83 FR 45224 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Applications for Exempted Fishing Permits (EFP)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 173 (September 6, 2018)

Page Range		45224-45225
FR Document		2018-19305

NMFS announces the receipt of three exempted fishing permit (EFP) applications. NMFS has made a preliminary determination that these EFP applications warrant further consideration. The applications, submitted by the San Francisco Community Fishing Association, Scott Cook, and Real Good Fish, request exemptions from prohibitions to fish for rockfish species in the non-trawl Rockfish Conservation Areas during the 2019-2020 fishing years. All three applicants request to test hook-and-line gear that selectively harvests underutilized, midwater rockfish species while avoiding bottom-dwelling, overfished rockfish species. NMFS requests public comment on these applications.

Federal Register, Volume 83 Issue 173 (Thursday, September 6, 2018)

[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45224-45225]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19305]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG459


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Pacific Coast Groundfish Fishery; Applications for Exempted 
Fishing Permits (EFP)

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS announces the receipt of three exempted fishing permit 
(EFP) applications. NMFS has made a preliminary determination that 
these EFP applications warrant further consideration. The applications, 
submitted by the San Francisco Community Fishing Association, Scott 
Cook, and Real Good Fish, request exemptions from prohibitions to fish 
for rockfish species in the non-trawl Rockfish Conservation Areas 
during the 2019-2020 fishing years. All three applicants request to 
test hook-and-line gear that selectively harvests underutilized, 
midwater rockfish species while avoiding bottom-dwelling, overfished 
rockfish species. NMFS requests public comment on these applications.

DATES: Comments must be received by October 9, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0093, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0093, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments. The EFP applications will be available under 
Supporting Documents through the same link.
     Mail: Submit written comments to Lynn Massey, West Coast 
Region, NMFS, 501 W. Ocean Blvd., Ste. 4200, Long Beach, CA 90802-4250.
     Instructions: Comments must be submitted by one of the 
above methods to ensure that the comments are received, documented, and 
considered by NMFS. 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, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS, 
(562) 436-2462, [email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the Pacific 
Coast Groundfish Fishery Management Plan and the regulations 
implementing the Magnuson-Stevens Fishery Conservation and Management 
Act at 50 CFR 600.745, which state that EFPs may be used to authorize 
fishing activities that would otherwise be prohibited.
    At its June 2018 meeting, the Pacific Fishery Management Council 
(Council) made its final recommendation to NMFS on three EFP 
applications. The Council considered the EFP applications concurrently 
with the 2019-2020 biennial harvest specifications and management 
process because expected catch under each EFP is included in the catch 
limits for groundfish stocks. All three EFP applicants request to test 
hook-and-line gear that selectively targets underutilized, midwater 
rockfish species (e.g., yellowtail rockfish) while avoiding overfished, 
bottom-dwelling rockfish species (e.g., yelloweye rockfish). An EFP is 
necessary for these activities because they will all occur in

[[Page 45225]]

the non-trawl RCA, which is closed to fishing with non-trawl fixed gear 
to protect overfished groundfish stocks. A summary of each EFP 
application is provided below:
     Yellowtail Rockfish Jig Fishing for the 2019-2020 Fishing 
Seasons: The San Francisco Community Fishing Association (SFCFA) and 
Daniel Platt submitted a renewal request for EFP activities that have 
been conducted since 2013. This EFP would authorize seven vessels to 
test the potential for a new commercial jig gear configured to target 
underutilized, midwater yellowtail and shelf rockfish species while 
avoiding overfished, bottom-dwelling yelloweye and canary rockfish. 
These EFP activities would take place within the non-trawl RCA off the 
California coast--specifically between Point Conception and the Oregon/
California border at depths ranging from 35 to 150 fathoms (64 to 274 
meters (m)).
     Commercial Midwater Hook-and-Line Rockfish Fishing in the 
RCA off the Oregon Coast: Scott Cook of Coos Bay, Oregon submitted an 
EFP to authorize 3-5 vessels to test a modified, midwater trolled 
longline gear configured to target underutilized, midwater yellowtail, 
widow, and canary rockfish while avoiding overfished, bottom-dwelling 
yelloweye rockfish. Alongside 100 percent observer coverage, this EFP 
would also test a new electronic monitoring (EM) device tailored to 
small vessels that are difficult to observe with human observers. These 
EFP activities will take place within the non-trawl RCA (referred to as 
Fixed Gear RCA in the EFP application) off the Oregon Coast--
specifically in the rocky reef habitat at depths ranging from 30 to 100 
fathoms (55 to 183 m). The Council approved this EFP application for 
final recommendation to NMFS with the understanding that the applicant 
will: (1) Harvest no more than 5 metric tons (mt) of canary rockfish as 
opposed to the requested 10 mt; (2) use artificial fishing lures; and, 
(3) limit the number of hooks per individual line to 40 or less with a 
maximum of 125 hooks total. The Council recommended the use of 
artificial fishing lures and a maximum hook limitation in order to 
minimize potential seabird interactions.
     Monterey Bay Regional Exempted Fishing Permit--Chilipepper 
Rockfish: Real Good Fish of Moss Landing, California submitted an EFP 
to authorize 5-10 vessels to: (1) Test a trolled hook-and-line gear 
configured to target underutilized, midwater chilipepper rockfish and 
avoid overfished, bottom-dwelling yelloweye rockfish; (2) determine 
areas that are abundant with chilipepper rockfish and that correspond 
to low densities of overfished yelloweye rockfish; and, (3) to test a 
new EM and vessel monitoring system intended to provide a cost-
effective alternative to observer coverage on small vessels. These EFP 
activities will take place in the non-trawl RCA off the California 
coast--specifically in areas with canyon edges and walls that have 
historically produced high volumes of chilipepper rockfish catch and at 
depths ranging from 40 to 150 fathoms (73 to 274 m).
    During the two-year period of EFP activities from 2019 to 2020, all 
applicants will adhere to EFP set-asides for targeted and incidental 
groundfish and other species, which were considered and approved by the 
Council at their June 2018 meeting. These EFP set-asides are off the 
top deductions from the 2019-2020 applicable annual catch limits 
(ACLs), meaning any landings and discards that occur under these EFPs 
would be accounted for within the applicable ACLs.
    NMFS does not expect any impacts to the environment, essential fish 
habitat, or protected or prohibited species from this EFP beyond those 
analyzed for the groundfish fishery as a whole in applicable biological 
opinions ^{1 2} or the draft Environmental Assessment for the 
Pacific Coast Groundfish Fishery 2019-2020 Harvest Specifications and 
Management Measures.\3\ During Council deliberations, Council members 
expressed concern regarding seabird and canary rockfish impacts from 
the Scott Cook EFP, and salmon bycatch impacts from all three EFPs. To 
address seabird concerns, the Council requested modifications to the 
Scott Cook EFP, which included requiring participating vessels to use 
artificial fishing lures (as opposed to live bait) and limiting hooks 
to a maximum of 40 hooks per line with a maximum of 125 hooks total. 
NMFS will require additional mitigation measures if necessary to ensure 
that all potential seabird impacts fall within the scope of the 2017 
United States Fish and Wildlife Biological Opinion \2\ for Pacific 
Coast Groundfish Fishery impacts on seabirds. To address canary 
rockfish concerns, the Council requested a reduction in the Scott Cook 
EFP set-aside from 10 mt to 5 mt in order to take a precautionary 
approach in providing opportunities to target canary rockfish. To 
address the possibility of salmon bycatch, the Council requested that 
NMFS consider precautionary limits for bycatch of endangered salmon 
that may occur during EFP fishing activities. NMFS requested that the 
applicants estimate their expected bycatch of Chinook and coho salmon, 
and will present this information at the September 2018 Council 
meeting. NMFS will request that the Council provide additional input on 
the proposed salmon bycatch limits or additional considerations for 
approving these EFPs based on the expected salmon encounter rates and 
any public comments received during the comment period for the EFPs. 
The salmon bycatch limits that the Council approves would be counted 
against the non-whiting salmon bycatch guidelines for Chinook (5,500) 
and coho (560) salmon bycatch in NMFS's 2017 Biological Opinion. The 
terms and conditions of the EFP would state that EFP fishing will cease 
if vessels reach the expected salmon bycatch levels specified in the 
EFP.
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    \1\ Available at: http://www.westcoast.fisheries.noaa.gov/publications/fishery_management/groundfish/s7-groundfish-biop-121117.pdf.
    \2\ Available at: http://www.pcouncil.org/wp-content/uploads/2017/10/F7_Att1_USFWS_2017_STALBiOp_NOV2017BB.pdf.
    \3\ Draft available at: https://www.pcouncil.org/wp-content/uploads/2018/06/E4_Supp_REVISEDAtt2_2019-20_GFSpexEA_E-Only_June2018BB.pdf.

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

    Dated: August 31, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-19305 Filed 9-5-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices 45225

the non-trawl RCA, which is closed to abundant with chilipepper rockfish and in providing opportunities to target
fishing with non-trawl fixed gear to that correspond to low densities of canary rockfish. To address the
protect overfished groundfish stocks. A overfished yelloweye rockfish; and, (3) possibility of salmon bycatch, the
summary of each EFP application is to test a new EM and vessel monitoring Council requested that NMFS consider
provided below: system intended to provide a cost- precautionary limits for bycatch of
• Yellowtail Rockfish Jig Fishing for effective alternative to observer coverage endangered salmon that may occur
the 2019–2020 Fishing Seasons: The San on small vessels. These EFP activities during EFP fishing activities. NMFS
Francisco Community Fishing will take place in the non-trawl RCA off requested that the applicants estimate
Association (SFCFA) and Daniel Platt the California coast—specifically in their expected bycatch of Chinook and
submitted a renewal request for EFP areas with canyon edges and walls that coho salmon, and will present this
activities that have been conducted have historically produced high information at the September 2018
since 2013. This EFP would authorize volumes of chilipepper rockfish catch Council meeting. NMFS will request
seven vessels to test the potential for a and at depths ranging from 40 to 150 that the Council provide additional
new commercial jig gear configured to fathoms (73 to 274 m). input on the proposed salmon bycatch
target underutilized, midwater During the two-year period of EFP limits or additional considerations for
yellowtail and shelf rockfish species activities from 2019 to 2020, all approving these EFPs based on the
while avoiding overfished, bottom- applicants will adhere to EFP set-asides expected salmon encounter rates and
dwelling yelloweye and canary rockfish. for targeted and incidental groundfish any public comments received during
These EFP activities would take place and other species, which were the comment period for the EFPs. The
within the non-trawl RCA off the considered and approved by the Council salmon bycatch limits that the Council
California coast—specifically between at their June 2018 meeting. These EFP approves would be counted against the
Point Conception and the Oregon/ set-asides are off the top deductions non-whiting salmon bycatch guidelines
California border at depths ranging from from the 2019–2020 applicable annual for Chinook (5,500) and coho (560)
35 to 150 fathoms (64 to 274 meters catch limits (ACLs), meaning any salmon bycatch in NMFS’s 2017
(m)). landings and discards that occur under Biological Opinion. The terms and
• Commercial Midwater Hook-and- these EFPs would be accounted for conditions of the EFP would state that
Line Rockfish Fishing in the RCA off the within the applicable ACLs. EFP fishing will cease if vessels reach
Oregon Coast: Scott Cook of Coos Bay, NMFS does not expect any impacts to the expected salmon bycatch levels
Oregon submitted an EFP to authorize the environment, essential fish habitat, specified in the EFP.
3–5 vessels to test a modified, midwater or protected or prohibited species from
trolled longline gear configured to target this EFP beyond those analyzed for the Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
underutilized, midwater yellowtail, 773 et seq., and 16 U.S.C. 7001 et seq.
groundfish fishery as a whole in
widow, and canary rockfish while applicable biological opinions 1 2 or the Dated: August 31, 2018.
avoiding overfished, bottom-dwelling draft Environmental Assessment for the Margo Schulze-Haugen,
yelloweye rockfish. Alongside 100 Pacific Coast Groundfish Fishery 2019– Acting Director, Office of Sustainable
percent observer coverage, this EFP 2020 Harvest Specifications and Fisheries, National Marine Fisheries Service.
would also test a new electronic Management Measures.3 During Council [FR Doc. 2018–19305 Filed 9–5–18; 8:45 am]
monitoring (EM) device tailored to small deliberations, Council members BILLING CODE 3510–22–P
vessels that are difficult to observe with expressed concern regarding seabird
human observers. These EFP activities and canary rockfish impacts from the
will take place within the non-trawl Scott Cook EFP, and salmon bycatch CORPORATION FOR NATIONAL AND
RCA (referred to as Fixed Gear RCA in impacts from all three EFPs. To address COMMUNITY SERVICE
the EFP application) off the Oregon seabird concerns, the Council requested
Coast—specifically in the rocky reef modifications to the Scott Cook EFP, Agency Information Collection
habitat at depths ranging from 30 to 100 which included requiring participating Activities; Submission to the Office of
fathoms (55 to 183 m). The Council vessels to use artificial fishing lures (as Management and Budget for Review
approved this EFP application for final opposed to live bait) and limiting hooks and Approval; Comment Request; Day
recommendation to NMFS with the to a maximum of 40 hooks per line with of Service Project Collection Tool;
understanding that the applicant will: a maximum of 125 hooks total. NMFS Proposed Information Collection;
(1) Harvest no more than 5 metric tons will require additional mitigation Comment Request
(mt) of canary rockfish as opposed to the measures if necessary to ensure that all
requested 10 mt; (2) use artificial fishing AGENCY: Corporation for National and
potential seabird impacts fall within the
lures; and, (3) limit the number of hooks Community Service.
scope of the 2017 United States Fish
per individual line to 40 or less with a and Wildlife Biological Opinion 2 for ACTION: Notice.
maximum of 125 hooks total. The Pacific Coast Groundfish Fishery
Council recommended the use of SUMMARY: The Corporation for National
impacts on seabirds. To address canary and Community Service (CNCS) has
artificial fishing lures and a maximum rockfish concerns, the Council
hook limitation in order to minimize submitted a public information
requested a reduction in the Scott Cook collection request (ICR) entitled Day of
potential seabird interactions. EFP set-aside from 10 mt to 5 mt in
• Monterey Bay Regional Exempted Service Project Collection Tool for
order to take a precautionary approach review and approval in accordance with
Fishing Permit—Chilipepper Rockfish:
Real Good Fish of Moss Landing, the Paperwork Reduction Act.
daltland on DSKBBV9HB2PROD with NOTICES

1 Available at: http://www.westcoast.fisheries.
California submitted an EFP to noaa.gov/publications/fishery_management/ DATES: Comments may be submitted,
authorize 5–10 vessels to: (1) Test a groundfish/s7-groundfish-biop-121117.pdf. identified by the title of the information
trolled hook-and-line gear configured to 2 Available at: http://www.pcouncil.org/wp- collection activity, by October 9, 2018.
target underutilized, midwater content/uploads/2017/10/F7_Att1_USFWS_2017_ ADDRESSES: Comments may be
STALBiOp_NOV2017BB.pdf.
chilipepper rockfish and avoid 3 Draft available at: https://www.pcouncil.org/wp- submitted, identified by the title of the
overfished, bottom-dwelling yelloweye content/uploads/2018/06/E4_Supp_REVISEDAtt2_ information collection activity, to the
rockfish; (2) determine areas that are 2019–20_GFSpexEA_E-Only_June2018BB.pdf. Office of Information and Regulatory

VerDate Sep<11>2014 16:56 Sep 05, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1

Document Created: 2018-09-05 23:56:20
Document Modified: 2018-09-05 23:56:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Comments must be received by October 9, 2018.
Contact		Lynn Massey, West Coast Region, NMFS, (562) 436-2462, [email protected]
FR Citation		83 FR 45224
RIN Number		0648-XG45

83 FR 45224 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Applications for Exempted Fishing Permits (EFP)

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 173 (September 6, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration