intended to give smaller-size fish the
                                                December 31, 2017, but could be                         of the coast that had been constrained                opportunity to escape from the entire
                                                terminated earlier under the terms and                  by the lower ACLs for these overfished                trawl net, reducing the likelihood those
                                                conditions of the EFP and other                         species. Additionally, according to the               fish would be caught.
                                                applicable laws. Additionally, NMFS,                    applicants, the two-seam design of the                   Beginning in 2005, the Council
                                                with input from the Pacific Fishery                     nets can make it difficult to include                 required the use of selective flatfish
                                                Management Council (Council), may                       some types of bycatch excluders.                      trawl for all groundfish trawling on the
                                                extend the EFP beyond 2017, if                          Eliminating the selective flatfish trawl              west coast north of 40°10′ N. lat.
                                                appropriate. Regulations under the                      gear requirement could provide vessels                shoreward of the RCA. The selective
                                                Magnuson-Stevens Fishery                                with more flexibility in designing their              flatfish trawl gear was originally
                                                Conservation and Management Act                         gear and would increase the opportunity               designed and implemented to reduce
                                                require publication of this notification                for using bycatch reduction devices of                the bycatch of round fish, such as
                                                to provide interested parties the                       different types.                                      canary rockfish and salmon, while
                                                opportunity to comment on applications                     Changes to the minimum mesh size                   increasing the catch of flatfish species.
                                                for proposed EFPs.                                      would provide participating vessels                   Previously, management actions to
                                                DATES: Comments must be received no                     with the flexibility to set their mesh size           protect vulnerable rockfish had greatly
                                                later than 5 p.m., local time on January                for the size of fish they intend to target.           expanded the boundaries of the trawl
                                                24, 2017.                                               It is unlikely that vessels would set their           RCA, moving the eastern boundary
                                                                                                        mesh size much lower than the current                 shoreward. These changes, while
                                                ADDRESSES: You may submit comments,
                                                                                                        minimum of 4.5 inches as smaller fish                 addressing the issues with vulnerable
                                                identified by 0648–XF068, by any one of
                                                                                                        tend to be less marketable. However, a                rockfish, also severely limited access to
                                                the following methods:
                                                                                                        smaller mesh size may reduce the                      productive flatfish stocks. Selective
                                                   • Email: nmfs.wcr.trawlgearefp@
                                                                                                        number of fish that are gilled (i.e. stuck            flatfish trawl was seen as a way for the
                                                noaa.gov.
                                                   • Mail: Barry Thom, Regional                         in the mesh) and, as a result, are                    fleet to still access the fishing grounds
                                                Administrator, West Coast Region,                       unmarketable.                                         while protecting the vulnerable rockfish
                                                                                                           Information collected during under                 species.
                                                NMFS, 7600 Sand Point Way NE.,
                                                                                                        the EFP Program would be used to                         NMFS is concerned with the potential
                                                Seattle, WA 98115–0070, Attn: Melissa
                                                                                                        support the analysis for potential new                impacts a selective flatfish trawl
                                                Hooper.
                                                                                                        and modification to existing gear                     exemption and minimum mesh size
                                                FOR FURTHER INFORMATION CONTACT:                        regulations, including the Council’s                  exemption may have on protected
                                                Melissa Hooper: (206) 526–4357 or                       trawl gear modifications regulatory                   species. Available information suggests
                                                melissa.hooper@noaa.gov.                                amendment which the Council took                      that bycatch rates of ESA-listed salmon,
                                                SUPPLEMENTARY INFORMATION: This                         final action on earlier in 2016. With                 eulachon, and green sturgeon could
                                                action is authorized by the FMP and                     many of the current gear regulations                  increase as a result of the increased
                                                implementing regulations at 50 CFR                      having been in place for more than ten                effort resulting from this EFP Program.
                                                600.745, which states that EFPs may be                  years, it is difficult for NMFS, the                  NMFS is focused on developing an EFP
                                                used to authorize fishing activities that               Council, and industry to predict the                  that would meet the applicants’
                                                would otherwise be prohibited.                          impacts of removing these regulations.                objectives to better target pelagic
                                                   If awarded, the EFP Program would                    In the past ten years, the industry has               rockfish species while collecting
                                                give participating vessels an exemption                 changed significantly. Reduction in                   information about bycatch and
                                                from the current requirement at 50 CFR                  capacity, innovations in gear                         minimizing bycatch to the extent
                                                660.130(b)(3)(ii)(A) to use selective                   technologies, and changes in                          practicable. To address NMFS’
                                                flatfish trawl gear shoreward of the RCA                management have all contributed to                    concerns, the applicants are proposing
                                                and north of 40°10′ N. lat. EFP vessels                 these changes. The EFP Program would                  that bycatch information, as well as haul
                                                would instead be subject to a small                     help demonstrate what potential                       level data and genetics will be collected
                                                footrope requirement similar to what is                 impacts today’s fleet could have when                 on all salmon caught. Because a targeted
                                                required south of 40°10′ N. lat.                        some of the current gear regulations are              fishery for chilipepper, widow, and
                                                Additionally, if awarded, the EFP                       eliminated.                                           yellowtail rockfish has not existed in
                                                Program would give participating                           In the early 1990s, the Council                    more than a decade, there is limited
                                                vessels an exemption from the current                   redefined bottom trawl gear and                       information about expected bycatch in
                                                requirement at 50 CFR 660.130(b)(2) to                  established 4.5 inches as the minimum                 these target fisheries. The applicants are
                                                use a 4.5 inch (11.4 cm) mesh                           mesh size for bottom trawl codends                    proposing that all salmon caught under
                                                throughout the net for bottom trawl                     coastwide, and then required the larger               this EFP Program would be counted
                                                vessels with a Federal limited entry                    mesh throughout the remainder of the                  against a salmon bycatch limit set by the
                                                permit. Participating vessels would                     trawl nets. These initial mesh                        NMFS for the EFP.
                                                carry observers or electronic monitoring                regulations were intended to: (1) Reduce                 The applicants are proposing the
                                                on 100-percent of trips, as is currently                the harvest of small and unmarketable                 following additional measures to
                                                required in the IFQ program.                            fish, (2) reduce the incidental harvest of            minimize and monitor bycatch under
                                                   This exempted fishing activity is                    unwanted species, and (3) establish a                 the EFP Program:
                                                designed to provide participants with                   standard, coastwide mesh requirement.                    • Enrollment provisions—Vessels
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                                                additional flexibility to configure their               However, the two different sizes                      will be required to contact NMFS prior
                                                gear to re-establish a targeted rockfish                throughout the mesh created a loophole                to a specified deadline to enroll in the
                                                fishery for widow, yellowtail, and                      for some vessels. By 1995, regulations                EFP for a minimum of one month.
                                                chilipepper rockfish. The annual catch                  were implemented by the Council to                    Vessels may opt in or out of the EFP
                                                limits (ACLs) for both widow and                        address this loophole. The new                        Program on a monthly basis only, with
                                                chilipepper rockfish are increasing to                  regulations required all bottom trawl                 the exception of the month of May, by
                                                levels not seen in several years, and the               nets to have a minimum of 4.5 inch                    notifying NMFS. During May, vessels


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                                                                            Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices                                                96439

                                                using midwater gear after May 15th                      tow’’ and a ‘‘stand down’’ rule where a               accommodate different protocols for
                                                must declare out before they begin to                   participating vessel would have to                    different gear configurations and
                                                use the gear and can only declare back                  declare out of the EFP Program                        monitoring types (e.g., electronic
                                                in once they revert back to bottom trawl                following a series of high bycatch trips              monitoring vs. observers). Therefore,
                                                gear.                                                   as defined in the application.                        NMFS is proposing to approve an
                                                  • Salmon bycatch provisions—                             • Area-based Avoidance provisions—                 overall EFP program, covering all of the
                                                Vessels will be required to operate                     The EFP Program includes provisions                   individual EFPs, with consistent general
                                                under a 3,500 Chinook salmon bycatch                    regarding two closed areas:                           requirements following the conclusion
                                                cap under this EFP, and a specific                         Æ Klamath River Salmon                             of the public comment period.
                                                Chinook salmon sub-cap of 595 Chinook                   Conservation Zone—The Klamath River
                                                                                                                                                              Subsequently, we will issue the actual
                                                (17 percent of the total Chinook salmon                 Conservation Zone, as defined in
                                                cap) on EFP Program trips south of 43°                                                                        permits for the EFPs to individual
                                                                                                        regulation at 50 CFR 660.131(c)(1), will
                                                N, also known as the Eureka                             be closed to participating vessels for the            participants according to the nature of
                                                Management Area. Once the sub-cap                       duration of the EFP Program.                          their fishing activities. NMFS intends to
                                                limit is reached, the Eureka                               Æ Columbia River Salmon                            use an adaptive management approach
                                                Management Area would be closed to                      Conservation Zone—The Columbia                        in which NMFS may revise
                                                participating vessels, but participating                River Salmon Conservation Zone, as                    requirements and protocols to improve
                                                vessels could continue to fish under this               defined in regulation at 50 CFR                       the program without issuing another
                                                EFP north of 43° N. If the Chinook                      660.131(c)(2), will be closed to                      Federal Register notice, provided that
                                                salmon bycatch cap for the EFP Program                  participating vessels for the duration of             the modifications fall within the scope
                                                (3,500 Chinook) is reached, the entire                  the EFP Program.                                      of the original EFP Program. In addition,
                                                EFP Program would be closed for the                        The Pacific Fishery Management                     the applicants may request minor
                                                remainder of the year. Vessels will be                  Council reviewed the EFP application at               modifications and extensions to the EFP
                                                required to retain and land all salmon                  its September and November 2016                       Program throughout the course of
                                                bycatch on all trips that fall under this               meetings and recommended that NMFS                    research. EFP Program modifications
                                                EFP. Vessels participating in the EFP                   issue permits, under this EFP Program,                and extensions may be granted without
                                                Program are also required to provide all                as proposed with the following                        further public notice if they are deemed
                                                salmon bycatch information as quickly                   amendments:                                           essential to facilitate completion of the
                                                as possible and without any restrictions                   • Set the Chinook salmon bycatch                   proposed research and result in only a
                                                on confidentiality.                                     limit for this EFP Program at no more
                                                                                                                                                              minimal change in the scope or impacts
                                                  • Monitoring provisions—Vessels                       than 4,000 fish.
                                                participating in this EFP will be                          • Include a sub-limit of 17 percent, or            of the initially approved EFP request.
                                                required to use 100 percent monitoring                  680 Chinook, for the Eureka                             In accordance with NAO
                                                on all EFP Program trips, as is                         management area.                                      Administrative Order 216–6, a
                                                consistent with the requirements of the                    • Remove the provision to trigger a                Categorical Exclusion or other
                                                shoreside IFQ fishery. Vessels carrying                 closure of the Columbia River Salmon                  appropriate National Environmental
                                                observers must continue to sort their                   Conservation Zone to EFP fishing when                 Policy Act document would be
                                                salmon bycatch by haul. Vessels                         1,000 Chinook have been caught by EFP                 completed prior to the issuance of any
                                                participating in both the electronic                    participants.                                         permits under this EFP Program.
                                                monitoring EFP Program and this EFP                        • Include the following criteria in the            Further review and consultation may be
                                                Program must continue using the same                    definition of a high bycatch trip: 1 adult            necessary before a final determination is
                                                monitoring and reporting provisions                     Chinook (defined as 20 inches or                      made to issue the permits. After
                                                required under the electronic                           greater) caught in the California portion             publication of this document in the
                                                monitoring EFP Program. All vessels,                    of the Klamath Management Zone
                                                                                                                                                              Federal Register, the EFP Program, if
                                                regardless of using electronic                          (KMZ) defined consistent with salmon
                                                                                                                                                              approved by NMFS, may be
                                                monitoring or observers, will be                        regulations as waters from the
                                                required to have 100 percent shoreside                  California/Oregon border south to Horse               implemented following the public
                                                monitoring.                                             Mountain.                                             comment period. NMFS will consider
                                                  Æ Real-Time Bycatch Monitoring                           • Vessels could fish concurrently                  comments submitted, as well as the
                                                provisions—The participating vessels                    under both this EFP Program and the                   Council’s discussion at their November
                                                would work with Pacific States Marine                   electronic monitoring EFP Program.                    2016 Council meeting, in deciding
                                                Fisheries Commission to provide real-                      • Participants must submit an                      whether or not to approve the
                                                time, or close to it, monitoring of                     informal report for the April 2017                    application as requested. NMFS may
                                                salmon bycatch on all EFP Program trips                 Council meeting and a formal report for               approve the application in its entirety or
                                                through fishtickets and shoreside                       the June 2017 Council meeting.                        may make any alternations needed to
                                                monitoring reports. The reports would                      • The permits under this EFP                       achieve the goals of the EFP Program.
                                                include number of landing events (total                 Program will not automatically renew
                                                                                                                                                                Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
                                                and since last report) and number of                    for the 2018 year, but a resubmission of
                                                                                                                                                              773 et seq., and 16 U.S.C. 7001 et seq.
                                                Chinook salmon landed (total and since                  an application can be made to the
                                                last report).                                           Council in September 2017.                              Dated: December 27, 2016.
                                                  • Fleet accountability provisions—In                     The applicants have not proposed a                 Alan D. Risenhoover,
                                                this EFP, the applicants have developed                 specific list of participating vessels, as
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                                                                                                                                                              Director, Office of Sustainable Fisheries,
                                                rules and definitions for bycatch                       is traditionally the case, but rather are             National Marine Fisheries Service.
                                                avoidance and mitigation. These                         proposing an overall EFP program that                 [FR Doc. 2016–31704 Filed 12–29–16; 8:45 am]
                                                include definitions of a ‘‘high bycatch                 any vessel in the fleet could enroll in by
                                                                                                                                                              BILLING CODE 3510–22–P
                                                tow’’, ‘‘adult salmon’’, and ‘‘high                     applying to NMFS. Depending on the
                                                bycatch trip.’’ Bycatch avoidances                      diversity of interested vessels, NMFS
                                                measures include moving locations                       may need to develop several EFPs
                                                when experiencing a ‘‘high bycatch                      within the overall EFP program to


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Document Created: 2016-12-30 05:16:17
Document Modified: 2016-12-30 05:16:17
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 EFP application; request for comments.
DatesComments must be received no later than 5 p.m., local time on January 24, 2017.
ContactMelissa Hooper: (206) 526-4357 or [email protected]
FR Citation81 FR 96437 
RIN Number0648-XF06

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