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)

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


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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.

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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