82_FR_5550 82 FR 5539 - Fisheries of the Exclusive Economic Zone Off Alaska; Application for an Exempted Fishing Permit

82 FR 5539 - Fisheries of the Exclusive Economic Zone Off Alaska; Application for an Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5539-5541
FR Document2017-01063

This notice announces receipt of an application from the Alaska Seafood Cooperative and co-applicants to renew exempted fishing permit (EFP) 2016-01 as modified on January 10, 2017. NMFS announced receipt of the application for EFP 2016-01 on January 25, 2016. NMFS issued EFP 2016-01 on May 6, 2016, and modified the EFP on January 10, 2017. If granted, this renewal would extend the expiration date of modified EFP 2016-01 from April 30, 2017, to December 31, 2017. The objective of EFP 2016-01 is to allow the applicants to remove halibut from a trawl codend on the deck, and release those halibut back to the water in a timely manner to increase survivability. Under the EFP, halibut are sampled by NMFS-trained observers for length and physical condition using standard International Pacific Halibut Commission halibut mortality assessment methods. The objectives of EFP 2016-01 are to (1) test methods for sorting halibut on deck for suitability as an allowable fish handling mode for the non-pollock catcher/processor trawl fisheries (Amendment 80, community development quota, and trawl limited access) in the Bering Sea and Aleutian Islands under an eventual regulated program; and (2) simplify and improve on elements that worked under a 2015 deck sorting EFP project. This experiment has the potential to promote the objectives of the Magnuson-Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act of 1982.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5539-5541]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01063]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF160


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

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

ACTION: Notice; receipt of application to renew an exempted fishing 
permit.

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

SUMMARY: This notice announces receipt of an application from the 
Alaska Seafood Cooperative and co-applicants to renew exempted fishing 
permit (EFP) 2016-01 as modified on January 10, 2017. NMFS announced 
receipt of the application for EFP 2016-01 on January 25, 2016. NMFS 
issued EFP 2016-01 on May 6, 2016, and modified the EFP on January 10, 
2017. If granted, this renewal would extend the expiration date of 
modified EFP 2016-01 from April 30, 2017, to December 31, 2017. The 
objective of EFP 2016-01 is to allow the applicants to remove halibut 
from a trawl codend on the deck, and release those halibut back to the 
water in a timely manner to increase survivability. Under the EFP, 
halibut are sampled by NMFS-trained observers for length and physical 
condition using standard International Pacific Halibut Commission 
halibut mortality assessment methods. The objectives of EFP 2016-01 are 
to (1) test methods for sorting halibut on deck for suitability as an 
allowable fish handling mode for the non-pollock catcher/processor 
trawl fisheries (Amendment 80, community development quota, and trawl 
limited access) in the Bering Sea and Aleutian Islands under an 
eventual regulated program; and (2) simplify and improve on elements 
that worked under a 2015 deck sorting EFP project. This experiment has 
the potential to promote the objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act and the Northern Pacific Halibut Act of 
1982.

DATES: Comments on this EFP application must be submitted to NMFS on or 
before February 7, 2017. The North Pacific Fishery Management Council 
(Council) will consider the application at its meeting from January 30 
through February 6, 2017, in Seattle, WA.

ADDRESSES: The Council meeting will be held at the Renaissance Seattle 
Hotel, 515 Madison Street, Seattle, WA 98104. The agenda for the 
Council meeting is available at http://www.npfmc.org. You may submit 
comments on this document, identified by NOAA-NMFS-2017-0006, by any of 
the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0006, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address) submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the EFP application, modified EFP 2016-01, and 
the basis for a categorical exclusion under the National Environmental 
Policy Act are available from the Alaska Region, NMFS Web site at 
http://alaskafisheries.noaa.gov/.

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

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the Bering Sea and Aleutian Islands management area (BSAI) 
under the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (FMP), which the Council prepared 
under the Magnuson-Stevens Fishery Conservation and Management Act. 
Regulations governing the BSAI groundfish fisheries appear at 50 CFR 
parts 600 and 679. The FMP and the implementing regulations at Sec.  
600.745(b) and Sec.  679.6 allow the NMFS Regional Administrator to 
authorize, for limited experimental purposes, fishing that would 
otherwise be prohibited. Procedures for issuing EFPs are contained in 
the implementing regulations.
    The International Pacific Halibut Commission (IPHC) and NMFS manage 
fishing for Pacific halibut (Hippoglossus stenolepis) through 
regulations established under the authority of the Convention between 
the United States and Canada for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and Bering Sea (Convention) and 
the Northern Pacific Halibut Act of 1982. The IPHC promulgates 
regulations pursuant to the Convention. The IPHC's regulations are 
subject to approval by the Secretary of State with concurrence from the 
Secretary of Commerce (Secretary).

Background

    Regulations implemented by the IPHC allow Pacific halibut to be 
commercially harvested by the directed North Pacific longline fishery. 
Halibut is a prohibited species in the groundfish fishery, requiring 
immediate return to the sea with a minimum of injury. Halibut caught 
incidentally by catcher/processors in the nonpelagic trawl groundfish 
fisheries must be weighed on a NMFS-approved scale, sampled by 
observers, and returned to the ocean as soon as possible. The Council 
establishes annual maximum halibut bycatch allowances and seasonal 
apportionments adjusted by an estimated halibut discard mortality rate 
(DMR) for groundfish fisheries. The DMRs are based on the best 
information available, including information contained in the annual 
Stock Assessment and Fishery Evaluation report, available at http://www.alaskafisheries.noaa.gov/. NMFS approves the halibut DMRs developed 
and recommended by the IPHC and the Council for the BSAI groundfish 
fisheries for use in monitoring the halibut bycatch allowances and 
seasonal apportionments.
    Directed fishing in a groundfish fishery closes when the halibut 
mortality apportionment for the fishery is reached, even if the target 
species catch is less than the seasonal or annual quota for the 
directed fishery. In the case of the Bering Sea flatfish fishery, 
seasons have been closed before fishery quotas have been reached to 
prevent the fishery from exceeding the halibut mortality apportionment.
    With the implementation of Amendment 80 to the FMP on September 14, 
2007 (72 FR 52668), halibut mortality apportionments were established 
for the Amendment 80

[[Page 5540]]

sector and for Amendment 80 cooperatives. Amendment 80 is a catch share 
program that allocates several BSAI non-pollock trawl groundfish 
fisheries (including the flatfish fishery) among fishing sectors, and 
facilitates the formation of harvesting cooperatives in the non-
American Fisheries Act trawl catcher/processor sector. Though halibut 
mortality apportionments provide Amendment 80 cooperatives more 
flexibility to use available mortality, halibut mortality continues to 
constrain fishing in some Amendment 80 fisheries. Therefore, this 
sector is actively exploring ways to continue to reduce halibut 
mortality.
    Before incidentally caught halibut are returned to the sea, at-sea 
observers must estimate halibut and groundfish catch amounts. 
Regulations in 50 CFR part 679 assure that observer estimates of 
halibut and groundfish catch are credible and accurate, and that 
potential bias is minimized. For example, NMFS requires that all catch 
be made available for sampling by an observer; prohibits tampering with 
observer samples; prohibits removal of halibut from a codend, bin, or 
conveyance system prior to being observed and counted by an at-sea 
observer; and prohibits fish (including halibut) from remaining on deck 
unless an observer is present.
    In 2009 and 2012, halibut mortality experiments were conducted by 
members of the Amendment 80 sector under EFP 09-02 (74 FR 12113, March 
23, 2009) and EFP 12-01 (76 FR 70972, November 16, 2011). By 
regulation, all catch including halibut is moved across a flow scale 
below deck before the halibut is returned to the sea. Halibut mortality 
increases with increased handling and time out of water. Under the 2009 
and 2012 EFPs, experimental methods for sorting catch on a vessel's 
deck allowed halibut to be returned to the sea in less time, with less 
handling relative to halibut routed below deck and over the flow scale. 
The halibut mortality during flatfish fishing under the 2009 and 2012 
EFPs was estimated to be approximately 17 metric tons (mt) and 10.8 mt, 
respectively, less than the amounts estimated from the DMR for this 
fishery. The reduced halibut mortality under the 2009 and 2012 EFPs is 
attributed to the improved condition of halibut through reduced 
handling and time out of water.
    In 2015, test fishing under EFP 2015-02 (80 FR 3222, January 22, 
2015) expanded on results of the 2009 and 2012 EFPs to explore the 
feasibility of deck sorting halibut in additional fisheries, on more 
vessels, and during a longer interval of time during the fishing 
season. The primary objective was to reduce halibut mortality in the 
Amendment 80 groundfish fisheries in 2015. Fishing under the EFP began 
in May and continued through November. The most prominent result from 
the 2015 EFP was that substantial halibut mortality savings were 
achieved from deck sorting on catcher/processors operating in Bering 
Sea non-pelagic trawl fisheries. The 2015 EFP is estimated to have 
saved 175 mt of halibut. For the nine vessels that participated in the 
2015 EFP, all but one achieved mortality rates in the range of 41 
percent to 53 percent, compared to the standard mortality rate of 80 
percent in the Bering Sea flatfish fisheries without deck sorting 
(average across target fisheries of interest for the 2015 EFP).
    Test fishing under EFP 2016-01 from May through November 2016 
resulted in more participating vessels over more fisheries and yielded 
greater halibut savings relative to prior years. Twelve boats 
participated in test fishing under EFP 2016-01. In prior deck sorting 
EFPs, test fishing primarily occurred in the flathead sole and 
arrowtooth flounder fisheries. In 2016, test fishing expanded to 
fisheries for yellowfin sole, Pacific cod, Pacific ocean perch, and 
Atka mackerel to a much larger extent than in prior years. Based on 
preliminary results, EFP 2016-01 is estimated to have saved 288 mt of 
halibut in 2016. Though modified EFP 2016-01 is valid through April 30, 
2017, no halibut savings data from 2017 are available to report at this 
time.
    Through the course of EFP fishing in 2016, NMFS and the EFP 
participants identified modifications to EFP 2016-01 that would improve 
the effectiveness of the EFP and reduce the burden on industry to 
participate in the EFP. For example, EFP 2016-01 required participating 
vessels to carry three observers to collect data during EFP fishing. 
Through the course of the year, it became apparent that two observers 
could sufficiently collect the requisite data for EFP hauls. As a 
result, NMFS subsequently modified EFP 2016-01 to make it optional for 
participating vessels to carry more than two observers on EFP trips. 
Under modified EFP 2016-01 (see ADDRESSES) vessel operators may opt to 
carry more than two observers to maintain the pace at which fish are 
run through the factory while halibut are being sorted and sampled by 
an observer on deck or they may carry two observers with the condition 
that fish may not be run into the factory while the observer is on deck 
sampling the sorted halibut. Additional modifications to EFP 2016-01 
included (a) changes in observer sampling methods designed to increase 
consistency of observer sampling for the EFP with other, routine 
observer sampling in the fisheries; (b) changes to the persons named on 
the EFP as designated representatives; and (c) the addition of new 
vessels to the EFP.

Proposed Action

    On January 10, 2017, the Alaska Seafood Cooperative (AKSC), an 
Amendment 80 cooperative, submitted an application to renew modified 
EFP 2016-01 through the end of 2017 to continue to build on the 
information collected in prior deck sorting EFPs and further reduce 
halibut mortality in the Amendment 80, community development quota 
(CDQ), and trawl limited access sectors. The proposed action would 
extend the effective date of modified EFP 2016-01 (see ADDRESSES) from 
April 30, 2017 to December 31, 2017. No other changes to modified EFP 
2016-01 are proposed.
    The renewed EFP would allow halibut to continue to be sorted, 
sampled, and released prior to being weighed on a flow scale, to 
achieve the experimental objectives of modified EFP 2016-01 and reduce 
halibut mortality. Halibut prohibited species catch (PSC) mortality for 
vessels engaged in experimental fishing would not exceed the 2017 
halibut PSC mortality apportionments set out in Table 14 of the Final 
2016 and 2017 Harvest Specifications (available at https://alaskafisheries.noaa.gov/sites/default/files/16_17bsaitable14.pdf). 
Participants request no additional groundfish or halibut quota as part 
of this EFP renewal application, and all groundfish catch will accrue 
against the appropriate Amendment 80, CDQ, or trawl limited access 
sector catch and PSC allowances.
    Under the EFP, participants would be limited to their groundfish 
allocations under the 2017 harvest specifications (81 FR 14773, March 
18, 2016). The amount of halibut mortality applied to the EFP 
activities would be subject to review and approval by NMFS.
    In 2018, the AKSC would be required to submit to NMFS a report of 
the EFP results after EFP experimental fishing has ended in 2017. The 
report would include a comparison of halibut mortality from halibut 
sampled during the EFP and an estimate of halibut mortality under 
standard IPHC halibut mortality rates for those target fisheries. 
Additionally, the report should compare the estimated amount of halibut 
sampled by observers in the factory with the census of halibut 
collected in the factory by vessel crew to evaluate the precision and 
associated variance of sampled-based extrapolations and to

[[Page 5541]]

inform a decision of the best way to account for factory halibut in a 
regulated program.
    This EFP would be valid upon renewal until either the end of 2017 
or when the annual halibut mortality apportionment is reached in areas 
of the BSAI open to directed fishing by the various sectors, whichever 
occurs first. EFP-authorized fishing activities would not be expected 
to change the nature or duration of the groundfish fishery, gear used, 
or the amount or species of fish caught by the participants.
    The fieldwork that would be conducted under this EFP is not 
expected to have a significant impact on the human environment as 
detailed in the categorical exclusion prepared for this action (see 
ADDRESSES).
    In accordance with Sec.  679.6, NMFS has determined that the 
renewal application warrants further consideration and has forwarded 
the application to the Council to initiate consultation. The Council is 
scheduled to consider the EFP renewal application during its February 
2017 meeting, which will be held at the Renaissance Seattle Hotel, 
Seattle WA. The applicant has been invited to appear in support of the 
renewal application.

Public Comments

    Interested persons may comment on the application at the February 
2017 Council meeting during public testimony or until February 7, 2017. 
Information regarding the meeting is available at the Council's Web 
site at http://www.npfmc.org. Copies of the renewal application and 
categorical exclusion are available for review from NMFS (see 
ADDRESSES). Comments also may be submitted directly to NMFS (see 
ADDRESSES) by the end of the comment period (see DATES).

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

    Dated: January 12, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-01063 Filed 1-17-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                             Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices                                             5539

                                                    Dated: January 11, 2017.                              North Pacific Fishery Management                       authorize, for limited experimental
                                                  Julia Harrison,                                         Council (Council) will consider the                    purposes, fishing that would otherwise
                                                  Chief, Permits and Conservation Division,               application at its meeting from January                be prohibited. Procedures for issuing
                                                  Office of Protected Resources, National                 30 through February 6, 2017, in Seattle,               EFPs are contained in the implementing
                                                  Marine Fisheries Service.                               WA.                                                    regulations.
                                                  [FR Doc. 2017–00952 Filed 1–17–17; 8:45 am]             ADDRESSES: The Council meeting will be                    The International Pacific Halibut
                                                  BILLING CODE 3510–22–P                                  held at the Renaissance Seattle Hotel,                 Commission (IPHC) and NMFS manage
                                                                                                          515 Madison Street, Seattle, WA 98104.                 fishing for Pacific halibut (Hippoglossus
                                                                                                          The agenda for the Council meeting is                  stenolepis) through regulations
                                                  DEPARTMENT OF COMMERCE                                  available at http://www.npfmc.org. You                 established under the authority of the
                                                                                                          may submit comments on this                            Convention between the United States
                                                  National Oceanic and Atmospheric                                                                               and Canada for the Preservation of the
                                                                                                          document, identified by NOAA-NMFS-
                                                  Administration                                                                                                 Halibut Fishery of the Northern Pacific
                                                                                                          2017-0006, by any of the following
                                                  RIN 0648–XF160                                          methods:                                               Ocean and Bering Sea (Convention) and
                                                                                                             • Electronic Submission: Submit all                 the Northern Pacific Halibut Act of
                                                  Fisheries of the Exclusive Economic                     electronic public comments via the                     1982. The IPHC promulgates regulations
                                                  Zone Off Alaska; Application for an                     Federal e-Rulemaking Portal. Go to                     pursuant to the Convention. The IPHC’s
                                                  Exempted Fishing Permit                                 www.regulations.gov/#!docketDetail;D=                  regulations are subject to approval by
                                                                                                          NOAA-NMFS-2017-0006, click the                         the Secretary of State with concurrence
                                                  AGENCY:  National Marine Fisheries                                                                             from the Secretary of Commerce
                                                  Service (NMFS), National Oceanic and                    ‘‘Comment Now!’’ icon, complete the
                                                                                                          required fields, and enter or attach your              (Secretary).
                                                  Atmospheric Administration (NOAA),
                                                  Commerce.                                               comments.                                              Background
                                                  ACTION: Notice; receipt of application to
                                                                                                             • Mail: Submit written comments to
                                                                                                                                                                    Regulations implemented by the IPHC
                                                  renew an exempted fishing permit.                       Glenn Merrill, Assistant Regional
                                                                                                                                                                 allow Pacific halibut to be commercially
                                                                                                          Administrator, Sustainable Fisheries
                                                                                                                                                                 harvested by the directed North Pacific
                                                  SUMMARY:   This notice announces receipt                Division, Alaska Region NMFS, Attn:
                                                                                                                                                                 longline fishery. Halibut is a prohibited
                                                  of an application from the Alaska                       Ellen Sebastian. Mail comments to P.O.
                                                                                                                                                                 species in the groundfish fishery,
                                                  Seafood Cooperative and co-applicants                   Box 21668, Juneau, AK 99802–1668.
                                                                                                                                                                 requiring immediate return to the sea
                                                  to renew exempted fishing permit (EFP)                     Instructions: Comments sent by any
                                                                                                                                                                 with a minimum of injury. Halibut
                                                  2016–01 as modified on January 10,                      other method, to any other address or
                                                                                                                                                                 caught incidentally by catcher/
                                                  2017. NMFS announced receipt of the                     individual, or received after the end of
                                                                                                                                                                 processors in the nonpelagic trawl
                                                  application for EFP 2016–01 on January                  the comment period, may not be
                                                                                                                                                                 groundfish fisheries must be weighed on
                                                  25, 2016. NMFS issued EFP 2016–01 on                    considered. All comments received are
                                                                                                                                                                 a NMFS-approved scale, sampled by
                                                  May 6, 2016, and modified the EFP on                    a part of the public record and will
                                                                                                                                                                 observers, and returned to the ocean as
                                                  January 10, 2017. If granted, this                      generally be posted for public viewing
                                                                                                                                                                 soon as possible. The Council
                                                  renewal would extend the expiration                     on www.regulations.gov without change.                 establishes annual maximum halibut
                                                  date of modified EFP 2016–01 from                       All personal identifying information                   bycatch allowances and seasonal
                                                  April 30, 2017, to December 31, 2017.                   (e.g., name, address) submitted                        apportionments adjusted by an
                                                  The objective of EFP 2016–01 is to allow                voluntarily by the sender will be                      estimated halibut discard mortality rate
                                                  the applicants to remove halibut from a                 publicly accessible. NMFS will accept                  (DMR) for groundfish fisheries. The
                                                  trawl codend on the deck, and release                   anonymous comments (enter ‘‘N/A’’ in                   DMRs are based on the best information
                                                  those halibut back to the water in a                    the required fields if you wish to remain              available, including information
                                                  timely manner to increase survivability.                anonymous).                                            contained in the annual Stock
                                                  Under the EFP, halibut are sampled by                      Electronic copies of the EFP
                                                                                                                                                                 Assessment and Fishery Evaluation
                                                  NMFS-trained observers for length and                   application, modified EFP 2016–01, and
                                                                                                                                                                 report, available at http://
                                                  physical condition using standard                       the basis for a categorical exclusion
                                                                                                                                                                 www.alaskafisheries.noaa.gov/. NMFS
                                                  International Pacific Halibut                           under the National Environmental
                                                                                                                                                                 approves the halibut DMRs developed
                                                  Commission halibut mortality                            Policy Act are available from the Alaska
                                                                                                                                                                 and recommended by the IPHC and the
                                                  assessment methods. The objectives of                   Region, NMFS Web site at http://alaska
                                                                                                                                                                 Council for the BSAI groundfish
                                                  EFP 2016–01 are to (1) test methods for                 fisheries.noaa.gov/.
                                                                                                                                                                 fisheries for use in monitoring the
                                                  sorting halibut on deck for suitability as              FOR FURTHER INFORMATION CONTACT:                       halibut bycatch allowances and seasonal
                                                  an allowable fish handling mode for the                 Brandee Gerke, 907–586–7228.                           apportionments.
                                                  non-pollock catcher/processor trawl                     SUPPLEMENTARY INFORMATION: NMFS                           Directed fishing in a groundfish
                                                  fisheries (Amendment 80, community                      manages the domestic groundfish                        fishery closes when the halibut
                                                  development quota, and trawl limited                    fisheries in the Bering Sea and Aleutian               mortality apportionment for the fishery
                                                  access) in the Bering Sea and Aleutian                  Islands management area (BSAI) under                   is reached, even if the target species
                                                  Islands under an eventual regulated                     the Fishery Management Plan for                        catch is less than the seasonal or annual
                                                  program; and (2) simplify and improve                   Groundfish of the Bering Sea and                       quota for the directed fishery. In the
                                                  on elements that worked under a 2015                    Aleutian Islands Management Area                       case of the Bering Sea flatfish fishery,
                                                  deck sorting EFP project. This                          (FMP), which the Council prepared                      seasons have been closed before fishery
                                                  experiment has the potential to promote                 under the Magnuson-Stevens Fishery                     quotas have been reached to prevent the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the objectives of the Magnuson-Stevens                  Conservation and Management Act.                       fishery from exceeding the halibut
                                                  Fishery Conservation and Management                     Regulations governing the BSAI                         mortality apportionment.
                                                  Act and the Northern Pacific Halibut                    groundfish fisheries appear at 50 CFR                     With the implementation of
                                                  Act of 1982.                                            parts 600 and 679. The FMP and the                     Amendment 80 to the FMP on
                                                  DATES: Comments on this EFP                             implementing regulations at                            September 14, 2007 (72 FR 52668),
                                                  application must be submitted to NMFS                   § 600.745(b) and § 679.6 allow the                     halibut mortality apportionments were
                                                  on or before February 7, 2017. The                      NMFS Regional Administrator to                         established for the Amendment 80


                                             VerDate Sep<11>2014   17:41 Jan 17, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\18JAN1.SGM   18JAN1


                                                  5540                       Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

                                                  sector and for Amendment 80                             was to reduce halibut mortality in the                 methods designed to increase
                                                  cooperatives. Amendment 80 is a catch                   Amendment 80 groundfish fisheries in                   consistency of observer sampling for the
                                                  share program that allocates several                    2015. Fishing under the EFP began in                   EFP with other, routine observer
                                                  BSAI non-pollock trawl groundfish                       May and continued through November.                    sampling in the fisheries; (b) changes to
                                                  fisheries (including the flatfish fishery)              The most prominent result from the                     the persons named on the EFP as
                                                  among fishing sectors, and facilitates the              2015 EFP was that substantial halibut                  designated representatives; and (c) the
                                                  formation of harvesting cooperatives in                 mortality savings were achieved from                   addition of new vessels to the EFP.
                                                  the non-American Fisheries Act trawl                    deck sorting on catcher/processors
                                                                                                                                                                 Proposed Action
                                                  catcher/processor sector. Though                        operating in Bering Sea non-pelagic
                                                  halibut mortality apportionments                        trawl fisheries. The 2015 EFP is                          On January 10, 2017, the Alaska
                                                  provide Amendment 80 cooperatives                       estimated to have saved 175 mt of                      Seafood Cooperative (AKSC), an
                                                  more flexibility to use available                       halibut. For the nine vessels that                     Amendment 80 cooperative, submitted
                                                  mortality, halibut mortality continues to               participated in the 2015 EFP, all but one              an application to renew modified EFP
                                                  constrain fishing in some Amendment                     achieved mortality rates in the range of               2016–01 through the end of 2017 to
                                                  80 fisheries. Therefore, this sector is                 41 percent to 53 percent, compared to                  continue to build on the information
                                                  actively exploring ways to continue to                  the standard mortality rate of 80 percent              collected in prior deck sorting EFPs and
                                                  reduce halibut mortality.                               in the Bering Sea flatfish fisheries                   further reduce halibut mortality in the
                                                     Before incidentally caught halibut are               without deck sorting (average across                   Amendment 80, community
                                                  returned to the sea, at-sea observers                   target fisheries of interest for the 2015              development quota (CDQ), and trawl
                                                  must estimate halibut and groundfish                    EFP).                                                  limited access sectors. The proposed
                                                  catch amounts. Regulations in 50 CFR                       Test fishing under EFP 2016–01 from                 action would extend the effective date
                                                  part 679 assure that observer estimates                 May through November 2016 resulted in                  of modified EFP 2016–01 (see
                                                  of halibut and groundfish catch are                     more participating vessels over more                   ADDRESSES) from April 30, 2017 to
                                                  credible and accurate, and that potential               fisheries and yielded greater halibut                  December 31, 2017. No other changes to
                                                  bias is minimized. For example, NMFS                    savings relative to prior years. Twelve                modified EFP 2016–01 are proposed.
                                                  requires that all catch be made available               boats participated in test fishing under                  The renewed EFP would allow
                                                  for sampling by an observer; prohibits                  EFP 2016–01. In prior deck sorting                     halibut to continue to be sorted,
                                                  tampering with observer samples;                        EFPs, test fishing primarily occurred in               sampled, and released prior to being
                                                  prohibits removal of halibut from a                     the flathead sole and arrowtooth                       weighed on a flow scale, to achieve the
                                                  codend, bin, or conveyance system prior                 flounder fisheries. In 2016, test fishing              experimental objectives of modified EFP
                                                  to being observed and counted by an at-                 expanded to fisheries for yellowfin sole,              2016–01 and reduce halibut mortality.
                                                  sea observer; and prohibits fish                        Pacific cod, Pacific ocean perch, and                  Halibut prohibited species catch (PSC)
                                                  (including halibut) from remaining on                   Atka mackerel to a much larger extent                  mortality for vessels engaged in
                                                  deck unless an observer is present.                     than in prior years. Based on                          experimental fishing would not exceed
                                                     In 2009 and 2012, halibut mortality                  preliminary results, EFP 2016–01 is                    the 2017 halibut PSC mortality
                                                  experiments were conducted by                           estimated to have saved 288 mt of                      apportionments set out in Table 14 of
                                                  members of the Amendment 80 sector                      halibut in 2016. Though modified EFP                   the Final 2016 and 2017 Harvest
                                                  under EFP 09–02 (74 FR 12113, March                     2016–01 is valid through April 30, 2017,               Specifications (available at https://
                                                  23, 2009) and EFP 12–01 (76 FR 70972,                   no halibut savings data from 2017 are                  alaskafisheries.noaa.gov/sites/default/
                                                  November 16, 2011). By regulation, all                  available to report at this time.                      files/16_17bsaitable14.pdf). Participants
                                                  catch including halibut is moved across                    Through the course of EFP fishing in                request no additional groundfish or
                                                  a flow scale below deck before the                      2016, NMFS and the EFP participants                    halibut quota as part of this EFP renewal
                                                  halibut is returned to the sea. Halibut                 identified modifications to EFP 2016–01                application, and all groundfish catch
                                                  mortality increases with increased                      that would improve the effectiveness of                will accrue against the appropriate
                                                  handling and time out of water. Under                   the EFP and reduce the burden on                       Amendment 80, CDQ, or trawl limited
                                                  the 2009 and 2012 EFPs, experimental                    industry to participate in the EFP. For                access sector catch and PSC allowances.
                                                  methods for sorting catch on a vessel’s                 example, EFP 2016–01 required                             Under the EFP, participants would be
                                                  deck allowed halibut to be returned to                  participating vessels to carry three                   limited to their groundfish allocations
                                                  the sea in less time, with less handling                observers to collect data during EFP                   under the 2017 harvest specifications
                                                  relative to halibut routed below deck                   fishing. Through the course of the year,               (81 FR 14773, March 18, 2016). The
                                                  and over the flow scale. The halibut                    it became apparent that two observers                  amount of halibut mortality applied to
                                                  mortality during flatfish fishing under                 could sufficiently collect the requisite               the EFP activities would be subject to
                                                  the 2009 and 2012 EFPs was estimated                    data for EFP hauls. As a result, NMFS                  review and approval by NMFS.
                                                  to be approximately 17 metric tons (mt)                 subsequently modified EFP 2016–01 to                      In 2018, the AKSC would be required
                                                  and 10.8 mt, respectively, less than the                make it optional for participating                     to submit to NMFS a report of the EFP
                                                  amounts estimated from the DMR for                      vessels to carry more than two observers               results after EFP experimental fishing
                                                  this fishery. The reduced halibut                       on EFP trips. Under modified EFP                       has ended in 2017. The report would
                                                  mortality under the 2009 and 2012 EFPs                  2016–01 (see ADDRESSES) vessel                         include a comparison of halibut
                                                  is attributed to the improved condition                 operators may opt to carry more than                   mortality from halibut sampled during
                                                  of halibut through reduced handling                     two observers to maintain the pace at                  the EFP and an estimate of halibut
                                                  and time out of water.                                  which fish are run through the factory                 mortality under standard IPHC halibut
                                                     In 2015, test fishing under EFP 2015–                while halibut are being sorted and                     mortality rates for those target fisheries.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  02 (80 FR 3222, January 22, 2015)                       sampled by an observer on deck or they                 Additionally, the report should compare
                                                  expanded on results of the 2009 and                     may carry two observers with the                       the estimated amount of halibut
                                                  2012 EFPs to explore the feasibility of                 condition that fish may not be run into                sampled by observers in the factory with
                                                  deck sorting halibut in additional                      the factory while the observer is on deck              the census of halibut collected in the
                                                  fisheries, on more vessels, and during a                sampling the sorted halibut. Additional                factory by vessel crew to evaluate the
                                                  longer interval of time during the                      modifications to EFP 2016–01 included                  precision and associated variance of
                                                  fishing season. The primary objective                   (a) changes in observer sampling                       sampled-based extrapolations and to


                                             VerDate Sep<11>2014   17:41 Jan 17, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\18JAN1.SGM   18JAN1


                                                                             Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices                                                      5541

                                                  inform a decision of the best way to                    SUMMARY:   The Bureau recognizes that                  service providers, from their
                                                  account for factory halibut in a                        many supervised entities may choose to                 compensation levels to whether they
                                                  regulated program.                                      implement incentive programs to                        will continue to be employed or
                                                    This EFP would be valid upon                          achieve business objectives. When                      retained at all. Incentives are found in
                                                  renewal until either the end of 2017 or                 properly implemented and monitored,                    many markets for consumer financial
                                                  when the annual halibut mortality                       reasonable incentives can benefit                      products and services, and span the life
                                                  apportionment is reached in areas of the                consumers and the financial                            cycle from marketing to sales, servicing,
                                                  BSAI open to directed fishing by the                    marketplace as a whole.                                and collection. Common examples
                                                  various sectors, whichever occurs first.                  This bulletin compiles guidance that                 include sales or referrals of new
                                                  EFP-authorized fishing activities would                 has previously been given by the CFPB                  products or services to existing
                                                  not be expected to change the nature or                 in other contexts and highlights                       consumers (‘‘cross-selling’’), sales of
                                                  duration of the groundfish fishery, gear                examples from the CFPB’s supervisory                   products or services to new customers,
                                                  used, or the amount or species of fish                  and enforcement experience in which                    sales at higher prices where pricing
                                                  caught by the participants.                             incentives contributed to substantial                  discretion exists, quotas for customer
                                                    The fieldwork that would be                           consumer harm. It also describes                       calls completed, and collections
                                                  conducted under this EFP is not                         compliance management steps                            benchmarks.
                                                  expected to have a significant impact on                supervised entities should take to                       This Bulletin compiles guidance the
                                                  the human environment as detailed in                    mitigate risks posed by incentives.                    CFPB has already given in other
                                                  the categorical exclusion prepared for                  DATES: The Bureau released this                        contexts and highlights examples from
                                                  this action (see ADDRESSES).                            Compliance Bulletin on its Web site on                 the CFPB’s supervisory and enforcement
                                                    In accordance with § 679.6, NMFS has                  November 28, 2016                                      experience in which incentives
                                                  determined that the renewal application                 FOR FURTHER INFORMATION CONTACT:                       contributed to substantial consumer
                                                  warrants further consideration and has                  Vanessa Careiro, Attorney-Advisor,                     harm. It also describes compliance
                                                  forwarded the application to the                        Office of Supervision Policy, 1700 G                   management steps that supervised
                                                  Council to initiate consultation. The                   Street NW., 20552, (202) 435–9394.                     entities should take to mitigate risks
                                                  Council is scheduled to consider the                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 posed by incentives.
                                                  EFP renewal application during its
                                                                                                          1. Compliance Bulletin                                 A. Risks to Consumers From Incentives
                                                  February 2017 meeting, which will be
                                                  held at the Renaissance Seattle Hotel,                     Financial services companies,                          Despite their potential benefits,
                                                  Seattle WA. The applicant has been                      including entities supervised by the                   incentive programs can pose risks to
                                                  invited to appear in support of the                     Consumer Financial Protection Bureau                   consumers, especially when they create
                                                  renewal application.                                    (CFPB or Bureau), may accomplish                       an unrealistic culture of high-pressure
                                                                                                          business objectives through programs                   targets. When such programs are not
                                                  Public Comments                                                                                                carefully and properly implemented and
                                                                                                          that tie outcomes to certain benchmarks,
                                                    Interested persons may comment on                     both required and optional. Companies                  monitored, they may create incentives
                                                  the application at the February 2017                    may apply these production incentives,                 for employees or service providers to
                                                  Council meeting during public                           including sales and other incentives,                  pursue overly aggressive marketing,
                                                  testimony or until February 7, 2017.                    (‘‘incentives’’) to employees or service               sales, servicing, or collections tactics.
                                                  Information regarding the meeting is                    providers or both. The risks these                     Through its supervisory and
                                                  available at the Council’s Web site at                  incentives may pose to consumers are                   enforcement programs, the CFPB has
                                                  http://www.npfmc.org. Copies of the                     significant and both the intended and                  taken action where employees have
                                                  renewal application and categorical                     unintended effects of incentives can be                opened accounts or enrolled consumers
                                                  exclusion are available for review from                 complex, which makes this subject                      in services without consent or where
                                                  NMFS (see ADDRESSES). Comments also                     worthy of more careful attention by                    employees or service providers have
                                                  may be submitted directly to NMFS (see                  institutional leadership, compliance                   misled consumers into purchasing
                                                  ADDRESSES) by the end of the comment
                                                                                                          officers, and regulators alike. We thus                products the consumers did not want,
                                                  period (see DATES).                                     will continue to invite further dialogue               were unaware would harm them
                                                     Authority: 16 U.S.C. 1801 et seq.                    and discussion around the issues                       financially, or came with an unexpected
                                                                                                          addressed in this Bulletin.                            ongoing periodic fee.
                                                    Dated: January 12, 2017.                                                                                        Depending on the facts and
                                                  Samuel D. Rauch III,                                       The Bureau acknowledges that
                                                                                                          incentives have been common across                     circumstances, such incentives may
                                                  Deputy Assistant Administrator for                                                                             lead to outright violations of Federal
                                                  Regulatory Programs, National Marine                    many economic sectors, including the
                                                                                                          market for consumer financial products                 consumer financial law 1 and other risks
                                                  Fisheries Service.                                                                                             to the institution, such as public
                                                  [FR Doc. 2017–01063 Filed 1–17–17; 8:45 am]
                                                                                                          and services. When properly
                                                                                                          implemented and monitored, reasonable                  enforcement, supervisory actions,
                                                  BILLING CODE 3510–22–P
                                                                                                          incentives can benefit all stakeholders                private litigation, reputational harm,
                                                                                                          and the financial marketplace as a                       1 Selected examples of these violations previously
                                                                                                          whole. For instance, companies may be                  identified by the Bureau include the Dodd-Frank
                                                  BUREAU OF CONSUMER FINANCIAL                            able to attract and retain high-                       Act’s prohibition of unfair, deceptive, and/or
                                                  PROTECTION                                              performing employees to enhance their                  abusive acts or practices (UDAAPs) (Dodd-Frank
                                                                                                          overall competitive performance.                       Act, §§ 1031 & 1036(a), codified at 12 U.S.C. 5531
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Compliance Bulletin 2016–03:                            Consumers may also benefit if these                    & 5536(a); the Electronic Fund Transfer Act (EFTA),
                                                  Detecting and Preventing Consumer                                                                              as implemented by Regulation E (15 U.S.C. 1693 et
                                                                                                          programs lead to improved customer                     seq.; 12 CFR part 1005); the Fair Credit Reporting
                                                  Harm From Production Incentives                         service or introduce them to products or               Act, as implemented by Regulation V (15 U.S.C.
                                                                                                          services that are beneficial to their                  1681–1681x; 12 CFR part 1022); the Truth in
                                                  AGENCY:  Bureau of Consumer Financial                                                                          Lending Act (TILA), as implemented by Regulation
                                                  Protection.                                             financial interests.                                   Z (15 U.S.C. 1601 et seq.; 12 CFR part 1026); and
                                                                                                             Such incentives can affect a wide                   the Fair Debt Collection Practices Act (15 U.S.C
                                                  ACTION: Compliance Bulletin.
                                                                                                          range of outcomes for employees or                     1692–1692p).



                                             VerDate Sep<11>2014   17:41 Jan 17, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\18JAN1.SGM   18JAN1



Document Created: 2018-02-01 15:19:01
Document Modified: 2018-02-01 15:19:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; receipt of application to renew an exempted fishing permit.
DatesComments on this EFP application must be submitted to NMFS on or before February 7, 2017. The North Pacific Fishery Management Council (Council) will consider the application at its meeting from January 30 through February 6, 2017, in Seattle, WA.
ContactBrandee Gerke, 907-586-7228.
FR Citation82 FR 5539 
RIN Number0648-XF16

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR