83_FR_61834 83 FR 61603 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit

83 FR 61603 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 231 (November 30, 2018)

Page Range61603-61605
FR Document2018-26049

NMFS announces the receipt of an exempted fishing permit application titled, ``Year-round Coastwide Midwater Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting Rockfish in the Shorebased IFQ Fishery.'' The application, submitted by the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Midwater Trawlers Cooperative, requests a permit to test whether removing certain gear, time, and area restrictions for vessels fishing under the Trawl Rationalization Program's Shorebased Individual Fishing Quota Program may impact the nature and extent of bycatch of prohibited species (e.g., Chinook salmon). This exempted fishing permit would allow participating groundfish bottom and midwater trawl vessels more flexibility than allowed in current regulations to target pelagic rockfish species, such as widow, chilipepper, and yellowtail rockfish. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

Federal Register, Volume 83 Issue 231 (Friday, November 30, 2018)
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61603-61605]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26049]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG513


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Pacific Coast Groundfish Fishery; Application for an 
Exempted Fishing Permit

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

ACTION: Notice; request for comments.

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

SUMMARY: NMFS announces the receipt of an exempted fishing permit 
application titled, ``Year-round Coastwide Midwater Rockfish EFP: 
Monitoring and Minimizing Salmon Bycatch When Targeting Rockfish in the 
Shorebased IFQ Fishery.'' The application, submitted by the West Coast 
Seafood Processors Association, Environmental Defense Fund, Oregon 
Trawl Commission, and Midwater Trawlers Cooperative, requests a permit 
to test whether removing certain gear, time, and area restrictions for 
vessels fishing under the Trawl Rationalization Program's Shorebased 
Individual Fishing Quota Program may impact the nature and extent of 
bycatch of prohibited species (e.g., Chinook salmon). This exempted 
fishing permit would allow participating groundfish bottom and midwater 
trawl vessels more flexibility than allowed in current regulations to 
target pelagic rockfish species, such as widow, chilipepper, and 
yellowtail rockfish. Regulations under the Magnuson-Stevens Fishery 
Conservation and Management Act require publication of this 
notification to provide interested parties the opportunity to comment 
on applications for proposed exempted fishing permits.

DATES: Comments must be received no later than 5 p.m., local time on 
December 17, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0112, 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-2018-0112, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments. The EFP application 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 sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and would generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender would be publicly accessible. NMFS would accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments would be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

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

SUPPLEMENTARY INFORMATION: This action is authorized by the Pacific 
Coast Groundfish Fishery Management Plan (FMP) and implementing 
regulations at 50 CFR 600.745, which allow NMFS Regional Administrators 
to authorize exempted fishing permits (EFPs) to test fishing activities 
that would otherwise be prohibited.
    In 2017, NMFS permitted 32 vessels to fish under the 2017 Trawl 
Gear EFP. The EFP exempted limited entry bottom and midwater trawl 
vessels from the minimum mesh size requirement, and exempted limited 
entry bottom trawl vessels from the requirement to use selective 
flatfish trawl gear shoreward of the Trawl Rockfish Conservation Area 
(RCA) north of 42[deg] North latitude (N lat). The purpose of this EFP 
was to collect information on potential impacts to prohibited and 
protected species from modifying or eliminating certain gear and area 
regulations by allowing participants to configure their gear to re-
establish a targeted rockfish fishery for widow, yellowtail, and 
chilipepper rockfish. From March 2017 to December 2017, a total of 11 
limited entry groundfish bottom trawl vessels went on 63 EFP trips and 
landed 1,355 metric tons (mt) of groundfish, totaling $1,613,178 in 
revenue. Prohibited species bycatch included five Chinook salmon and no 
sturgeon.
    To continue collecting information on the impacts of modifying or 
eliminating gear and area regulations, the Pacific Fishery Management 
Council (Council) recommended and NMFS issued, a 2018 Trawl Gear EFP 
that expanded on the 2017 Trawl Gear EFP. As with the 2017 EFP, the 
2018 EFP was intended to collect data on if and how the removal of 
certain gear, time, and area restrictions for the Shorebased Individual 
Fishing Quota (IFQ) Program may impact the nature and extent of 
prohibited species bycatch. In addition to the exemptions provided by 
the 2017 Trawl Gear EFP (i.e., required minimum mesh size and 
requirement to use a selective flatfish trawl shoreward of the Trawl 
RCA and north of 42[deg] N lat.), the 2018 Trawl Gear EFP provided 
participating vessels exemptions from the following limited entry 
prohibitions:
     Fishing with midwater groundfish trawl gear north of 
40[deg]10' N lat. in all areas (i.e., seaward, within, and shoreward of 
the RCA) prior to May 15th each year;
     Fishing with midwater groundfish trawl gear south of 
40[deg]10' N lat. within the boundaries of the Trawl RCA;
     Bringing a new haul onboard before a previous haul is 
stowed; and
     Carrying and fishing more than one type of groundfish 
trawl gear (midwater and bottom trawl gear) on the same trip.

The 2018 Trawl Gear EFP began on January 1, 2018. As of October 23, 
2018, a total of 15 vessels (7 midwater-only trawlers, 4 bottom-only 
trawlers, and 4 that used both gears) have completed 289 EFP trips and 
landed approximately 9,000 mt of groundfish, totaling

[[Page 61604]]

approximately $7 million in revenue. Those vessels harvested 213 
Chinook salmon and no sturgeon or coho salmon.
    At the June 2018 Council meeting, the 2017 and 2018 Trawl Gear EFP 
applicants submitted a modified EFP application titled, ``Year-round 
Coastwide Midwater Rockfish EFP: Monitoring and Minimizing Salmon 
Bycatch When Targeting Rockfish in the Shorebased IFQ Fishery'' (herein 
referred to as the ``2019 Trawl Gear EFP''). At the September 2018 
meeting, the Council recommended that NMFS implement this EFP for 2019, 
and made a preliminary determination to recommend the EFP to NMFS for 
2020. Separately, NMFS has issued a proposed trawl gear rule that would 
incorporate some of the exemptions included in the 2017 and 2018 EFPs 
into the groundfish regulations (Proposed rule: 83 FR 45396, September 
7, 2018; final rule expected to publish in late November/early December 
2018). The exemptions authorized under this 2019 Trawl Gear EFP will be 
finalized following the publication of the trawl gear rule so that the 
EFP does not include exemptions from requirements which may be removed 
from regulations by the rule. The 2019 Trawl Gear EFP is anticipated to 
include, at a minimum, exemptions from the following limited entry 
restrictions:
     The requirement to use selective flatfish trawl gear, and 
the prohibition on using small footrope trawl gear, other than 
selective flatfish trawl gear, shoreward of the Trawl RCA between 
42[deg] N lat. and 40[deg]10' N lat.;
     The prohibition on fishing with midwater groundfish trawl 
gear north of 40[deg]10' N lat. in all areas (i.e., seaward, within, 
and shoreward of the RCA) prior to May 15th each year;
     The prohibition on fishing with midwater groundfish trawl 
gear south of 40[deg]10' N lat. within the boundaries of the Trawl RCA; 
and
     The prohibition on retaining certain prohibited species.
    If NMFS approves this EFP, vessels fishing on an EFP trip with 
limited entry bottom trawl gear would be permitted to use any small 
footrope gear that meets the definition in regulations at Sec.  660.11 
shoreward of the Trawl RCA and between 42[deg] N lat. and 40[deg]10' N 
lat. Vessels fishing on an EFP trip with limited entry midwater trawl 
gear would be permitted to fish within all areas north of 40[deg]10' N 
lat. and within the boundaries and seaward of the Trawl RCA south of 
40[deg]10' N lat. Midwater trawling will still be prohibited shoreward 
of the Trawl RCA south of 40[deg]10' N lat. Participating vessels would 
not be constrained to the Pacific whiting primary season dates in 
existing groundfish regulations (see CFR 660.131). Participating 
vessels would be required to carry observers or use a NMFS-approved 
electronic monitoring system on 100 percent of trips, as is currently 
required in the IFQ program. Participating vessels would also be 
required to retain all salmon (excluding salmon already sampled by the 
West Coast Groundfish Observer (WCGOP) program) until offloading.
    A goal of this EFP is to collect information on the effects of 
lifting the restrictions described above on bycatch, including bycatch 
of Endangered Species Act (ESA)-listed species. Previous analyses 
suggest that bycatch rates of ESA-listed salmon and green sturgeon 
could increase as a result of the increased and changes in gear 
configurations resulting from this EFP. However, because a targeted 
fishery for chilipepper, widow, and yellowtail rockfish has not existed 
in more than a decade, and because the current groundfish trawl fishery 
has changed considerably in recent years, available data may have 
limited utility for predicting current impacts to protected and 
prohibited species in fisheries conducted with the exemptions that 
would be allowed under the EFP. NMFS staff worked with the applicants 
to develop an EFP that would increase the ability of fishery 
participants to target pelagic rockfish species while also minimizing 
bycatch to the extent practicable and collecting information about 
bycatch. To address potential increased protected and prohibited 
species encounters, the EFP applicants proposed gear-based Chinook 
salmon bycatch limits for midwater trawl and bottom trawl EFP vessels 
in 2019 (based on the Council Groundfish Management Team's 
recommendations at the September 2018 meeting; Agenda Item I.8.a). 
Under this proposal, if Chinook salmon catch on EFP trips for either 
gear type reaches the applicable bycatch limit, NMFS would revoke the 
EFP for that gear type for the remainder of the year.
    During discussion at the September 2018 meeting, the Council 
recommended simplifying the EFP terms by proposing that the Chinook 
bycatch limits be based only on the 42[deg] N lat. management line, 
rather than by gear type north and south of the 42[deg] N lat. line. 
This recommendation would reduce unnecessary complexity while still 
providing adequate safeguards for limiting salmon bycatch under the 
EFP. If this EFP is approved, NMFS would set a bycatch limit of 1,000 
Chinook salmon north of 42[deg] N lat. and 100 Chinook salmon south of 
42[deg] N lat. for vessels declared into the EFP, regardless of gear 
type. If either of these bycatch limits are reached, NMFS would revoke 
the EFP for both gear types in the respective management area (i.e., 
north or south of 42[deg] N lat.).
    The application includes a requirement to retain and land salmon 
bycatch on all EFP trips, consistent with current requirements for 
vessels participating in the shoreside Pacific whiting fishery. The 
intent of this provision is to provide a complete census of salmon 
bycatch for each EFP trip and maximize the amount of biological and 
genetic salmon samples. At the September 2018 meeting, the Council 
expressed a desire to provide state fish and wildlife agencies the 
opportunity to sample salmon bycatch. This sampling effort would be in 
addition to the salmon sampling already conducted by WCGOP. To address 
the request for additional sampling, the Council requested that NMFS 
work with NOAA's Office of Law Enforcement and state fish and wildlife 
agencies to establish proper chain-of-custody and sampling protocols in 
the event that salmon are landed. NMFS is supportive of making salmon 
bycatch available to state fish and wildlife agencies for additional 
sampling, however NMFS is confident that WCGOP's sampling approach is 
sufficient to collect the necessary scientific information for 
assessing salmon bycatch.
    The EFP applicants have not proposed a specific list of 
participating vessels, but rather are proposing that NMFS publish a 
public notice to gauge interest from limited entry groundfish midwater 
and bottom trawl vessels. Depending on the amount of interest and where 
vessels may be fishing, NMFS may need to limit participation by time 
and area to mitigate potential impacts.
    Information collected under the EFP would be used to support 
analysis for potential new gear regulations and modifications to 
existing gear regulations. Because many of the current gear regulations 
have been in place for more than ten years, it is difficult for NMFS, 
the Council, and industry to predict the impacts of removing these 
regulations. In the past ten years, the industry has changed 
significantly. Reduction in capacity, innovations in gear technologies, 
and changes in management have all contributed to these changes. This 
EFP would help demonstrate what potential impacts, if any, today's 
fleet may have if some of the current gear, area, and time regulations 
are modified from what is currently in regulation.

[[Page 61605]]

    NMFS is proposing to approve the 2019 Trawl Gear EFP, covering all 
the exemptions stated above, following the conclusion of the public 
comment period and review of public comment. Pending approval, NMFS 
would issue the permits for the EFP to the vessel owner or designated 
representative as the ``EFP holder.'' NMFS intends to use an adaptive 
management approach in which NMFS may revise requirements and protocols 
to improve the program without issuing another Federal Register Notice, 
provided that the modifications fall within the scope of the original 
EFP. In addition, the applicants may request minor modifications and 
extensions to the EFP throughout the course of research. NMFS may grant 
EFP modifications and extensions without further public notice if the 
changes are essential to facilitate completing the proposed research 
and result in only a minimal change in the scope or impacts of the 
initially approved EFP request.
    NMFS analyzed the potential effects of implementing the 2018 Trawl 
Gear EFP in an environmental assessment (EA), dated December 2017 
(Available at: http://www.westcoast.fisheries.noaa.gov). In that EA, 
NMFS stated that it anticipated issuing additional, similar, one-year 
EFPs that would cover a portion or all of the components discussed in 
the EA. Those EFPs would be supported by the analyses in the EA, as 
long as there were not substantial changes to the affected environment 
(e.g., status of the stock), components of the EFP (i.e., gear, area, 
and time restrictions), or unanticipated effects on the environment 
from permitting fishing activities that were not discussed in the EA's 
analysis. Since the 2019 Trawl Gear EFP meets those criteria, NMFS does 
not anticipate any adverse environmental impacts from the 2019 Trawl 
Gear EFP beyond those analyzed in the EA for the 2018 Trawl Gear and 
future similar EFPs. NMFS welcomes public comment on the NEPA coverage 
for this EFP.
    After publication of this document in the Federal Register, NMFS 
may approve and issue the EFP after the close of the public comment 
period. NMFS will consider comments submitted, as well as the Council's 
discussion at their September 2018 meeting, in deciding whether to 
approve the application as requested. NMFS may approve the application 
in its entirety or may make any alterations needed to achieve the goals 
of the EFP.

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

    Dated: November 27, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-26049 Filed 11-29-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                          Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices                                            61603

                                              xanthan gum from China. U.S. Customs                    would allow participating groundfish                     In 2017, NMFS permitted 32 vessels
                                              and Border Protection will continue to                  bottom and midwater trawl vessels more                to fish under the 2017 Trawl Gear EFP.
                                              collect AD cash deposits at the rates in                flexibility than allowed in current                   The EFP exempted limited entry bottom
                                              effect at the time of entry for all imports             regulations to target pelagic rockfish                and midwater trawl vessels from the
                                              of subject merchandise. The effective                   species, such as widow, chilipepper,                  minimum mesh size requirement, and
                                              date of the continuation of the Order                   and yellowtail rockfish. Regulations                  exempted limited entry bottom trawl
                                              will be the date of publication in the                  under the Magnuson-Stevens Fishery                    vessels from the requirement to use
                                              Federal Register of this notice of                      Conservation and Management Act                       selective flatfish trawl gear shoreward of
                                              continuation. Pursuant to section                       require publication of this notification              the Trawl Rockfish Conservation Area
                                              751(c)(2) of the Act and 19 CFR                         to provide interested parties the                     (RCA) north of 42° North latitude (N
                                              351.218(c)(2), Commerce intends to                      opportunity to comment on applications                lat). The purpose of this EFP was to
                                              initiate the next sunset review of the                  for proposed exempted fishing permits.                collect information on potential impacts
                                              Order not later than 30 days prior to the               DATES: Comments must be received no                   to prohibited and protected species from
                                              fifth anniversary of the effective date of              later than 5 p.m., local time on                      modifying or eliminating certain gear
                                              continuation.                                           December 17, 2018.                                    and area regulations by allowing
                                                 This five-year sunset review and this                                                                      participants to configure their gear to re-
                                                                                                      ADDRESSES: You may submit comments
                                              notice are in accordance with section                                                                         establish a targeted rockfish fishery for
                                              751(c) and 751(d)(2) of the Act and                     on this document, identified by NOAA–
                                                                                                                                                            widow, yellowtail, and chilipepper
                                              published pursuant to section 777(i)(1)                 NMFS–2018–0112, by any of the
                                                                                                                                                            rockfish. From March 2017 to December
                                              of the Act and 19 CFR 351.218(f)(4).                    following methods:
                                                                                                                                                            2017, a total of 11 limited entry
                                                                                                         • Electronic Submissions: Submit all               groundfish bottom trawl vessels went on
                                                Dated: November 27, 2018.                             electronic public comments via the
                                              Gary Taverman,                                                                                                63 EFP trips and landed 1,355 metric
                                                                                                      Federal e-Rulemaking Portal. Go to                    tons (mt) of groundfish, totaling
                                              Deputy Assistant Secretary for Antidumping              www.regulations.gov/
                                              and Countervailing Duty Operations,                                                                           $1,613,178 in revenue. Prohibited
                                                                                                      #!docketDetail;D=NOAA-NMFS-2018-                      species bycatch included five Chinook
                                              performing the non-exclusive functions and
                                                                                                      0112, click the ‘‘Comment Now!’’ icon,                salmon and no sturgeon.
                                              duties of the Assistant Secretary for
                                              Enforcement and Compliance.                             complete the required fields, and enter                  To continue collecting information on
                                                                                                      or attach your comments. The EFP                      the impacts of modifying or eliminating
                                              [FR Doc. 2018–26170 Filed 11–29–18; 8:45 am]
                                                                                                      application will be available under                   gear and area regulations, the Pacific
                                              BILLING CODE 3510–DS–P
                                                                                                      ‘‘Supporting Documents’’ through the                  Fishery Management Council (Council)
                                                                                                      same link.                                            recommended and NMFS issued, a 2018
                                              DEPARTMENT OF COMMERCE                                     • Mail: Submit written comments to                 Trawl Gear EFP that expanded on the
                                                                                                      Lynn Massey, West Coast Region,                       2017 Trawl Gear EFP. As with the 2017
                                              National Oceanic and Atmospheric                        NMFS, 501 W Ocean Blvd., Ste. 4200,                   EFP, the 2018 EFP was intended to
                                              Administration                                          Long Beach, CA 90802–4250.                            collect data on if and how the removal
                                                                                                         Instructions: Comments sent by any                 of certain gear, time, and area
                                              RIN 0648–XG513
                                                                                                      other method, to any other address or                 restrictions for the Shorebased
                                              Magnuson-Stevens Act Provisions;                        individual, or received after the end of              Individual Fishing Quota (IFQ) Program
                                              General Provisions for Domestic                         the comment period, may not be                        may impact the nature and extent of
                                              Fisheries; Pacific Coast Groundfish                     considered by NMFS. All comments                      prohibited species bycatch. In addition
                                              Fishery; Application for an Exempted                    received are a part of the public record              to the exemptions provided by the 2017
                                              Fishing Permit                                          and would generally be posted for                     Trawl Gear EFP (i.e., required minimum
                                                                                                      public viewing on www.regulations.gov                 mesh size and requirement to use a
                                              AGENCY:  National Marine Fisheries                      without change. All personal identifying              selective flatfish trawl shoreward of the
                                              Service (NMFS), National Oceanic and                    information (e.g., name, address, etc.),              Trawl RCA and north of 42° N lat.), the
                                              Atmospheric Administration (NOAA),                      confidential business information, or                 2018 Trawl Gear EFP provided
                                              Commerce.                                               otherwise sensitive information                       participating vessels exemptions from
                                              ACTION: Notice; request for comments.                   submitted voluntarily by the sender                   the following limited entry prohibitions:
                                                                                                      would be publicly accessible. NMFS                       • Fishing with midwater groundfish
                                              SUMMARY:  NMFS announces the receipt
                                                                                                      would accept anonymous comments                       trawl gear north of 40°10′ N lat. in all
                                              of an exempted fishing permit
                                                                                                      (enter ‘‘N/A’’ in the required fields if              areas (i.e., seaward, within, and
                                              application titled, ‘‘Year-round
                                                                                                      you wish to remain anonymous).                        shoreward of the RCA) prior to May
                                              Coastwide Midwater Rockfish EFP:
                                                                                                      Attachments to electronic comments                    15th each year;
                                              Monitoring and Minimizing Salmon
                                                                                                      would be accepted in Microsoft Word,                     • Fishing with midwater groundfish
                                              Bycatch When Targeting Rockfish in the
                                                                                                      Excel, or Adobe PDF file formats only.                trawl gear south of 40°10′ N lat. within
                                              Shorebased IFQ Fishery.’’ The
                                              application, submitted by the West                      FOR FURTHER INFORMATION CONTACT:                      the boundaries of the Trawl RCA;
                                              Coast Seafood Processors Association,                   Lynn Massey, West Coast Region,                          • Bringing a new haul onboard before
                                              Environmental Defense Fund, Oregon                      NMFS, at (562) 436–2462, lynn.massey@                 a previous haul is stowed; and
                                              Trawl Commission, and Midwater                          noaa.gov.                                                • Carrying and fishing more than one
                                              Trawlers Cooperative, requests a permit                 SUPPLEMENTARY INFORMATION: This                       type of groundfish trawl gear (midwater
                                              to test whether removing certain gear,                  action is authorized by the Pacific Coast             and bottom trawl gear) on the same trip.
amozie on DSK3GDR082PROD with NOTICES1




                                              time, and area restrictions for vessels                 Groundfish Fishery Management Plan                    The 2018 Trawl Gear EFP began on
                                              fishing under the Trawl Rationalization                 (FMP) and implementing regulations at                 January 1, 2018. As of October 23, 2018,
                                              Program’s Shorebased Individual                         50 CFR 600.745, which allow NMFS                      a total of 15 vessels (7 midwater-only
                                              Fishing Quota Program may impact the                    Regional Administrators to authorize                  trawlers, 4 bottom-only trawlers, and 4
                                              nature and extent of bycatch of                         exempted fishing permits (EFPs) to test               that used both gears) have completed
                                              prohibited species (e.g., Chinook                       fishing activities that would otherwise               289 EFP trips and landed approximately
                                              salmon). This exempted fishing permit                   be prohibited.                                        9,000 mt of groundfish, totaling


                                         VerDate Sep<11>2014   17:00 Nov 29, 2018   Jkt 247001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\30NON1.SGM   30NON1


                                              61604                       Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices

                                              approximately $7 million in revenue.                    Pacific whiting primary season dates in               vessels declared into the EFP, regardless
                                              Those vessels harvested 213 Chinook                     existing groundfish regulations (see CFR              of gear type. If either of these bycatch
                                              salmon and no sturgeon or coho salmon.                  660.131). Participating vessels would be              limits are reached, NMFS would revoke
                                                 At the June 2018 Council meeting, the                required to carry observers or use a                  the EFP for both gear types in the
                                              2017 and 2018 Trawl Gear EFP                            NMFS-approved electronic monitoring                   respective management area (i.e., north
                                              applicants submitted a modified EFP                     system on 100 percent of trips, as is                 or south of 42° N lat.).
                                              application titled, ‘‘Year-round                        currently required in the IFQ program.                   The application includes a
                                              Coastwide Midwater Rockfish EFP:                        Participating vessels would also be                   requirement to retain and land salmon
                                              Monitoring and Minimizing Salmon                        required to retain all salmon (excluding              bycatch on all EFP trips, consistent with
                                              Bycatch When Targeting Rockfish in the                  salmon already sampled by the West                    current requirements for vessels
                                              Shorebased IFQ Fishery’’ (herein                        Coast Groundfish Observer (WCGOP)                     participating in the shoreside Pacific
                                              referred to as the ‘‘2019 Trawl Gear                    program) until offloading.                            whiting fishery. The intent of this
                                              EFP’’). At the September 2018 meeting,                     A goal of this EFP is to collect                   provision is to provide a complete
                                              the Council recommended that NMFS                       information on the effects of lifting the             census of salmon bycatch for each EFP
                                              implement this EFP for 2019, and made                   restrictions described above on bycatch,              trip and maximize the amount of
                                              a preliminary determination to                          including bycatch of Endangered                       biological and genetic salmon samples.
                                              recommend the EFP to NMFS for 2020.                     Species Act (ESA)-listed species.                     At the September 2018 meeting, the
                                              Separately, NMFS has issued a                           Previous analyses suggest that bycatch                Council expressed a desire to provide
                                              proposed trawl gear rule that would                     rates of ESA-listed salmon and green                  state fish and wildlife agencies the
                                              incorporate some of the exemptions                      sturgeon could increase as a result of the            opportunity to sample salmon bycatch.
                                              included in the 2017 and 2018 EFPs                      increased and changes in gear                         This sampling effort would be in
                                              into the groundfish regulations                         configurations resulting from this EFP.               addition to the salmon sampling already
                                              (Proposed rule: 83 FR 45396, September                  However, because a targeted fishery for               conducted by WCGOP. To address the
                                              7, 2018; final rule expected to publish                 chilipepper, widow, and yellowtail                    request for additional sampling, the
                                              in late November/early December 2018).                  rockfish has not existed in more than a               Council requested that NMFS work with
                                              The exemptions authorized under this                    decade, and because the current                       NOAA’s Office of Law Enforcement and
                                              2019 Trawl Gear EFP will be finalized                   groundfish trawl fishery has changed                  state fish and wildlife agencies to
                                              following the publication of the trawl                  considerably in recent years, available               establish proper chain-of-custody and
                                              gear rule so that the EFP does not                      data may have limited utility for                     sampling protocols in the event that
                                              include exemptions from requirements                    predicting current impacts to protected               salmon are landed. NMFS is supportive
                                              which may be removed from regulations                   and prohibited species in fisheries                   of making salmon bycatch available to
                                              by the rule. The 2019 Trawl Gear EFP                    conducted with the exemptions that                    state fish and wildlife agencies for
                                              is anticipated to include, at a minimum,                would be allowed under the EFP. NMFS
                                                                                                                                                            additional sampling, however NMFS is
                                              exemptions from the following limited                   staff worked with the applicants to
                                                                                                                                                            confident that WCGOP’s sampling
                                              entry restrictions:                                     develop an EFP that would increase the
                                                                                                                                                            approach is sufficient to collect the
                                                 • The requirement to use selective                   ability of fishery participants to target
                                                                                                                                                            necessary scientific information for
                                              flatfish trawl gear, and the prohibition                pelagic rockfish species while also
                                                                                                                                                            assessing salmon bycatch.
                                              on using small footrope trawl gear, other               minimizing bycatch to the extent
                                              than selective flatfish trawl gear,                     practicable and collecting information                   The EFP applicants have not
                                              shoreward of the Trawl RCA between                      about bycatch. To address potential                   proposed a specific list of participating
                                              42° N lat. and 40°10′ N lat.;                           increased protected and prohibited                    vessels, but rather are proposing that
                                                 • The prohibition on fishing with                    species encounters, the EFP applicants                NMFS publish a public notice to gauge
                                              midwater groundfish trawl gear north of                 proposed gear-based Chinook salmon                    interest from limited entry groundfish
                                              40°10′ N lat. in all areas (i.e., seaward,              bycatch limits for midwater trawl and                 midwater and bottom trawl vessels.
                                              within, and shoreward of the RCA) prior                 bottom trawl EFP vessels in 2019 (based               Depending on the amount of interest
                                              to May 15th each year;                                  on the Council Groundfish Management                  and where vessels may be fishing,
                                                 • The prohibition on fishing with                    Team’s recommendations at the                         NMFS may need to limit participation
                                              midwater groundfish trawl gear south of                 September 2018 meeting; Agenda Item                   by time and area to mitigate potential
                                              40°10′ N lat. within the boundaries of                  I.8.a). Under this proposal, if Chinook               impacts.
                                              the Trawl RCA; and                                      salmon catch on EFP trips for either gear                Information collected under the EFP
                                                 • The prohibition on retaining certain               type reaches the applicable bycatch                   would be used to support analysis for
                                              prohibited species.                                     limit, NMFS would revoke the EFP for                  potential new gear regulations and
                                                 If NMFS approves this EFP, vessels                   that gear type for the remainder of the               modifications to existing gear
                                              fishing on an EFP trip with limited                     year.                                                 regulations. Because many of the
                                              entry bottom trawl gear would be                           During discussion at the September                 current gear regulations have been in
                                              permitted to use any small footrope gear                2018 meeting, the Council                             place for more than ten years, it is
                                              that meets the definition in regulations                recommended simplifying the EFP                       difficult for NMFS, the Council, and
                                              at § 660.11 shoreward of the Trawl RCA                  terms by proposing that the Chinook                   industry to predict the impacts of
                                              and between 42° N lat. and 40°10′ N lat.                bycatch limits be based only on the 42°               removing these regulations. In the past
                                              Vessels fishing on an EFP trip with                     N lat. management line, rather than by                ten years, the industry has changed
                                              limited entry midwater trawl gear                       gear type north and south of the 42° N                significantly. Reduction in capacity,
                                              would be permitted to fish within all                   lat. line. This recommendation would                  innovations in gear technologies, and
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                                              areas north of 40°10′ N lat. and within                 reduce unnecessary complexity while                   changes in management have all
                                              the boundaries and seaward of the                       still providing adequate safeguards for               contributed to these changes. This EFP
                                              Trawl RCA south of 40°10′ N lat.                        limiting salmon bycatch under the EFP.                would help demonstrate what potential
                                              Midwater trawling will still be                         If this EFP is approved, NMFS would                   impacts, if any, today’s fleet may have
                                              prohibited shoreward of the Trawl RCA                   set a bycatch limit of 1,000 Chinook                  if some of the current gear, area, and
                                              south of 40°10′ N lat. Participating                    salmon north of 42° N lat. and 100                    time regulations are modified from what
                                              vessels would not be constrained to the                 Chinook salmon south of 42° N lat. for                is currently in regulation.


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                                                                          Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices                                            61605

                                                 NMFS is proposing to approve the                       Dated: November 27, 2018.                           program subject to a cost recovery fee,
                                              2019 Trawl Gear EFP, covering all the                   Karen H. Abrams,                                      and that the fee be collected either at the
                                              exemptions stated above, following the                  Acting Director, Office of Sustainable                time of landing, filing of a landing
                                              conclusion of the public comment                        Fisheries, National Marine Fisheries Service.         report, or sale of such fish during a
                                              period and review of public comment.                    [FR Doc. 2018–26049 Filed 11–29–18; 8:45 am]          fishing season or in the last quarter of
                                              Pending approval, NMFS would issue                      BILLING CODE 3510–22–P                                the calendar year in which the fish is
                                              the permits for the EFP to the vessel                                                                         harvested.
                                              owner or designated representative as                                                                            NMFS manages the Amendment 80
                                              the ‘‘EFP holder.’’ NMFS intends to use                 DEPARTMENT OF COMMERCE                                Program, AFA Program, and AIP
                                              an adaptive management approach in                                                                            Program as limited access privilege
                                              which NMFS may revise requirements                      National Oceanic and Atmospheric                      programs. On January 5, 2016, NMFS
                                              and protocols to improve the program                    Administration                                        published a final rule to implement cost
                                              without issuing another Federal                                                                               recovery for these three limited access
                                                                                                      RIN 0648–XG589
                                              Register Notice, provided that the                                                                            privilege programs and the CDQ
                                              modifications fall within the scope of                  Fisheries of the Exclusive Economic                   groundfish and halibut programs (81 FR
                                              the original EFP. In addition, the                      Zone Off Alaska; Bering Sea and                       150). The designated representative (for
                                              applicants may request minor                            Aleutian Islands Management Area;                     the purposes of cost recovery) for each
                                              modifications and extensions to the EFP                 Cost Recovery Programs                                program is responsible for submitting
                                              throughout the course of research.                                                                            the fee payment to NMFS on or before
                                              NMFS may grant EFP modifications and                    AGENCY:  National Marine Fisheries                    the due date of December 31 of the year
                                                                                                      Service (NMFS), National Oceanic and                  in which the landings were made. The
                                              extensions without further public notice
                                                                                                      Atmospheric Administration (NOAA),                    total dollar amount of the fee due is
                                              if the changes are essential to facilitate
                                                                                                      Commerce.                                             determined by multiplying the NMFS
                                              completing the proposed research and
                                                                                                      ACTION: Notice of standard prices and                 published fee percentage by the ex-
                                              result in only a minimal change in the
                                                                                                      fee percentages.                                      vessel value of all landings under the
                                              scope or impacts of the initially
                                                                                                                                                            program made during the fishing year.
                                              approved EFP request.
                                                                                                      SUMMARY:  NMFS publishes standard                     NMFS publishes this notice of the fee
                                                 NMFS analyzed the potential                          prices and fee percentages for cost                   percentages for the Amendment 80,
                                              effects of implementing the 2018 Trawl                  recovery for the Amendment 80                         AFA, AIP, and CDQ groundfish and
                                              Gear EFP in an environmental                            Program, the American Fisheries Act                   halibut fisheries in the Federal Register
                                              assessment (EA), dated December 2017                    (AFA) Program, the Aleutian Islands                   by December 1 each year.
                                              (Available at: http://                                  Pollock (AIP) Program, and the Western
                                              www.westcoast.fisheries.noaa.gov). In                                                                         Standard Prices
                                                                                                      Alaska Community Development Quota
                                              that EA, NMFS stated that it anticipated                (CDQ) groundfish and halibut Programs.                   The fee liability is based on the ex-
                                              issuing additional, similar, one-year                   The fee percentage for 2018 is 0.75                   vessel value of fish harvested in each
                                              EFPs that would cover a portion or all                  percent for the Amendment 80 Program,                 program. For purposes of calculating
                                              of the components discussed in the EA.                  0.24 percent for the AFA inshore                      cost recovery fees, NMFS calculates a
                                              Those EFPs would be supported by the                    cooperatives, 0.34 percent for the AFA                standard ex-vessel price (standard price)
                                              analyses in the EA, as long as there were               mothership cooperative, 3.0 percent for               for each species. A standard price is
                                              not substantial changes to the affected                 the AIP program, and 0.66 percent for                 determined using information on
                                              environment (e.g., status of the stock),                the CDQ groundfish and halibut                        landings purchased (volume) and ex-
                                              components of the EFP (i.e., gear, area,                Programs. This action is intended to                  vessel value paid (value). For most
                                              and time restrictions), or unanticipated                provide the 2018 standard prices and                  groundfish species, NMFS annually
                                              effects on the environment from                         fee percentages to calculate the required             summarizes volume and value
                                              permitting fishing activities that were                 payment for cost recovery fees due by                 information for landings of all fishery
                                              not discussed in the EA’s analysis.                     December 31, 2018.                                    species subject to cost recovery in order
                                              Since the 2019 Trawl Gear EFP meets                                                                           to estimate a standard price for each
                                                                                                      DATES: The standard prices and fee
                                              those criteria, NMFS does not anticipate                                                                      species. The standard prices are
                                                                                                      percentages are valid on November 30,
                                              any adverse environmental impacts                                                                             described in U.S. dollars per pound for
                                                                                                      2018.
                                              from the 2019 Trawl Gear EFP beyond                                                                           landings made during the year. The
                                                                                                      FOR FURTHER INFORMATION CONTACT: Carl                 standard prices for all species in the
                                              those analyzed in the EA for the 2018
                                              Trawl Gear and future similar EFPs.                     Greene, Fee Coordinator, 907–586–7105.                Amendment 80, AFA, AIP, and CDQ
                                              NMFS welcomes public comment on                         SUPPLEMENTARY INFORMATION:                            groundfish and halibut programs are
                                              the NEPA coverage for this EFP.                         Background                                            listed in Table 1. Each landing made
                                                 After publication of this document in                                                                      under each program is multiplied by the
                                                                                                        Section 304(d) of the Magnuson-                     appropriate standard price to arrive at
                                              the Federal Register, NMFS may                          Stevens Fishery Conservation and
                                              approve and issue the EFP after the                                                                           an ex-vessel value for each landing.
                                                                                                      Management Act (Magnuson-Stevens                      These values are summed together to
                                              close of the public comment period.                     Act) authorizes and requires the
                                              NMFS will consider comments                                                                                   arrive at the ex-vessel value of each
                                                                                                      collection of cost recovery fees for                  program (fishery value).
                                              submitted, as well as the Council’s                     limited access privilege programs and
                                              discussion at their September 2018                      the CDQ Program. Cost recovery fees                   Fee Percentage
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                                              meeting, in deciding whether to approve                 recover the actual costs directly related               NMFS calculates the fee percentage
                                              the application as requested. NMFS may                  to the management, data collection, and               each year according to the factors and
                                              approve the application in its entirety or              enforcement of the programs. Section                  methods described in Federal
                                              may make any alterations needed to                      304(d) of the Magnuson-Stevens Act                    regulations at 50 CFR 679.33(c)(2),
                                              achieve the goals of the EFP.                           mandates that cost recovery fees not                  679.66(c)(2), 679.67(c)(2), and
                                                Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.          exceed three percent of the annual ex-                679.95(c)(2). NMFS determines the fee
                                              773 et seq., and 16 U.S.C. 7001 et seq.                 vessel value of fish harvested by a                   percentage that applies to landings


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Document Created: 2018-11-30 04:36:10
Document Modified: 2018-11-30 04:36:10
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; request for comments.
DatesComments must be received no later than 5 p.m., local time on December 17, 2018.
ContactLynn Massey, West Coast Region, NMFS, at (562) 436-2462, [email protected]
FR Citation83 FR 61603 
RIN Number0648-XG51

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