82_FR_53101 82 FR 52882 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit

82 FR 52882 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range52882-52884
FR Document2017-24716

NMFS announces the receipt of two exempted fishing permit (EFP) applications. The first application was received from The Nature Conservancy (TNC) for an EFP to test commercial pot fishing gear for selective harvest of lingcod. The lingcod pot gear EFP is intended to provide for the selective harvest of lingcod with fixed gear inside the non-trawl rockfish conservation area (RCA), allowing harvest of lingcod within existing annual catch limits (ACLs) while keeping catch of co- occurring overfished species (e.g. yelloweye rockfish) within rebuilding ACLs. The second application was received from the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Midwater Trawlers Cooperative for an EFP to test if and how the removal of certain trawl gear, time, and area restrictions for the Shorebased Individual Fishing Quota (IFQ) Program may impact the nature and extent of bycatch of prohibited species. This EFP is intended to allow participating limited entry groundfish bottom trawl and midwater trawl vessels more flexibility in 2018 to target pelagic rockfish species, such as widow, chilipepper, and yellowtail rockfish. The NMFS West Coast Region's Assistant Regional Administrator for Sustainable Fisheries has made a preliminary determination that the subject EFP applications contain all the required information and warrant further consideration. Therefore, NMFS announces that the Assistant Regional Administrator for Sustainable Fisheries proposes to recommend that EFPs be issued.

Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)
[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52882-52884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF799


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

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

ACTION: Notice; receipt of exempted fishing permit applications; 
request for comments.

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

SUMMARY: NMFS announces the receipt of two exempted fishing permit 
(EFP) applications. The first application was received from The Nature 
Conservancy (TNC) for an EFP to test commercial pot fishing gear for 
selective harvest of lingcod. The lingcod pot gear EFP is intended to 
provide for the selective harvest of lingcod with fixed gear inside the 
non-trawl rockfish conservation area (RCA), allowing harvest of lingcod 
within existing annual catch limits (ACLs) while keeping catch of co-
occurring overfished species (e.g. yelloweye rockfish) within 
rebuilding ACLs. The second application was received from the West 
Coast Seafood Processors Association, Environmental Defense Fund, 
Oregon Trawl Commission, and Midwater Trawlers Cooperative for an EFP 
to test if and how the removal of certain trawl gear, time, and area 
restrictions for the Shorebased Individual Fishing Quota (IFQ) Program 
may impact the nature and extent of bycatch of prohibited species. This 
EFP is intended to allow participating limited entry groundfish bottom 
trawl and midwater trawl vessels more flexibility in 2018 to target 
pelagic rockfish species, such as widow, chilipepper, and yellowtail 
rockfish. The NMFS West Coast Region's Assistant Regional Administrator 
for Sustainable Fisheries has made a preliminary determination that the 
subject EFP applications contain all the required information and 
warrant further consideration. Therefore, NMFS announces that the 
Assistant Regional Administrator for Sustainable Fisheries proposes to 
recommend that EFPs be issued.

DATES: Comments must be received no later than 5 p.m., local time on 
November 30, 2017.

ADDRESSES: You may submit comments, identified by 0648-XF799, 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: 
Karen Palmigiano.
    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 would generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender would be publicly accessible. NMFS would accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments would be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Information relevant to this notice or the EFP applications are 
available for public review during business hours at the NMFS West 
Coast Regional Office at 7600 Sand Point Way NE., Seattle, WA 98115, or 
by requesting them via phone or the email address listed in the FOR 
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano at (206) 526-4491 or 
[email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the Pacific 
Coast Groundfish Fishery Management Plan (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.

Lingcod Pot Gear EFP

    At its June 2016 meeting, the Pacific Fishery Management Council 
(Council) received an EFP application from TNC for the use of pot gear 
to target lingcod within the non-trawl RCA offshore of Washington and 
Oregon. An initial opportunity for public comment was provided during 
this meeting. At that time, the Council recommended that NMFS consider 
issuing the EFP for a period of two years (i.e., 2017 and 2018). The 
two-year duration was intended to coincide with the 2017-18 biennial 
harvest specifications and management measures process. However, due to 
unforeseen delays, NMFS was unable to issue this EFP for 2017, and is 
proposing to issue the EFP described below beginning in 2018. The EFP 
would expire no later than December 31, 2018.

[[Page 52883]]

    In 2014, during preliminary gear testing conducted by TNC and their 
research partners, catch of lingcod was lower than anticipated. During 
testing, the gear was only fished in areas open to non-trawl groundfish 
fishing, which included the area seaward of the non-trawl RCA, in 
depths ranging from approximately 100-200 fathoms (fm) (54.7-109.4 
meters). Applicants hypothesize that low catch of lingcod was primarily 
due to the non-trawl RCA (a depth-based area closure prohibiting 
fishing for lingcod with pot gear from approximately 30 fathoms to 100 
fathoms), closing depths where lingcod are most commonly found (i.e., 
shallower than 100 fm). Subsequently, TNC proposed and the Council 
recommended to NMFS an EFP which would provide an exemption to 
participating vessels to target lingcod with pot gear inside the non-
trawl RCA off Washington and Oregon. This EFP is necessary to allow 
activities that are otherwise prohibited by Federal regulations. As the 
RCAs were implemented to reduce incidental catch of overfished species, 
it is not uncommon for the Council to recommend to NMFS the permitting 
of fishing opportunities to occur inside a RCA when the gear is highly 
selective, with low bycatch of non-target and overfished groundfish 
species.
    Entanglement of humpback whales in pot gear buoy lines is a 
concern, particularly in the West Coast sablefish pot fishery, which is 
designated as a Category II fishery in the 2017 List of Fisheries (82 
FR 9690, February 8, 2017) due to its occasional interactions with 
humpback whales; the last of which was documented in 2006. Concerns 
with regards to the pot gear, similar to sablefish pot gear with 
regards to the buoy lines, being employed in the proposed EFP are 
mitigated because the magnitude of the fishing effort permitted under 
this EFP would be minimal and occur off Oregon, where fewer documented 
interactions between pot gear and humpback whales has occurred. 
Therefore, NMFS is proposing to approve the EFP consistent with general 
requirements following the conclusion of the public comment period. 
Subsequently, NMFS would issue the actual permits for the EFP to 
individual participants and TNC as the entity coordinating EFP-related 
fishing activities as appropriate. NMFS intends to use an adaptive 
management approach for this EFP in which NMFS may revise requirements 
and protocols to improve the EFP without issuing another Federal 
Register Notice, provided that the modifications fall within the scope 
of the Council's original intent. Such changes 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 NOAA Administrative Order (NAO) 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. 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, if 
approved by NMFS, may be implemented following the public comment 
period. NMFS would consider comments submitted, as well as the 
Council's discussion at their June 2016 Council meeting, in deciding 
whether to approve the application as requested. NMFS may approve the 
application in its entirety or may make any alterations needed to 
achieve the goals of the EFP.

2018 Trawl Gear EFP

    In September 2017, the Council received an application for an EFP 
from the West Coast Seafood Processors Association, Environmental 
Defense Fund, Oregon Trawl Commission, and Midwater Trawlers 
Cooperative to test if and how the removal of certain gear, time, and 
area restrictions for the Shorebased IFQ Program may impact the nature 
and extent of prohibited species bycatch, particularly salmon and 
eulachon. This EFP is intended to allow participating limited entry 
groundfish bottom trawl and midwater trawl vessels more flexibility in 
2018 to target pelagic rockfish species, such as widow, chilipepper, 
and yellowtail rockfish. An opportunity for public testimony was 
provided during the Council meeting, after which the Council 
recommended the EFP with several changes. Specifically, the Council 
narrowed the number of exemptions they recommended to include in the 
EFP. After the Council meeting, the applicants updated their 
application based on the Council's recommendations and resubmitted a 
final version of the application to NMFS on October 4, 2017. Copies of 
the final version of the application are available from NMFS. (See 
ADDRESSES for how to obtain this information).
    In late 2016, industry members proposed a trawl gear EFP for 2017 
(later known as the 2017 trawl gear EFP) to provide them exemptions to 
the minimum mesh size requirement and exemptions to the requirement to 
use selective flatfish trawl shoreward of the trawl RCA north of 
42[deg] North latitude (N. lat) for limited entry bottom trawl vessels. 
Since implementation of the 2017 trawl gear EFP in March 2017, limited 
entry groundfish bottom trawl vessels have been testing their new gear 
configurations by targeting midwater pelagic rockfish (primarily widow 
rockfish and yellowtail rockfish) using modified bottom trawl gear 
north of 42[deg] N. lat. shoreward of the trawl RCA with minimal 
impacts on Chinook salmon. As of the end of October 2017, there have 
been 50 trips taken by 10 vessels, and they have caught a total of four 
Chinook salmon. Information on gear configurations has been collected, 
and the data would helpful information any potential modifications or 
elimination of current gear restrictions.
    To continue collecting information on impacts to salmon and 
eulachon that may arise from the modification or elimination of gear, 
time, and area regulations, the applicants have requested a 2018 trawl 
gear EFP that expands upon the 2017 trawl gear EFP. The trawl gear EFP 
in 2018 would provide participating vessels with several exemptions 
regarding the required minimum mesh size, the requirement to use 
selective flatfish trawl gear shoreward of the trawl RCA and north of 
42[deg] N. lat., the prohibition on fishing with midwater groundfish 
trawl gear north of 40[deg]10' N. lat. in all areas prior to May 15th 
each year, the prohibition on fishing with midwater groundfish trawl 
gear south of 40[deg]10' N. lat. within the boundaries of the trawl RCA 
(midwater groundfish trawling would still be prohibited shoreward of 
the RCA and south of 40[deg]10' N. lat.), the prohibition on bringing a 
new haul onboard before a previous haul is stowed, and the prohibition 
on carrying and fishing more than one type of groundfish trawl gear 
(midwater and bottom trawl gear) on the same trip.
    If approved, vessels fishing on an EFP trip with bottom trawl gear 
would be permitted to use any small footrope gear that meets the 
definition in regulations at Sec.  660.11 shoreward of the RCA and 
north of 42[deg] N. lat. similar to what is required south of 
40[deg]10' N. lat. Vessels fishing on an EFP trip with limited entry 
midwater trawl vessels would be permitted to fish within all areas 
north of 40[deg]10' N. lat. and within the boundaries and seaward of 
the RCA south of 40[deg]10' N. lat. for the duration of this EFP. These 
vessels would not be constrained to the primary whiting season dates. 
All participating groundfish bottom trawl and midwater trawl vessels on 
an EFP trip would be

[[Page 52884]]

permitted to carry and fish both groundfish trawl gear types (bottom 
trawl and midwater trawl) on the same trip, assuming the proper 
declarations are made, and bring a new haul on board before a previous 
haul is stowed. Finally, vessels fishing on an EFP trip would not be 
constrained by the mesh requirements regarding size or how it is 
measured. Participating vessels would carry observers or use a NMFS-
approved electronic monitoring system on 100-percent of trips, as is 
currently required in the IFQ program.
    NMFS has some concerns with the potential impacts these exemptions 
may have on protected and prohibited species. The best available data 
suggests that bycatch rates of Endangered Species Act listed salmon, 
eulachon, and green sturgeon could increase as a result of the 
increased effort resulting from this EFP. However, because a targeted 
fishery for chilipepper, widow, and yellowtail rockfish has not existed 
in more than a decade and the fishery has changed a lot since this data 
was collected, this data may not reflect current bycatch rates 
resulting in its limited utility for predicting current impacts to 
protected and prohibited species. Thus, NMFS has been working with the 
applicant to develop 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's concerns, the applicants included in their application a 
requirement to collect bycatch information at the haul level and 
genetic samples on all salmon caught. Additionally, the applicants 
proposed and the Council recommended that all salmon caught by vessels 
participating in this EFP would be subject to a total salmon harvest 
guideline of 3,547 Chinook salmon. In addition, the Council recommend 
two sub-harvest guidelines to further help mitigate against potential 
impacts:
     Prior to May 15th--All vessels fishing on an EFP trip 
north of 42[deg] N. lat. would be subject to a sub-harvest guideline of 
720 Chinook salmon (out of the 3,547 Chinook salmon total harvest 
guideline) for this area, including seaward, within, and shoreward of 
the trawl RCA, from the inception of this EFP until 12:01 a.m. on May 
15th which corresponds to the start of the Primary whiting season for 
the Shorebased IFQ fishery. From May 15th through the end of this EFP, 
all EFP trips taken north of 42[deg] N. lat. would be subject to the 
remainder of total harvest guideline (3,547 Chinook salmon) for the 
EFP.
     South of 42[deg] N. lat.--All vessels fishing on an EFP 
trip south of 42[deg] N. lat. would be subject to a sub-harvest 
guideline of 80 Chinook salmon (out of the 3,547 Chinook salmon harvest 
guideline) for this area for the duration of this EFP.
    If the overall harvest guideline of 3,547 Chinook salmon for the 
EFP is reached, the EFP would be shut down. Additionally, if a sub-
harvest guideline is reached EFP trips for which that sub-harvest 
guideline apply would be shut down. For example, if vessels fishing 
north of 42[deg] N. lat. prior to May 15th catch more than 720 Chinook 
salmon, the EFP would be shut down until May 15th when it would open 
back up in this area under the 3,547 Chinook salmon harvest guideline. 
For the area south of 42[deg] N. lat., if any time during the EFP 
vessels fishing in this area catch more than 80 Chinook salmon, the EFP 
activity in the area south of 42[deg] N. lat. would be shut down and 
would not reopen for the remainder of the EFP.
    The applicants have not proposed a specific list of participating 
vessels, as is traditionally the case, but rather are proposing that 
NMFS publish a public notice to gauge interest from limited entry 
groundfish midwater and bottom trawl vessels. Depending on the amount 
of interest and where vessels may be fishing, NMFS may need to limit 
participation by time and area to mitigate against potential impacts. 
Participating vessels that enroll in the EFP would be required to 
declare into and out of the EFP on a monthly basis by notifying NMFS.
    Information collected under the EFP could be used to support the 
analysis for potential new and modifications to existing gear 
regulations. 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. This EFP would help 
demonstrate what potential impacts, if any, today's fleet may have if 
some of the current gear, area, and time regulations are modified from 
what is currently in regulation.
    Therefore, NMFS is proposing to approve a 2018 trawl gear EFP, 
covering all the exemptions stated above following the conclusion of 
the public comment period, review of public comment, and completion of 
an analysis of the potential impacts. Pending approval, NMFS would 
issue the permits for the EFP to the vessel owner or designated 
representative as the ``EFP holder.'' 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. In addition, the applicants may request minor modifications and 
extensions to the EFP throughout the course of research. EFP 
modifications and extensions may be granted without further public 
notice if they are determined 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. After publication of this document in the Federal Register, 
the EFP, if approved by NMFS, may be implemented following the public 
comment period. NMFS would consider comments submitted, as well as the 
Council's discussion at their September 2017 Council meeting, in 
deciding whether to approve the application as requested. NMFS may 
approve the application in its entirety or may make any alterations 
needed to achieve the goals of the EFP.

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

    Dated: November 9, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24716 Filed 11-14-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                52882                    Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices

                                                FOR FURTHER INFORMATION CONTACT:                        DEPARTMENT OF COMMERCE                                  • Email: nmfs_gf_efp2018.wcr@
                                                Katherine Cheney; NFMS West Coast                                                                             noaa.gov.
                                                Region; 503–231–6730; email:                            National Oceanic and Atmospheric                        • Mail: Barry Thom, Regional
                                                Katherine.Cheney@noaa.gov.                              Administration                                        Administrator, West Coast Region,
                                                                                                                                                              NMFS, 7600 Sand Point Way NE.,
                                                SUPPLEMENTARY INFORMATION:     Notice is                RIN 0648–XF799
                                                                                                                                                              Seattle, WA 98115–0070, Attn: Karen
                                                hereby given of a meeting of MAFAC’s                                                                          Palmigiano.
                                                                                                        Fisheries Off West Coast States;
                                                CBP Task Force. The MAFAC was                           Pacific Coast Groundfish Fishery;                       Instructions: Comments sent by any
                                                established by the Secretary of                         Application for an Exempted Fishing                   other method, to any other address or
                                                Commerce (Secretary) and, since 1971,                   Permit                                                individual, or received after the end of
                                                advises the Secretary on all living                                                                           the comment period, may not be
                                                marine resource matters that are the                    AGENCY:  National Marine Fisheries                    considered by NMFS. All comments
                                                responsibility of the Department of                     Service (NMFS), National Oceanic and                  received are a part of the public record
                                                Commerce. The complete MAFAC                            Atmospheric Administration (NOAA),                    and would generally be posted for
                                                charter and summaries of prior MAFAC                    Commerce.                                             public viewing on www.regulations.gov
                                                meetings are located online at http://                  ACTION: Notice; receipt of exempted                   without change. All personal identifying
                                                www.nmfs.noaa.gov/ocs/mafac/. The                       fishing permit applications; request for              information (e.g., name, address, etc.),
                                                CBP Task Force reports to MAFAC and                     comments.                                             confidential business information, or
                                                                                                                                                              otherwise sensitive information
                                                is being convened to discuss and
                                                                                                        SUMMARY:   NMFS announces the receipt                 submitted voluntarily by the sender
                                                develop recommendations for long-term                   of two exempted fishing permit (EFP)                  would be publicly accessible. NMFS
                                                goals to meet Columbia Basin salmon                     applications. The first application was               would accept anonymous comments
                                                recovery, conservation needs, and                       received from The Nature Conservancy                  (enter ‘‘N/A’’ in the required fields if
                                                harvest opportunities. These goals will                 (TNC) for an EFP to test commercial pot               you wish to remain anonymous).
                                                be developed in the context of habitat                  fishing gear for selective harvest of                 Attachments to electronic comments
                                                capacity and other factors that affect                  lingcod. The lingcod pot gear EFP is                  would be accepted in Microsoft Word,
                                                salmon mortality. More information is                   intended to provide for the selective                 Excel, or Adobe PDF file formats only.
                                                available at the CBP Task Force Web                     harvest of lingcod with fixed gear inside               Information relevant to this notice or
                                                page: http://                                           the non-trawl rockfish conservation area              the EFP applications are available for
                                                www.westcoast.fisheries.noaa.gov/                       (RCA), allowing harvest of lingcod                    public review during business hours at
                                                columbia_river/index.html.                              within existing annual catch limits                   the NMFS West Coast Regional Office at
                                                                                                        (ACLs) while keeping catch of co-                     7600 Sand Point Way NE., Seattle, WA
                                                Matters To Be Considered                                occurring overfished species (e.g.                    98115, or by requesting them via phone
                                                  The meeting time and agenda are                       yelloweye rockfish) within rebuilding                 or the email address listed in the FOR
                                                                                                        ACLs. The second application was                      FURTHER INFORMATION CONTACT section.
                                                subject to change. Updated information
                                                                                                        received from the West Coast Seafood                  FOR FURTHER INFORMATION CONTACT:
                                                will be available on the CBP Task Force
                                                                                                        Processors Association, Environmental                 Karen Palmigiano at (206) 526–4491 or
                                                Web page above. Meeting topics include
                                                                                                        Defense Fund, Oregon Trawl                            karen.palmigiano@noaa.gov.
                                                progress reports on applying the
                                                                                                        Commission, and Midwater Trawlers                     SUPPLEMENTARY INFORMATION: This
                                                analytical framework to example species
                                                                                                        Cooperative for an EFP to test if and                 action is authorized by the Pacific Coast
                                                as prototypes and updates on
                                                                                                        how the removal of certain trawl gear,                Groundfish Fishery Management Plan
                                                quantitative goal setting, guiding                      time, and area restrictions for the                   (FMP) and implementing regulations at
                                                principles, and vision. The meeting is                  Shorebased Individual Fishing Quota                   50 CFR 600.745, which states that EFPs
                                                open to the public as observers, and                    (IFQ) Program may impact the nature                   may be used to authorize fishing
                                                public input will be accepted on                        and extent of bycatch of prohibited                   activities that would otherwise be
                                                December 6, 2017, from 3:30 to 4 p.m.,                  species. This EFP is intended to allow                prohibited.
                                                limited to the time available.                          participating limited entry groundfish
                                                                                                                                                              Lingcod Pot Gear EFP
                                                Special Accommodations                                  bottom trawl and midwater trawl
                                                                                                        vessels more flexibility in 2018 to target               At its June 2016 meeting, the Pacific
                                                  The meeting is physically accessible                  pelagic rockfish species, such as widow,              Fishery Management Council (Council)
                                                to people with disabilities. Requests for               chilipepper, and yellowtail rockfish.                 received an EFP application from TNC
                                                sign language interpretation or other                   The NMFS West Coast Region’s                          for the use of pot gear to target lingcod
                                                auxiliary aids should be directed to                    Assistant Regional Administrator for                  within the non-trawl RCA offshore of
                                                                                                        Sustainable Fisheries has made a                      Washington and Oregon. An initial
                                                Katherine Cheney; 503–231–6730, by
                                                                                                        preliminary determination that the                    opportunity for public comment was
                                                November 28, 2017.                                                                                            provided during this meeting. At that
                                                                                                        subject EFP applications contain all the
                                                  Dated: November 9, 2017.                              required information and warrant                      time, the Council recommended that
                                                Jennifer Lukens,                                        further consideration. Therefore, NMFS                NMFS consider issuing the EFP for a
                                                Director for the Office of Policy, National             announces that the Assistant Regional                 period of two years (i.e., 2017 and 2018).
                                                Marine Fisheries Service.                               Administrator for Sustainable Fisheries               The two-year duration was intended to
                                                [FR Doc. 2017–24721 Filed 11–14–17; 8:45 am]            proposes to recommend that EFPs be                    coincide with the 2017–18 biennial
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        issued.                                               harvest specifications and management
                                                BILLING CODE 3510–22–P
                                                                                                                                                              measures process. However, due to
                                                                                                        DATES:  Comments must be received no                  unforeseen delays, NMFS was unable to
                                                                                                        later than 5 p.m., local time on                      issue this EFP for 2017, and is
                                                                                                        November 30, 2017.                                    proposing to issue the EFP described
                                                                                                        ADDRESSES: You may submit comments,                   below beginning in 2018. The EFP
                                                                                                        identified by 0648–XF799, by any one of               would expire no later than December
                                                                                                        the following methods:                                31, 2018.


                                           VerDate Sep<11>2014   19:58 Nov 14, 2017   Jkt 244001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\15NON1.SGM   15NON1


                                                                        Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices                                           52883

                                                   In 2014, during preliminary gear                     within the scope of the Council’s                     exemptions to the requirement to use
                                                testing conducted by TNC and their                      original intent. Such changes may be                  selective flatfish trawl shoreward of the
                                                research partners, catch of lingcod was                 granted without further public notice if              trawl RCA north of 42° North latitude
                                                lower than anticipated. During testing,                 they are deemed essential to facilitate               (N. lat) for limited entry bottom trawl
                                                the gear was only fished in areas open                  completion of the proposed research                   vessels. Since implementation of the
                                                to non-trawl groundfish fishing, which                  and result in only a minimal change in                2017 trawl gear EFP in March 2017,
                                                included the area seaward of the non-                   the scope or impacts of the initially                 limited entry groundfish bottom trawl
                                                trawl RCA, in depths ranging from                       approved EFP request.                                 vessels have been testing their new gear
                                                approximately 100–200 fathoms (fm)                         In accordance with NOAA                            configurations by targeting midwater
                                                (54.7–109.4 meters). Applicants                         Administrative Order (NAO) 216–6, a                   pelagic rockfish (primarily widow
                                                hypothesize that low catch of lingcod                   Categorical Exclusion or other                        rockfish and yellowtail rockfish) using
                                                was primarily due to the non-trawl RCA                  appropriate National Environmental                    modified bottom trawl gear north of 42°
                                                (a depth-based area closure prohibiting                 Policy Act document would be                          N. lat. shoreward of the trawl RCA with
                                                fishing for lingcod with pot gear from                  completed prior to the issuance of any                minimal impacts on Chinook salmon.
                                                approximately 30 fathoms to 100                         permits under this EFP. Further review                As of the end of October 2017, there
                                                fathoms), closing depths where lingcod                  and consultation may be necessary                     have been 50 trips taken by 10 vessels,
                                                are most commonly found (i.e.,                          before a final determination is made to               and they have caught a total of four
                                                shallower than 100 fm). Subsequently,                   issue the permits. After publication of               Chinook salmon. Information on gear
                                                TNC proposed and the Council                            this document in the Federal Register,                configurations has been collected, and
                                                recommended to NMFS an EFP which                        the EFP, if approved by NMFS, may be                  the data would helpful information any
                                                would provide an exemption to                           implemented following the public                      potential modifications or elimination
                                                participating vessels to target lingcod                 comment period. NMFS would consider                   of current gear restrictions.
                                                with pot gear inside the non-trawl RCA                  comments submitted, as well as the                       To continue collecting information on
                                                off Washington and Oregon. This EFP is                  Council’s discussion at their June 2016               impacts to salmon and eulachon that
                                                necessary to allow activities that are                  Council meeting, in deciding whether to               may arise from the modification or
                                                otherwise prohibited by Federal                         approve the application as requested.                 elimination of gear, time, and area
                                                regulations. As the RCAs were                           NMFS may approve the application in                   regulations, the applicants have
                                                implemented to reduce incidental catch                  its entirety or may make any alterations              requested a 2018 trawl gear EFP that
                                                of overfished species, it is not                        needed to achieve the goals of the EFP.               expands upon the 2017 trawl gear EFP.
                                                uncommon for the Council to                                                                                   The trawl gear EFP in 2018 would
                                                                                                        2018 Trawl Gear EFP
                                                recommend to NMFS the permitting of                                                                           provide participating vessels with
                                                                                                           In September 2017, the Council                     several exemptions regarding the
                                                fishing opportunities to occur inside a                 received an application for an EFP from
                                                RCA when the gear is highly selective,                                                                        required minimum mesh size, the
                                                                                                        the West Coast Seafood Processors                     requirement to use selective flatfish
                                                with low bycatch of non-target and                      Association, Environmental Defense
                                                overfished groundfish species.                                                                                trawl gear shoreward of the trawl RCA
                                                                                                        Fund, Oregon Trawl Commission, and                    and north of 42° N. lat., the prohibition
                                                   Entanglement of humpback whales in                   Midwater Trawlers Cooperative to test if              on fishing with midwater groundfish
                                                pot gear buoy lines is a concern,                       and how the removal of certain gear,                  trawl gear north of 40°10′ N. lat. in all
                                                particularly in the West Coast sablefish                time, and area restrictions for the                   areas prior to May 15th each year, the
                                                pot fishery, which is designated as a                   Shorebased IFQ Program may impact                     prohibition on fishing with midwater
                                                Category II fishery in the 2017 List of                 the nature and extent of prohibited                   groundfish trawl gear south of 40°10′ N.
                                                Fisheries (82 FR 9690, February 8, 2017)                species bycatch, particularly salmon                  lat. within the boundaries of the trawl
                                                due to its occasional interactions with                 and eulachon. This EFP is intended to                 RCA (midwater groundfish trawling
                                                humpback whales; the last of which was                  allow participating limited entry                     would still be prohibited shoreward of
                                                documented in 2006. Concerns with                       groundfish bottom trawl and midwater                  the RCA and south of 40°10′ N. lat.), the
                                                regards to the pot gear, similar to                     trawl vessels more flexibility in 2018 to             prohibition on bringing a new haul
                                                sablefish pot gear with regards to the                  target pelagic rockfish species, such as              onboard before a previous haul is
                                                buoy lines, being employed in the                       widow, chilipepper, and yellowtail                    stowed, and the prohibition on carrying
                                                proposed EFP are mitigated because the                  rockfish. An opportunity for public                   and fishing more than one type of
                                                magnitude of the fishing effort                         testimony was provided during the                     groundfish trawl gear (midwater and
                                                permitted under this EFP would be                       Council meeting, after which the                      bottom trawl gear) on the same trip.
                                                minimal and occur off Oregon, where                     Council recommended the EFP with                         If approved, vessels fishing on an EFP
                                                fewer documented interactions between                   several changes. Specifically, the                    trip with bottom trawl gear would be
                                                pot gear and humpback whales has                        Council narrowed the number of                        permitted to use any small footrope gear
                                                occurred. Therefore, NMFS is proposing                  exemptions they recommended to                        that meets the definition in regulations
                                                to approve the EFP consistent with                      include in the EFP. After the Council                 at § 660.11 shoreward of the RCA and
                                                general requirements following the                      meeting, the applicants updated their                 north of 42° N. lat. similar to what is
                                                conclusion of the public comment                        application based on the Council’s                    required south of 40°10′ N. lat. Vessels
                                                period. Subsequently, NMFS would                        recommendations and resubmitted a                     fishing on an EFP trip with limited
                                                issue the actual permits for the EFP to                 final version of the application to NMFS              entry midwater trawl vessels would be
                                                individual participants and TNC as the                  on October 4, 2017. Copies of the final               permitted to fish within all areas north
                                                entity coordinating EFP-related fishing
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                                                                                                        version of the application are available              of 40°10′ N. lat. and within the
                                                activities as appropriate. NMFS intends                 from NMFS. (See ADDRESSES for how to                  boundaries and seaward of the RCA
                                                to use an adaptive management                           obtain this information).                             south of 40°10′ N. lat. for the duration
                                                approach for this EFP in which NMFS                        In late 2016, industry members                     of this EFP. These vessels would not be
                                                may revise requirements and protocols                   proposed a trawl gear EFP for 2017                    constrained to the primary whiting
                                                to improve the EFP without issuing                      (later known as the 2017 trawl gear EFP)              season dates. All participating
                                                another Federal Register Notice,                        to provide them exemptions to the                     groundfish bottom trawl and midwater
                                                provided that the modifications fall                    minimum mesh size requirement and                     trawl vessels on an EFP trip would be


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                                                52884                   Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices

                                                permitted to carry and fish both                           • South of 42° N. lat.—All vessels                 or designated representative as the ‘‘EFP
                                                groundfish trawl gear types (bottom                     fishing on an EFP trip south of 42° N.                holder.’’ NMFS intends to use an
                                                trawl and midwater trawl) on the same                   lat. would be subject to a sub-harvest                adaptive management approach in
                                                trip, assuming the proper declarations                  guideline of 80 Chinook salmon (out of                which NMFS may revise requirements
                                                are made, and bring a new haul on                       the 3,547 Chinook salmon harvest                      and protocols to improve the program
                                                board before a previous haul is stowed.                 guideline) for this area for the duration             without issuing another Federal
                                                Finally, vessels fishing on an EFP trip                 of this EFP.                                          Register Notice, provided that the
                                                would not be constrained by the mesh                       If the overall harvest guideline of                modifications fall within the scope of
                                                requirements regarding size or how it is                3,547 Chinook salmon for the EFP is                   the original EFP. In addition, the
                                                measured. Participating vessels would                   reached, the EFP would be shut down.                  applicants may request minor
                                                carry observers or use a NMFS-approved                  Additionally, if a sub-harvest guideline              modifications and extensions to the EFP
                                                electronic monitoring system on 100-                    is reached EFP trips for which that sub-              throughout the course of research. EFP
                                                percent of trips, as is currently required              harvest guideline apply would be shut                 modifications and extensions may be
                                                in the IFQ program.                                     down. For example, if vessels fishing                 granted without further public notice if
                                                   NMFS has some concerns with the                      north of 42° N. lat. prior to May 15th                they are determined essential to
                                                potential impacts these exemptions may                  catch more than 720 Chinook salmon,                   facilitate completion of the proposed
                                                have on protected and prohibited                        the EFP would be shut down until May                  research and result in only a minimal
                                                species. The best available data suggests               15th when it would open back up in                    change in the scope or impacts of the
                                                that bycatch rates of Endangered                        this area under the 3,547 Chinook                     initially approved EFP request.
                                                Species Act listed salmon, eulachon,                    salmon harvest guideline. For the area                   In accordance with NAO
                                                and green sturgeon could increase as a                  south of 42° N. lat., if any time during              Administrative Order 216–6, a
                                                result of the increased effort resulting                the EFP vessels fishing in this area catch            Categorical Exclusion or other
                                                from this EFP. However, because a                       more than 80 Chinook salmon, the EFP                  appropriate National Environmental
                                                targeted fishery for chilipepper, widow,                activity in the area south of 42° N. lat.             Policy Act document would be
                                                and yellowtail rockfish has not existed                 would be shut down and would not                      completed prior to the issuance of any
                                                in more than a decade and the fishery                   reopen for the remainder of the EFP.                  permits under this EFP. After
                                                                                                           The applicants have not proposed a                 publication of this document in the
                                                has changed a lot since this data was
                                                                                                        specific list of participating vessels, as            Federal Register, the EFP, if approved
                                                collected, this data may not reflect
                                                                                                        is traditionally the case, but rather are             by NMFS, may be implemented
                                                current bycatch rates resulting in its
                                                                                                        proposing that NMFS publish a public                  following the public comment period.
                                                limited utility for predicting current
                                                                                                        notice to gauge interest from limited                 NMFS would consider comments
                                                impacts to protected and prohibited                     entry groundfish midwater and bottom
                                                species. Thus, NMFS has been working                                                                          submitted, as well as the Council’s
                                                                                                        trawl vessels. Depending on the amount
                                                with the applicant to develop an EFP                                                                          discussion at their September 2017
                                                                                                        of interest and where vessels may be
                                                that would meet the applicants’                                                                               Council meeting, in deciding whether to
                                                                                                        fishing, NMFS may need to limit
                                                objectives to better target pelagic                                                                           approve the application as requested.
                                                                                                        participation by time and area to
                                                rockfish species while collecting                                                                             NMFS may approve the application in
                                                                                                        mitigate against potential impacts.
                                                information about bycatch and                                                                                 its entirety or may make any alterations
                                                                                                        Participating vessels that enroll in the
                                                minimizing bycatch to the extent                                                                              needed to achieve the goals of the EFP.
                                                                                                        EFP would be required to declare into
                                                practicable. To address NMFS’s                          and out of the EFP on a monthly basis                   Authority: 16 U.S.C. 1801 et seq., 16
                                                concerns, the applicants included in                    by notifying NMFS.                                    U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
                                                their application a requirement to                         Information collected under the EFP                  Dated: November 9, 2017.
                                                collect bycatch information at the haul                 could be used to support the analysis for             Emily H. Menashes,
                                                level and genetic samples on all salmon                 potential new and modifications to
                                                caught. Additionally, the applicants                                                                          Acting Director, Office of Sustainable
                                                                                                        existing gear regulations. With many of               Fisheries, National Marine Fisheries Service.
                                                proposed and the Council                                the current gear regulations having been              [FR Doc. 2017–24716 Filed 11–14–17; 8:45 am]
                                                recommended that all salmon caught by                   in place for more than ten years, it is
                                                vessels participating in this EFP would                                                                       BILLING CODE 3510–22–P
                                                                                                        difficult for NMFS, the Council, and
                                                be subject to a total salmon harvest                    industry to predict the impacts of
                                                guideline of 3,547 Chinook salmon. In                   removing these regulations. In the past               DEPARTMENT OF COMMERCE
                                                addition, the Council recommend two                     ten years, the industry has changed
                                                sub-harvest guidelines to further help                  significantly. Reduction in capacity,                 National Oceanic and Atmospheric
                                                mitigate against potential impacts:                     innovations in gear technologies, and                 Administration
                                                   • Prior to May 15th—All vessels                      changes in management have all
                                                fishing on an EFP trip north of 42° N.                                                                        RIN 0648–XF811
                                                                                                        contributed to these changes. This EFP
                                                lat. would be subject to a sub-harvest                  would help demonstrate what potential                 Endangered and Threatened Species;
                                                guideline of 720 Chinook salmon (out of                 impacts, if any, today’s fleet may have               Take of Anadromous Fish
                                                the 3,547 Chinook salmon total harvest                  if some of the current gear, area, and
                                                guideline) for this area, including                     time regulations are modified from what               AGENCY:   National Marine Fisheries
                                                seaward, within, and shoreward of the                   is currently in regulation.                           Service (NMFS), National Oceanic and
                                                trawl RCA, from the inception of this                      Therefore, NMFS is proposing to                    Atmospheric Administration (NOAA),
                                                EFP until 12:01 a.m. on May 15th which                  approve a 2018 trawl gear EFP, covering
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                                                                                                                                                              Commerce.
                                                corresponds to the start of the Primary                 all the exemptions stated above                       ACTION: Applications for four new
                                                whiting season for the Shorebased IFQ                   following the conclusion of the public                scientific research permits, two permit
                                                fishery. From May 15th through the end                  comment period, review of public                      modifications, and eight permit
                                                of this EFP, all EFP trips taken north of               comment, and completion of an analysis                renewals.
                                                42° N. lat. would be subject to the                     of the potential impacts. Pending
                                                remainder of total harvest guideline                    approval, NMFS would issue the                        SUMMARY:Notice is hereby given that
                                                (3,547 Chinook salmon) for the EFP.                     permits for the EFP to the vessel owner               NMFS has received 14 scientific


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Document Created: 2018-10-25 10:37:55
Document Modified: 2018-10-25 10:37:55
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 exempted fishing permit applications; request for comments.
DatesComments must be received no later than 5 p.m., local time on November 30, 2017.
ContactKaren Palmigiano at (206) 526-4491 or [email protected]
FR Citation82 FR 52882 
RIN Number0648-XF79

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