83_FR_60635 83 FR 60408 - Fisheries of the Exclusive Economic Zone Off Alaska; Application for an Exempted Fishing Permit

83 FR 60408 - 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 83, Issue 227 (November 26, 2018)

Page Range60408-60410
FR Document2018-25416

This notice announces receipt of an exempted fishing permit (EFP) application from Mr. Cory Lescher and Dr. Bradley Harris, Alaska Pacific University. If granted, this EFP would allow up to five Amendment 80 vessels in the Bering Sea and Aleutian Islands (BSAI) management area yellowfin and rock sole fisheries to retain red king crab (RKC; Paralithodes camtschaticus) bycatch on board for periods of no more than 72 hours during the 2019 BSAI flatfish fisheries' ``A'' season. Two concurrent studies would be conducted under this EFP. A whole-haul RKC census study would provide a comparison of whole-haul census of RKC to haul-level estimates of RKC generated from NMFS- certified observer (observer) sampling to determine the ability of current prohibited species catch (PSC) rate estimations to accurately account for RKC PSC in these fisheries. Then, an at-sea viability study would examine factors that influence RKC PSC mortality and survival. The objective of the EFP application is to provide improved understanding of RKC PSC mortality, such as shell crushing, and variables that affect it. This proposed project has the potential to promote the objectives of the Magnuson-Stevens Fishery Conservation and Management Act.

Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60408-60410]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25416]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG557


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

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

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

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SUMMARY: This notice announces receipt of an exempted fishing permit 
(EFP) application from Mr. Cory Lescher and Dr. Bradley Harris, Alaska 
Pacific University. If granted, this EFP would allow up to five 
Amendment 80 vessels in the Bering Sea and Aleutian Islands (BSAI) 
management area yellowfin and rock sole fisheries to retain red king 
crab (RKC; Paralithodes camtschaticus) bycatch on board for periods of 
no more than 72 hours during the 2019 BSAI flatfish fisheries' ``A'' 
season. Two concurrent studies would be conducted under this EFP. A 
whole-haul RKC census study would provide a comparison of whole-haul 
census of RKC to haul-level estimates of RKC generated from NMFS-
certified observer (observer) sampling to determine the ability of 
current prohibited species catch (PSC) rate estimations to accurately 
account for RKC PSC in these fisheries. Then, an at-sea viability study 
would examine factors that influence RKC PSC mortality and survival. 
The objective of the EFP application is to provide improved 
understanding of RKC PSC mortality, such as shell crushing, and 
variables that affect it. This proposed project has the potential to 
promote the objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act.

DATES: Comments on this EFP application must be submitted to NMFS on or 
before December 11, 2018. The North Pacific Fishery Management Council 
(Council) will consider the application at its meeting from December 3, 
2018, through December 11, 2018, in Anchorage, AK.

ADDRESSES: The Council meeting will be held at the Anchorage Hilton 
Hotel, 500 W 3rd Ave., Anchorage, AK 99501. The agenda for the Council 
meeting is available at http://www.npfmc.org. In addition to submitting 
comments at the Council meeting, you may submit comments on this 
document, identified by NOAA-NMFS-2018-0120, by any of the following 
methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0120, 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 and the basis for a 
categorical exclusion under the National

[[Page 60409]]

Environmental Policy Act are available from the Alaska Region, NMFS 
website at http://alaskafisheries.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Bridget Mansfield, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the BSAI under the Fishery Management Plan for Groundfish 
of the BSAI 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 EFP 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.

Background

    PSC in the North Pacific groundfish trawl gear fisheries is managed 
under limits that can trigger closures of management areas or target 
fisheries. Catch, including non-target species and PSC, is estimated in 
part by extrapolating fishery observer samples from individual hauls up 
to the trip level. Non-pollock fisheries--that is, vessels not engaged 
in directed pollock fishing--managed under fishing cooperatives use 
estimates derived from observer sampling to account for PSC, by number 
rather than weight for crab species or by weight only for other PSC, 
such as halibut or salmon. Amendment 80, implemented in 2008, allocates 
BSAI yellowfin sole, flathead sole, rock sole, Atka mackerel, and 
Aleutian Islands Pacific ocean perch to the head and gut trawl catcher 
processor sector, and allows qualified vessels to form cooperatives. 
Amendment 80 cooperatives track individual vessel catch against 
cooperative-determined, vessel-specific limits. Cooperatives are 
ultimately responsible for ensuring that the bycatch allowances they 
administer, but set by NMFS, are not exceeded. Individual 
accountability is enforced by cooperatives at the vessel and company 
level through legal contracts and bycatch agreements among members. In 
this context, understanding the degree to which current observer 
sampling practices provide accurate data for accounting of actual 
bycatch quantities for a fishing haul or trip can help improve 
cooperative management and support conservation and fishery management 
objectives overall.
    Fishing under this EFP would provide data to investigate the 
accuracy of current PSC estimation methods for individual hauls, 
including the degree to which high catch-per-unit-effort groundfish 
fishing impacts RKC PSC rates. Data from this EFP would also help 
industry collaborators understand and improve vessel-specific bycatch 
performance tracking.

Exempted Fishing Permit

    On September 20, 2018, Mr. Cory Lescher submitted an application 
for an EFP to conduct two concurrent studies on incidentally caught RKC 
on select Amendment 80 trawl vessels targeting yellowfin and rock sole 
in the BSAI in 2019. The first study (whole-haul census study) would be 
conducted on up to five vessels and would consist of a series of whole-
haul censuses of RKC (census of all RKC in an entire haul) in 
conjunction with observer sub-sampling of the same haul. Biological 
samples would also be collected from the RKC, with a handling time of 
one to two minutes per RKC, before the RKC is released back to the sea. 
The objectives of this study under the proposed EFP are to:
     Assess the accuracy of current sampling methods,
     collect basic biological data from RKC PSC to resolve data 
gaps in key characteristics associated with RKC encountered in the 
yellowfin and rock sole fisheries in the first part of the year, and
     examine how RKC PSC rates are influenced by haul 
characteristics and environmental variables.
    The second study (viability study) conducted under this proposed 
EFP would require two vessels to hold up to a total of 384 RKC for up 
to 72 hours each in on-deck, saltwater flow-through tanks to monitor 
survival of deck-sorted RKC compared to factory-sorted RKC. This study 
has three objectives under the proposed EFP: First, to examine factors 
affecting RKC PSC mortality and survival; second, the ability to 
predict discard mortality using vitality assessments, and third, to 
assess the feasibility of collecting data on such vitality metrics.

Whole-Haul Census Study

    The applicant proposes to conduct the whole-haul census study on up 
to five vessels in the Amendment 80 yellowfin and rock sole trawl 
fishery in the Bering Sea from January 20 through April 15, 2019. The 
participating vessels would be selected on a voluntary basis and would 
carry an observer as required by regulation. All stages of the whole-
haul sampling process would be conducted by a trained ``sea sampler'' 
on each participating EFP vessel, who would be required to be a NMFS-
certified observer, but who would not act as a NMFS observer during an 
EFP trip. The sea sampler data collection duties would be separate from 
those duties of the vessel's NMFS observer and their work would not 
interfere with or constrain the work of the NMFS observer.
    The applicant's proposed sampling for the whole-haul census would 
consist of the following protocols. Sea samplers would conduct a whole-
haul count for RKC for every haul during a trip. To achieve this, for 
each haul the sea sampler would instruct designated crew to remove all 
RKC from the sorting belt downstream of the observer sampling station. 
The designated crew would place such RKC in a designated tote labeled 
with the vessel haul number, keeping all haul-specific RKC together. 
The EFP sampling would occur after observer sampling and would not 
interfere with the observer's sampling duties or vessel operations. The 
sea sampler would sort the RKC from the tote, returning all non-RKC to 
the discard belt for immediate discard, and would collect and record 
RKC-specific biological data from each RKC and return it immediately to 
the discard belt for immediate discard to the sea. Biological data 
collected would include sex, carapace length, shell condition, 
externally visible physical injuries, vitality metrics, and for 
females, clutch fullness and egg condition. Vitality metrics include 
presence and absence of pre-determined injuries, and reflex and 
behavior responses, including leg flare, leg retraction, chela closure, 
eye retraction, and mouth closure. The sampling process would be 
expected to require less than 2 minutes and would have no impact on the 
probability of survival of the sampled RKC. The sampling protocol 
outlined above follow established Donaldson and Byersdorfer methods as 
described in the EFP application (see ADDRESSES).

Viability Study

    The applicant proposes to conduct the RKC viability study on two 
vessels in the Amendment 80 yellowfin and rock sole trawl fisheries in 
the Bering Sea from January 20 through April 15, 2019. As with the 
whole-haul study proposed under this EFP application, the participating 
vessels in the RKC viability study would be selected on a voluntary 
basis and would carry a NMFS-certified fishery observer as required by 
regulation.
    The applicant's proposed sampling for the RKC viability study would

[[Page 60410]]

consist of the following general protocols. For further details, please 
consult the EFP application available at (see ADDRESSES). The viability 
study would commence at the beginning of a fishing trip. During a 
predetermined haul, up to 32 incidentally caught RKC would be selected 
from the catch on deck or in the factory. The on-deck RKC collection 
would coincide with halibut deck sorting authorized under the halibut 
deck sorting EFP #2018-01 to allow the assessment of RKC collected from 
both on-deck and the factory point of discard without impeding fishing 
operations. On-deck collection would be conducted independent of, and 
would not impact, halibut deck sorting activities or observer data 
collections under the halibut deck sorting EFP. RKC collected on deck 
would be removed from the catch prior to observer sampling. The RKC EFP 
sea sampler would collect RKC counts and weights from pre-sorted RKC 
from selected hauls and provide that data to the vessel's NMFS 
observer. RKC collected in the factory for this viability study would 
be removed from the conveyor belt downstream of the observer sampling 
station following the protocols described for the whole-haul study.
    A vitality test, as described above under the heading Whole-Haul 
Census Study, would be used to select only live RKC, including RKCs 
with a range of initial impairments and levels of vitality for the 
holding trials. Each RKC would be labeled with a uniquely numbered tag. 
Carapace length, sex shell condition, and vitality would be collected 
and recorded for each RKC at the time of collection. Each assessment 
would last approximately 1 to 2 minutes per RKC, after which they would 
immediately be placed in one of several flow-through seawater tanks on 
deck. Each tank would be divided into four separate sections that would 
hold two RKC each. The sea sampler would record water temperature and 
dissolved oxygen from each of the seawater tanks daily and continue 
monitoring individual RKC vitality every 2, 4, 6, 12, 24, 48, and 72 
hours. RKC would be monitored following methods described in the EFP 
application (see ADDRESSES). Details of any mortality would be 
recorded, and dead RKC would be removed and discarded. Live RKC would 
be released 72 hours after collection. Once all RKC are released, the 
tank would be flushed with seawater and refilled with eight new RKC 
from a subsequent tow. The 72-hour period for holding RKC would provide 
a short window to observe for discard mortality, yet allow for adequate 
sample size. Metrics that may be used to predict RKC mortality would be 
collected for future analysis. Such metrics include, but are not 
limited to, fishing effort information (e.g., length of tow, tow depth, 
bottom temperature, and total catch size), and RKC time out of water.

Exemptions

    RKC is a prohibited species in the groundfish fishery, requiring 
immediate return to the sea with a minimum of injury. This proposed 
action would exempt the participating vessel, for RKC only, from the 
requirement, at Sec.  679.21(b)(2)(ii), to return all prohibited 
species, or parts thereof, to the sea immediately, with a minimum of 
injury, regardless of its condition. Because some RKC would be pre-
sorted before observer sampling under this proposed action, permit 
holders, vessel owners, and operators fishing under this permit would 
be exempt from Sec.  679.7(g)(2) that otherwise prohibits biasing the 
observer's sampling procedure by pre-sorting RKC catch. The 
participating vessels would be allowed to account for the number of RKC 
caught through sampling methods described above. All other Sec.  
679.7(g)(2) provisions would continue to apply to all other fishing 
during an EFP trip.
    Sorting of PSC species other than RKC before observers sample the 
catch onboard the vessels would continue to be prohibited.
    Further, owners and operators of Amendment 80 vessels participating 
in this EFP are exempt from the requirement at Sec.  679.93(c)(1), 
which requires that (1) all catch by vessels participating in the 
Amendment 80 program are weighed on a NMFS-approved scale, (2) each 
haul must be weighed separately, (3) all catch must be made available 
for sampling by a NMFS-certified observer, and (4) no sorting of catch 
may take place prior to weighing. Owners and operators of all other 
vessels participating in this EFP are exempt from regulations at Sec.  
679.28(b) that require that all catch of RKC must be weighed on a NMFS-
approved scale and made available at a single location. This exemption 
is necessary to allow sea samplers to account for RKC sorted on deck 
and transferred to tanks on deck for the viability study prior to 
observer sampling.

Permit Conditions, Review, and Effects

    Under the EFP, participating vessels would be limited to the 
Amendment 80 groundfish allocations under the 2019 harvest 
specifications (available from the Alaska Region, NMFS website at 
http://alaskafisheries.noaa.gov/). No additional target or PSC amounts 
beyond those authorized through regulation would be needed for this 
EFP; all groundfish catch will accrue against the Amendment 80 sector's 
yellowfin and rock sole catch and PSC allowances. EFP-authorized 
fishing activities would not be expected to change the nature or 
duration of the flatfish trawl fishery or the amount or species of fish 
caught by the participating vessels.
    In 2019, Mr. Lescher would be required to submit to NMFS a report 
of the EFP results after EFP experimental fishing has ended in 2019. 
For each study, the report would include: Sampling design and methods, 
number of RKC sampled, fishing and environmental variables collected, 
RKC handling and mortalities, analytical results, and the total catch 
of each groundfish species and RKC in metric tons. The report would be 
made available to the public.
    The fieldwork that would be conducted under this EFP is not 
expected to have a significant impact on the human environment as 
detailed in the categorical exclusion prepared for this action (see 
ADDRESSES).
    In accordance with Sec.  679.6, NMFS has determined that the 
application warrants further consideration and has forwarded the 
application to the Council to initiate consultation. The Council is 
scheduled to consider the EFP application during its December 2018 
meeting, which will be held at the Hilton Hotel, Anchorage, AK. The EFP 
application will also be provided to the Council's Scientific and 
Statistical Committee for review at the December Council meeting. The 
applicant has been invited to appear in support of the application.

Public Comments

    Interested persons may comment on the application at the December 
2018 Council meeting during public testimony or until December 11, 
2018. Information regarding the meeting is available at the Council's 
website at http://www.npfmc.org. Copies of the 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: November 16, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-25416 Filed 11-23-18; 8:45 am]
 BILLING CODE 3510-22-P



     60408                      Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     December 31, 2018 for shrimp and                          The final rule to lift the stay on                  under this EFP. A whole-haul RKC
     abalone.                                                shrimp and abalone contains a                         census study would provide a
        NMFS had stayed requirements for                     collection-of-information requirement                 comparison of whole-haul census of
     abalone and shrimp because gaps                         subject to review and approval by OMB                 RKC to haul-level estimates of RKC
     existed in the collection of traceability               under the Paperwork Reduction Act                     generated from NMFS-certified observer
     information for domestic aquaculture-                   (PRA). OMB had previously approved                    (observer) sampling to determine the
     raised shrimp and abalone, which is                     the information collection requirements               ability of current prohibited species
     currently largely regulated at the state                for the Seafood Traceability Program                  catch (PSC) rate estimations to
     level. During development of the                        under Control Number 0648–0739, but                   accurately account for RKC PSC in these
     Seafood Traceability Program, NMFS                      the burden estimates did not include the              fisheries. Then, an at-sea viability study
     explored the possibility of working with                requirements for shrimp and abalone                   would examine factors that influence
     its state partners to establish reporting               given the stay. The requirements for                  RKC PSC mortality and survival. The
     and recordkeeping requirements for                      permitting, reporting and recordkeeping               objective of the EFP application is to
     aquaculture traceability information that               for imports of shrimp and abalone will                provide improved understanding of
     could be shared with NMFS. However,                     be submitted to OMB for approval.                     RKC PSC mortality, such as shell
     this did not prove to be a viable                         Affected Public: Business or other for-             crushing, and variables that affect it.
     approach. See 81 FR at 88977–78. In the                 profit organizations.                                 This proposed project has the potential
     Seafood Import Monitoring Program                         Frequency: One time and on occasion.                to promote the objectives of the
     final rule, NMFS explained that ‘‘[A]t                    Respondent’s Obligation: Mandatory.                 Magnuson-Stevens Fishery
     such time that the domestic reporting                     This information collection request                 Conservation and Management Act.
     and recordkeeping gaps have been                        may be viewed at reginfo.gov. Follow                  DATES: Comments on this EFP
     closed, NMFS will then publish an                       the instructions to view Department of                application must be submitted to NMFS
     action in the Federal Register to lift the              Commerce collections currently under                  on or before December 11, 2018. The
     stay of the effective date for                          review by OMB.                                        North Pacific Fishery Management
     § 300.324(a)(3) of the rule pertaining to                 Written comments and                                Council (Council) will consider the
     shrimp and abalone. Adequate advance                    recommendations for the proposed                      application at its meeting from
     notice to the trade community would be                  information collection should be sent                 December 3, 2018, through December
     provided’’ to ensure all affected parties               within 30 days of publication of this                 11, 2018, in Anchorage, AK.
     have sufficient time to come into                       notice to OIRA_Submission@                            ADDRESSES: The Council meeting will be
     compliance.                                             omb.eop.gov or fax to (202) 395–5806.                 held at the Anchorage Hilton Hotel, 500
        On March 23, 2018, the Consolidated                    Dated: November 19, 2018.                           W 3rd Ave., Anchorage, AK 99501. The
     Appropriations Act of 2018 (Pub. L.                     Sarah Brabson,                                        agenda for the Council meeting is
     115–141) was signed by the President                    NOAA PRA Clearance Officer.                           available at http://www.npfmc.org. In
     and became law. Section 539 of Division                                                                       addition to submitting comments at the
                                                             [FR Doc. 2018–25613 Filed 11–23–18; 8:45 am]
     B of the Act directed the Secretary of                                                                        Council meeting, you may submit
                                                             BILLING CODE 3510–22–P
     Commerce to, within 30 days, ‘‘lift the                                                                       comments on this document, identified
     stay on the effective date of the final                                                                       by NOAA–NMFS–2018–0120, by any of
     rule for the Seafood Traceability                       DEPARTMENT OF COMMERCE                                the following methods:
     Program published by the Secretary on                                                                            • Federal e-Rulemaking Portal. Go to
     December 9, 2016, (81 FR 88975 et seq.)                 National Oceanic and Atmospheric                      www.regulations.gov/
     for the species described in                            Administration                                        #!docketDetail;D=NOAA-NMFS-2018-
     § 300.324(a)(3) of title 50, Code of                                                                          0120, click the ‘‘Comment Now!’’ icon,
     Federal Regulations: provided that the                  RIN 0648–XG557
                                                                                                                   complete the required fields, and enter
     compliance date for the species                                                                               or attach your comments.
                                                             Fisheries of the Exclusive Economic
     described in § 300.324(a)(3) of title 50,
                                                             Zone Off Alaska; Application for an                      • Mail: Submit written comments to
     Code of Federal Regulations, shall occur                                                                      Glenn Merrill, Assistant Regional
                                                             Exempted Fishing Permit
     not later than December 31, 2018.’’ A                                                                         Administrator, Sustainable Fisheries
     final rule was issued to implement the                  AGENCY:  National Marine Fisheries                    Division, Alaska Region NMFS, Attn:
     Act (83 FR 17762, April 24, 2018) and                   Service (NMFS), National Oceanic and                  Ellen Sebastian. Mail comments to P.O.
     provides that shrimp and abalone will                   Atmospheric Administration (NOAA),                    Box 21668, Juneau, AK 99802–1668.
     be subject to the requirements of the                   Commerce.                                                Instructions: Comments sent by any
     Seafood Traceability Program under 50                   ACTION: Notice; receipt of application for            other method, to any other address or
     CFR 300.324(a)(3), with a compliance                    exempted fishing permit.                              individual, or received after the end of
     date December 31, 2018.                                                                                       the comment period, may not be
        The Program consists of two                          SUMMARY:    This notice announces receipt             considered. All comments received are
     components: (1) Reporting of harvest                    of an exempted fishing permit (EFP)                   a part of the public record and will
     events at the time of entry; and (2)                    application from Mr. Cory Lescher and                 generally be posted for public viewing
     permitting and recordkeeping                            Dr. Bradley Harris, Alaska Pacific                    on www.regulations.gov without change.
     requirements with respect to both                       University. If granted, this EFP would                All personal identifying information
     harvest events and chain of custody                     allow up to five Amendment 80 vessels                 (e.g., name, address) submitted
     information. See 50 CFR 300.324 and id.                 in the Bering Sea and Aleutian Islands                voluntarily by the sender will be
     §§ 300.320–300.323 and 300.325.                         (BSAI) management area yellowfin and                  publicly accessible. NMFS will accept
     Application of the program’s reporting                  rock sole fisheries to retain red king crab           anonymous comments (enter ‘‘N/A’’ in
     and recordkeeping requirements to                       (RKC; Paralithodes camtschaticus)                     the required fields if you wish to remain
     shrimp and abalone will enable audits                   bycatch on board for periods of no more               anonymous).
     of imports to be conducted to determine                 than 72 hours during the 2019 BSAI                       Electronic copies of the EFP
     the origin of the products and confirm                  flatfish fisheries’ ‘‘A’’ season. Two                 application and the basis for a
     that they were lawfully acquired.                       concurrent studies would be conducted                 categorical exclusion under the National


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                                Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices                                           60409

     Environmental Policy Act are available                    Fishing under this EFP would provide                by a trained ‘‘sea sampler’’ on each
     from the Alaska Region, NMFS website                    data to investigate the accuracy of                   participating EFP vessel, who would be
     at http://alaskafisheries.noaa.gov/.                    current PSC estimation methods for                    required to be a NMFS-certified
                                                             individual hauls, including the degree                observer, but who would not act as a
     FOR FURTHER INFORMATION CONTACT:
                                                             to which high catch-per-unit-effort                   NMFS observer during an EFP trip. The
     Bridget Mansfield, 907–586–7228.                        groundfish fishing impacts RKC PSC                    sea sampler data collection duties
     SUPPLEMENTARY INFORMATION:    NMFS                      rates. Data from this EFP would also                  would be separate from those duties of
     manages the domestic groundfish                         help industry collaborators understand                the vessel’s NMFS observer and their
     fisheries in the BSAI under the Fishery                 and improve vessel-specific bycatch                   work would not interfere with or
     Management Plan for Groundfish of the                   performance tracking.                                 constrain the work of the NMFS
     BSAI Management Area (FMP), which                                                                             observer.
                                                             Exempted Fishing Permit                                 The applicant’s proposed sampling
     the Council prepared under the
     Magnuson-Stevens Fishery                                   On September 20, 2018, Mr. Cory                    for the whole-haul census would consist
     Conservation and Management Act.                        Lescher submitted an application for an               of the following protocols. Sea samplers
     Regulations governing the BSAI                          EFP to conduct two concurrent studies                 would conduct a whole-haul count for
     groundfish fisheries appear at 50 CFR                   on incidentally caught RKC on select                  RKC for every haul during a trip. To
     parts 600 and 679. The FMP and the                      Amendment 80 trawl vessels targeting                  achieve this, for each haul the sea
     EFP implementing regulations at                         yellowfin and rock sole in the BSAI in                sampler would instruct designated crew
     § 600.745(b) and § 679.6 allow the                      2019. The first study (whole-haul                     to remove all RKC from the sorting belt
     NMFS Regional Administrator to                          census study) would be conducted on                   downstream of the observer sampling
     authorize, for limited experimental                     up to five vessels and would consist of               station. The designated crew would
     purposes, fishing that would otherwise                  a series of whole-haul censuses of RKC                place such RKC in a designated tote
     be prohibited. Procedures for issuing                   (census of all RKC in an entire haul) in              labeled with the vessel haul number,
     EFPs are contained in the implementing                  conjunction with observer sub-sampling                keeping all haul-specific RKC together.
     regulations.                                            of the same haul. Biological samples                  The EFP sampling would occur after
                                                             would also be collected from the RKC,                 observer sampling and would not
     Background                                              with a handling time of one to two                    interfere with the observer’s sampling
                                                             minutes per RKC, before the RKC is                    duties or vessel operations. The sea
        PSC in the North Pacific groundfish                                                                        sampler would sort the RKC from the
                                                             released back to the sea. The objectives
     trawl gear fisheries is managed under                                                                         tote, returning all non-RKC to the
                                                             of this study under the proposed EFP
     limits that can trigger closures of                                                                           discard belt for immediate discard, and
                                                             are to:
     management areas or target fisheries.                      • Assess the accuracy of current                   would collect and record RKC-specific
     Catch, including non-target species and                 sampling methods,                                     biological data from each RKC and
     PSC, is estimated in part by                               • collect basic biological data from               return it immediately to the discard belt
     extrapolating fishery observer samples                  RKC PSC to resolve data gaps in key                   for immediate discard to the sea.
     from individual hauls up to the trip                    characteristics associated with RKC                   Biological data collected would include
     level. Non-pollock fisheries—that is,                   encountered in the yellowfin and rock                 sex, carapace length, shell condition,
     vessels not engaged in directed pollock                 sole fisheries in the first part of the year,         externally visible physical injuries,
     fishing—managed under fishing                           and                                                   vitality metrics, and for females, clutch
     cooperatives use estimates derived from                    • examine how RKC PSC rates are                    fullness and egg condition. Vitality
     observer sampling to account for PSC,                   influenced by haul characteristics and                metrics include presence and absence of
     by number rather than weight for crab                   environmental variables.                              pre-determined injuries, and reflex and
     species or by weight only for other PSC,                   The second study (viability study)                 behavior responses, including leg flare,
     such as halibut or salmon. Amendment                    conducted under this proposed EFP                     leg retraction, chela closure, eye
     80, implemented in 2008, allocates                      would require two vessels to hold up to               retraction, and mouth closure. The
     BSAI yellowfin sole, flathead sole, rock                a total of 384 RKC for up to 72 hours                 sampling process would be expected to
     sole, Atka mackerel, and Aleutian                       each in on-deck, saltwater flow-through               require less than 2 minutes and would
     Islands Pacific ocean perch to the head                 tanks to monitor survival of deck-sorted              have no impact on the probability of
     and gut trawl catcher processor sector,                 RKC compared to factory-sorted RKC.                   survival of the sampled RKC. The
     and allows qualified vessels to form                    This study has three objectives under                 sampling protocol outlined above follow
     cooperatives. Amendment 80                              the proposed EFP: First, to examine                   established Donaldson and Byersdorfer
     cooperatives track individual vessel                    factors affecting RKC PSC mortality and               methods as described in the EFP
     catch against cooperative-determined,                   survival; second, the ability to predict              application (see ADDRESSES).
     vessel-specific limits. Cooperatives are                discard mortality using vitality
     ultimately responsible for ensuring that                assessments, and third, to assess the                 Viability Study
     the bycatch allowances they administer,                 feasibility of collecting data on such                   The applicant proposes to conduct the
     but set by NMFS, are not exceeded.                      vitality metrics.                                     RKC viability study on two vessels in
     Individual accountability is enforced by                                                                      the Amendment 80 yellowfin and rock
     cooperatives at the vessel and company                  Whole-Haul Census Study                               sole trawl fisheries in the Bering Sea
     level through legal contracts and                         The applicant proposes to conduct the               from January 20 through April 15, 2019.
     bycatch agreements among members. In                    whole-haul census study on up to five                 As with the whole-haul study proposed
     this context, understanding the degree                  vessels in the Amendment 80 yellowfin                 under this EFP application, the
     to which current observer sampling                      and rock sole trawl fishery in the Bering             participating vessels in the RKC
     practices provide accurate data for                     Sea from January 20 through April 15,                 viability study would be selected on a
     accounting of actual bycatch quantities                 2019. The participating vessels would                 voluntary basis and would carry a
     for a fishing haul or trip can help                     be selected on a voluntary basis and                  NMFS-certified fishery observer as
     improve cooperative management and                      would carry an observer as required by                required by regulation.
     support conservation and fishery                        regulation. All stages of the whole-haul                 The applicant’s proposed sampling
     management objectives overall.                          sampling process would be conducted                   for the RKC viability study would


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     60410                      Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     consist of the following general                        size. Metrics that may be used to predict             beyond those authorized through
     protocols. For further details, please                  RKC mortality would be collected for                  regulation would be needed for this
     consult the EFP application available at                future analysis. Such metrics include,                EFP; all groundfish catch will accrue
     (see ADDRESSES). The viability study                    but are not limited to, fishing effort                against the Amendment 80 sector’s
     would commence at the beginning of a                    information (e.g., length of tow, tow                 yellowfin and rock sole catch and PSC
     fishing trip. During a predetermined                    depth, bottom temperature, and total                  allowances. EFP-authorized fishing
     haul, up to 32 incidentally caught RKC                  catch size), and RKC time out of water.               activities would not be expected to
     would be selected from the catch on                     Exemptions                                            change the nature or duration of the
     deck or in the factory. The on-deck RKC                                                                       flatfish trawl fishery or the amount or
     collection would coincide with halibut                    RKC is a prohibited species in the                  species of fish caught by the
     deck sorting authorized under the                       groundfish fishery, requiring immediate               participating vessels.
     halibut deck sorting EFP #2018–01 to                    return to the sea with a minimum of                      In 2019, Mr. Lescher would be
     allow the assessment of RKC collected                   injury. This proposed action would                    required to submit to NMFS a report of
     from both on-deck and the factory point                 exempt the participating vessel, for RKC              the EFP results after EFP experimental
     of discard without impeding fishing                     only, from the requirement, at                        fishing has ended in 2019. For each
     operations. On-deck collection would be                 § 679.21(b)(2)(ii), to return all prohibited          study, the report would include:
     conducted independent of, and would                     species, or parts thereof, to the sea                 Sampling design and methods, number
     not impact, halibut deck sorting                        immediately, with a minimum of injury,                of RKC sampled, fishing and
     activities or observer data collections                 regardless of its condition. Because                  environmental variables collected, RKC
     under the halibut deck sorting EFP. RKC                 some RKC would be pre-sorted before                   handling and mortalities, analytical
     collected on deck would be removed                      observer sampling under this proposed                 results, and the total catch of each
     from the catch prior to observer                        action, permit holders, vessel owners,
                                                                                                                   groundfish species and RKC in metric
     sampling. The RKC EFP sea sampler                       and operators fishing under this permit
                                                                                                                   tons. The report would be made
     would collect RKC counts and weights                    would be exempt from § 679.7(g)(2) that
                                                                                                                   available to the public.
     from pre-sorted RKC from selected hauls                 otherwise prohibits biasing the
                                                             observer’s sampling procedure by pre-                    The fieldwork that would be
     and provide that data to the vessel’s                                                                         conducted under this EFP is not
     NMFS observer. RKC collected in the                     sorting RKC catch. The participating
                                                             vessels would be allowed to account for               expected to have a significant impact on
     factory for this viability study would be                                                                     the human environment as detailed in
     removed from the conveyor belt                          the number of RKC caught through
                                                             sampling methods described above. All                 the categorical exclusion prepared for
     downstream of the observer sampling                                                                           this action (see ADDRESSES).
     station following the protocols                         other § 679.7(g)(2) provisions would
                                                             continue to apply to all other fishing                   In accordance with § 679.6, NMFS has
     described for the whole-haul study.                                                                           determined that the application
                                                             during an EFP trip.
        A vitality test, as described above                    Sorting of PSC species other than RKC               warrants further consideration and has
     under the heading Whole-Haul Census                     before observers sample the catch                     forwarded the application to the
     Study, would be used to select only live                onboard the vessels would continue to                 Council to initiate consultation. The
     RKC, including RKCs with a range of                     be prohibited.                                        Council is scheduled to consider the
     initial impairments and levels of vitality                Further, owners and operators of                    EFP application during its December
     for the holding trials. Each RKC would                  Amendment 80 vessels participating in                 2018 meeting, which will be held at the
     be labeled with a uniquely numbered                     this EFP are exempt from the                          Hilton Hotel, Anchorage, AK. The EFP
     tag. Carapace length, sex shell                         requirement at § 679.93(c)(1), which                  application will also be provided to the
     condition, and vitality would be                        requires that (1) all catch by vessels                Council’s Scientific and Statistical
     collected and recorded for each RKC at                  participating in the Amendment 80                     Committee for review at the December
     the time of collection. Each assessment                 program are weighed on a NMFS-                        Council meeting. The applicant has
     would last approximately 1 to 2 minutes                 approved scale, (2) each haul must be                 been invited to appear in support of the
     per RKC, after which they would                         weighed separately, (3) all catch must be             application.
     immediately be placed in one of several                 made available for sampling by a NMFS-                Public Comments
     flow-through seawater tanks on deck.                    certified observer, and (4) no sorting of
     Each tank would be divided into four                    catch may take place prior to weighing.                 Interested persons may comment on
     separate sections that would hold two                   Owners and operators of all other                     the application at the December 2018
     RKC each. The sea sampler would                         vessels participating in this EFP are                 Council meeting during public
     record water temperature and dissolved                  exempt from regulations at § 679.28(b)                testimony or until December 11, 2018.
     oxygen from each of the seawater tanks                  that require that all catch of RKC must               Information regarding the meeting is
     daily and continue monitoring                           be weighed on a NMFS-approved scale                   available at the Council’s website at
     individual RKC vitality every 2, 4, 6, 12,              and made available at a single location.              http://www.npfmc.org. Copies of the
     24, 48, and 72 hours. RKC would be                      This exemption is necessary to allow                  application and categorical exclusion
     monitored following methods described                   sea samplers to account for RKC sorted                are available for review from NMFS (see
     in the EFP application (see ADDRESSES).                 on deck and transferred to tanks on deck              ADDRESSES).
     Details of any mortality would be                       for the viability study prior to observer               Comments also may be submitted
     recorded, and dead RKC would be                         sampling.                                             directly to NMFS (see ADDRESSES) by the
     removed and discarded. Live RKC                                                                               end of the comment period (see DATES).
     would be released 72 hours after                        Permit Conditions, Review, and Effects
                                                                                                                     Authority: 16 U.S.C. 1801 et seq.
     collection. Once all RKC are released,                    Under the EFP, participating vessels
     the tank would be flushed with seawater                 would be limited to the Amendment 80                    Dated: November 16, 2018.
     and refilled with eight new RKC from a                  groundfish allocations under the 2019                 Karen H. Abrams,
     subsequent tow. The 72-hour period for                  harvest specifications (available from                Acting Director, Office of Sustainable
     holding RKC would provide a short                       the Alaska Region, NMFS website at                    Fisheries, National Marine Fisheries Service.
     window to observe for discard                           http://alaskafisheries.noaa.gov/). No                 [FR Doc. 2018–25416 Filed 11–23–18; 8:45 am]
     mortality, yet allow for adequate sample                additional target or PSC amounts                      BILLING CODE 3510–22–P




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Document Created: 2018-11-24 00:51:43
Document Modified: 2018-11-24 00:51:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; receipt of application for exempted fishing permit.
DatesComments on this EFP application must be submitted to NMFS on or before December 11, 2018. The North Pacific Fishery Management Council (Council) will consider the application at its meeting from December 3, 2018, through December 11, 2018, in Anchorage, AK.
ContactBridget Mansfield, 907-586-7228.
FR Citation83 FR 60408 
RIN Number0648-XG55

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