Fisheries of the Exclusive Economic Zone off Alaska; Application for an Exempted Fishing Permit, 4018-4021 [2016-01342]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Notices]
[Pages 4018-4021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01342]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE370


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 the Alaska Seafood Cooperative (AKSC) and co-
applicants. If granted, this EFP would allow the applicants to remove 
halibut from a trawl codend on the deck, and release those fish back to 
the water in a timely manner to increase survivability. These halibut 
would be sampled by NMFS-trained observers for length and physical 
condition using standard International Pacific Halibut Commission 
(IPHC) halibut mortality assessment methods. The objectives of the EFP 
application are to (1) test methods for sorting halibut on deck for 
suitability as an allowable fish handling mode for the non-pollock 
catcher/processor trawl fisheries (Amendment 80, community development 
quota (CDQ), and trawl limited access) in the Bering Sea and Aleutian 
Islands under an eventual regulated program; (2) simplify and improve 
on elements that worked under a 2015 deck sorting EFP project; and (3) 
address challenges and issues that arose in the 2015 EFP. This 
experiment has the potential to promote the objectives of the Magnuson-
Stevens Fishery Conservation and Management Act and the Northern 
Pacific Halibut Act.

DATES: Comments on this EFP application must be submitted to NMFS on or 
before February 9, 2016. The North Pacific Fishery Management Council 
(Council) will consider the application at its meeting from February 1, 
2016, through February 9, 2016, in Portland, OR.

ADDRESSES: The Council meeting will be held at the Benson Hotel, 309 SW 
Broadway, Portland, OR 97205. The agenda for the Council meeting is 
available at https://www.npfmc.org. You may submit comments on this 
document, identified by NOAA-NMFS-2015-0162, by any of the following 
methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0162, 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 Environmental Policy Act are 
available from the Alaska Region, NMFS Web site at https://alaskafisheries.noaa.gov/.
    The June 2014 IPHC Report is available from the Council Web site at 
https://www.npfmc.org.

FOR FURTHER INFORMATION CONTACT: Julie Scheurer, 907-586-7111.

SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish 
fisheries in the Bering Sea and Aleutian Islands management area (BSAI) 
under the Fishery Management Plan for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (FMP), which the Council prepared

[[Page 4019]]

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

Background

    Regulations implemented by the IPHC allow Pacific halibut to be 
commercially harvested by the directed North Pacific longline fishery. 
Halibut is a prohibited species in the groundfish fishery, requiring 
immediate return to the sea with a minimum of injury. Halibut caught 
incidentally by catcher/processors in the nonpelagic trawl groundfish 
fisheries must be weighed on a NMFS-approved scale, sampled by 
observers, and returned to the ocean as soon as possible. The Council 
establishes annual maximum halibut bycatch allowances and seasonal 
apportionments adjusted by an estimated halibut discard mortality rate 
(DMR) for groundfish fisheries. The DMRs are based on the best 
information available, including information contained in the annual 
Stock Assessment and Fishery Evaluation report, available at https://www.alaskafisheries.noaa.gov/. NMFS approves the halibut DMRs developed 
and recommended by the IPHC and the Council for the BSAI groundfish 
fisheries for use in monitoring the halibut bycatch allowances and 
seasonal apportionments. The IPHC developed these DMRs for the BSAI 
groundfish fisheries using the 10-year mean DMRs for those fisheries.
    Directed fishing in a groundfish fishery closes when the halibut 
mortality apportionment for the fishery is reached, even if the target 
species catch is less than the seasonal or annual quota for the 
directed fishery. In the case of the Bering Sea flatfish fishery, 
seasons have been closed before fishery quotas have been reached to 
prevent the fishery from exceeding the halibut mortality apportionment.
    With the implementation of Amendment 80 to the FMP on September 14, 
2007 (72 FR 52668), halibut mortality apportionments were established 
for the Amendment 80 sector and for Amendment 80 cooperatives. 
Amendment 80 is a catch share program that allocates several BSAI non-
pollock trawl groundfish fisheries (including the flatfish fishery) 
among fishing sectors, and facilitates the formation of harvesting 
cooperatives in the non-American Fisheries Act trawl catcher/processor 
sector. Though halibut mortality apportionments provide Amendment 80 
cooperatives more flexibility to use available mortality, halibut 
mortality continues to constrain fishing in some Amendment 80 
fisheries. Therefore, this sector is actively exploring ways to 
continue to reduce halibut mortality.
    Before incidentally caught halibut are returned to the sea, at-sea 
observers must estimate halibut and groundfish catch amounts. 
Regulations in 50 CFR part 679 assure that observer estimates of 
halibut and groundfish catch are credible and accurate, and that 
potential bias is minimized. For example, NMFS requires that all catch 
be made available for sampling by an observer; prohibits tampering with 
observer samples; prohibits removal of halibut from a codend, bin, or 
conveyance system prior to being observed and counted by an at-sea 
observer; and prohibits fish (including halibut) from remaining on deck 
unless an observer is present.
    In 2009 and 2012, halibut mortality experiments were conducted by 
members of the Amendment 80 sector under EFP 09-02 (74 FR 12113, March 
23, 2009) and EFP 12-01 (76 FR 70972, November 16, 2011). By 
regulation, all catch including halibut is moved across a flow scale 
below deck before the halibut is returned to the sea. Halibut mortality 
increases with increased handling and time out of water. Under the 2009 
and 2012 EFPs, experimental methods for sorting catch on a vessel's 
deck allowed halibut to be returned to the sea in less time, with less 
handling relative to halibut routed below deck and over the flow scale. 
The halibut mortality during flatfish fishing under the 2009 and 2012 
EFPs was estimated to be approximately 17 metric tons (mt) and 10.8 mt, 
respectively, less than the amounts estimated from the DMR for this 
fishery. The reduced halibut mortality under the 2009 and 2012 EFPs is 
attributed to the improved condition of halibut through reduced 
handling and time out of water.
    In 2015, test fishing under EFP 2015-02 (80 FR 3222, January 22, 
2015) expanded on results of the 2009 and 2012 EFPs to explore the 
feasibility of deck sorting halibut in additional fisheries, on more 
vessels, and during a longer interval of time during the fishing 
season. The primary objective was to reduce halibut mortality in the 
Amendment 80 groundfish fisheries in 2015. Fishing under the EFP began 
in May and continued through November. The most prominent result from 
the 2015 EFP was that substantial halibut mortality savings were 
achieved from deck sorting on catcher/processors operating in non-
pollock Bering Sea fisheries. The preliminary estimate of halibut 
savings under the 2015 EFP is 131 mt. For the nine vessels that 
participated in the 2015 EFP, all but one achieved mortality rates in 
the range of 41 percent to 53 percent, compared to the standard 
mortality rate of 80 percent in the Bering Sea flatfish fisheries 
without deck sorting (average across target fisheries of interest for 
the 2015 EFP).
    Reducing halibut mortality is a high priority for the IPHC, the 
Council, and NMFS. In June 2014, the Council received a report from the 
IPHC about the impact of halibut bycatch in the groundfish fisheries on 
the short- and long-term yields in the directed halibut fishery. The 
IPHC report (see ADDRESSES) presented scenarios under which increases 
in halibut bycatch or decreases in the exploitable halibut biomass 
would result in no directed fishery yield in IPHC Management Area 4CDE 
per the IPHC's harvest policy. At its June 2014 meeting, the Council 
passed a motion requesting all groundfish industry sectors to undertake 
voluntary efforts to reduce halibut mortalities in the BSAI resulting 
from halibut bycatch, as well as discards in the directed fishery, by 
10 percent from the current 5-year average levels, through the 2014-15 
fishing seasons. The Council also encouraged NMFS to work closely with 
the Amendment 80 sector to develop deck sorting procedures and 
technologies that could reduce halibut mortalities with the eventual 
goal of implementing a full-scale program. In 2015, in part due to 
these voluntary efforts and deck sorting procedures, 43 percent (1,888 
mt) of halibut prohibited species catch (PSC) was unused and ``left in 
the water.'' In 2014, by comparison, 22 percent (985 mt) of halibut PSC 
was unused. The total halibut mortality in the BSAI in 2015 was 2,537 
mt.

[[Page 4020]]

    In June 2015, the Council took final action to reduce halibut PSC 
mortality limits in the BSAI groundfish fisheries overall from 4,426 mt 
to 3,515 mt, a 21 percent reduction. The Council took final action to 
reduce the halibut PSC mortality limit for the Amendment 80 sector by 
25 percent, from 2,325 mt to 1,745 mt per year. NMFS published a 
proposed rule to implement Amendment 111 and these PSC reductions to 
the FMP for groundfish of the BSAI on November 16, 2015 (80 FR 71650).

Proposed Action

    On December 16, 2015, the AKSC, an Amendment 80 cooperative, 
submitted an application for an EFP for 2016 to build on the 
information collected in prior deck sorting EFPs and further reduce 
halibut mortality in the Amendment 80, CDQ, and trawl limited access 
sectors. The objectives of the proposed 2016 EFP are to test 
modifications to the procedures and approaches in the 2015 EFP that (1) 
move substantively towards implementation of deck sorting as an 
allowable fish handling mode for the non-pollock catcher-processor 
trawl fisheries in the BSAI; (2) simplify and improve on elements that 
worked from the 2015 EFP; and (3) address challenges and issues that 
arose in the 2015 EFP. Consistent with 2015 methods, the EFP would 
allow crew on board catcher/processors to sort halibut removed from a 
codend on the deck of the vessel. Those sorted halibut could be 
released back to the water after the halibut are measured for length 
and tested for physical condition using standard IPHC viability 
assessment methods.
    The applicants propose to test several new aspects that would 
inform a future, operationalized deck sorting process in Federal 
regulations:
    (1) Observers instead of sea samplers would be used to track and 
monitor halibut sorted on deck;
    (2) A single set of procedures would be used to account for halibut 
on EFP trips, i.e., vessels would not be able to switch between EFP and 
normal hauls on a single trip; and
    (3) Concepts for halibut holding tanks on deck would be tested.
    The applicant proposes to begin EFP fishing in May 2016 and end on 
December 31, 2016. The EFP would allow halibut to be sorted, sampled, 
and released prior to being weighed on a flow scale, to achieve the 
experimental objectives and reduce halibut mortality. This EFP 
application requests an amount of halibut PSC mortality for vessels 
engaged in experimental fishing not to exceed the 2016 halibut PSC 
mortality apportionments set out in Table 14 of the Final 2015 and 2016 
Harvest Specifications (available at https://alaskafisheries.noaa.gov/sites/default/files/15_16bsaitable14.pdf). Participants request no 
additional groundfish or halibut quota as part of this EFP application, 
and all groundfish catch will accrue against the appropriate Amendment 
80, CDQ, or trawl limited access sector catch and PSC allowances.
    Participating vessels would procure and use three NMFS-trained at-
sea observers during EFP trips. Observers would perform all of their 
duties on deck and in the factory during 8-hour shifts, leaving up to 
four hours per observer per day for error checking and the additional 
work to enter data for halibut sorted on deck. Work shifts would not 
exceed 12 hours per observer. Three observers would therefore work 
overlapping 12-hour shifts for continuous coverage to track the amount 
of halibut mortality for fish sorted on deck to determine halibut 
mortality amounts from EFP-permitted vessels.
    Using observers instead of sea samplers as in the 2015 EFP would 
resolve some of the issues that emerged in 2015 regarding equipment 
usage, long shifts with few breaks, training, lines of authority, and 
timely access to the data. Observers would be able to enter and 
extrapolate data via the NMFS Catch Accounting System so PSC usage by 
EFP participants would be reported and tracked in near real-time along 
with non-EFP participants' usage and would accrue against the sectors' 
halibut PSC mortality apportionments. If the halibut mortality 
apportionment is reached, the EFP permit holder would notify NMFS and 
end EFP fishing. As required by existing regulations, Amendment 80 
fishing will also cease when the annual halibut mortality apportionment 
is reached.
    The applicants propose a modified factory sampling procedure 
relative to the one used in 2015. Under the 2015 EFP, halibut that were 
not sorted on deck were collected by the crew in the factory under the 
supervision of a sea sampler. The sea sampler measured all halibut 
collected in the factory, and a mortality rate of 90 percent was used 
to determine total halibut mortality in the factory. The observers did 
not account for halibut mortality on EFP hauls in 2015, rather the EFP 
participants and sea samplers determined and tracked halibut mortality 
for EFP hauls.
    In 2016, halibut that are not sorted on deck would flow to the 
factory and would be available to the observer for sampling. The on-
duty observer would collect species composition samples per standard 
protocols to estimate the proportion of halibut in the haul relative to 
other species. The proportion of halibut estimated to be in the haul 
would be extrapolated to the total haul catch weight to estimate the 
total amount of halibut not sorted on deck. A mortality rate of 90 
percent would be applied to the amount of halibut in the factory to 
estimate the halibut mortality from the factory. The resulting factory 
halibut mortality amount would be combined with the amount of halibut 
mortality estimated in the deck-sorted portion of the haul to estimate 
the total halibut mortality for each EFP haul.
    The following example is provided as an illustration for how total 
halibut mortality would be calculated for a haul under the 2016 EFP. 
Assume a vessel catches 400 kilograms (kg) of halibut in one haul. 
Assume 92 percent of the halibut is removed on deck and the vessel 
achieves a halibut discard mortality of 50 percent by releasing these 
fish from deck. In this example, the amount of halibut mortality on 
deck is 184 kg. A halibut mortality of 90 percent is applied to the 32 
kg of halibut that are sampled in the factory, resulting in a halibut 
mortality of 28.8 kg in the factory. In this example, the total halibut 
mortality for the haul is 212.8 kg.
    The halibut mortality data collected by observers would be 
available to NMFS in near-real time for inseason management in 2016. In 
addition to the observer samples, under the 2016 EFP, vessel crew would 
conduct a census of halibut in the factory, after they have been 
available to the observer for sampling, to compare observer estimates 
of total halibut and census results.
    Under the 2015 EFP, vessels could switch between EFP fishing and 
regular commercial fishing during a single fishing trip. In 2016, EFP 
participants would operate under a single catch handling and accounting 
method for all hauls on a fishing trip designated as an EFP trip. This 
modification is expected to reduce potential confusion aboard the 
vessel and improve efficiency for catch accounting and scientific 
personnel. Operators of participating vessels would still have a way to 
opt out of sorting on deck when it is potentially unsafe or when the 
vessel has located a fishing area where halibut bycatch is very low.
    The applicants propose to test the concept of holding deck-sorted 
halibut in tanks with recirculating sea water on the deck of the vessel 
to minimize post-release depredation by orcas and to improve halibut 
viability if observer sampling cannot keep pace with the deck-sorting 
by crew. During EFP fishing in 2015, some participants noted

[[Page 4021]]

that depredation by orcas on post-release, deck-sorted halibut was at 
times high, especially in the arrowtooth flounder target fishery. The 
option of holding halibut in sea water tanks would allow the vessel to 
wait or change location and release halibut when or where they are less 
likely to be depredated. Another potential benefit of holding deck-
sorted halibut in tanks would be to maintain or improve the halibut's 
viability by placing them in oxygenated water if sampling by the 
observer fell behind the pace of sorting.
    This proposed action would exempt participating catcher/processors 
from selected 50 CFR part 679 prohibitions, and monitoring and observer 
requirements. Should the Regional Administrator issue a permit based on 
this EFP application, the conditions of the permit will be designed to 
minimize halibut mortality and any potential for biasing estimates of 
groundfish and halibut mortality. Vessels participating in EFP fishing 
may be exempt from, at minimum, the following regulations:
    1. the prohibition against interfering with or biasing the sampling 
procedure employed by an observer including physical, mechanical, or 
other sorting or discarding of catch before sampling, at Sec.  
679.7(g)(2);
    2. the requirements to weigh all catch by an Amendment 80 vessel on 
a NMFS-approved scale at Sec.  679.93(c)(1) and by all vessels at Sec.  
679.28(b); and
    3. the requirement to return all prohibited species, or parts 
thereof, to the sea immediately, with a minimum of injury, regardless 
of its condition at Sec.  679.21(b)(2)(ii).
    In 2017, the AKSC would be required to submit to NMFS a report of 
the EFP results after EFP experimental fishing has ended in 2016. The 
report would include a comparison of halibut mortality from halibut 
sampled during the EFP and an estimate of halibut mortality under 
standard IPHC halibut mortality rates for those target fisheries. 
Additionally, the report should compare the estimated amount of halibut 
sampled by observers in the factory with the census of halibut 
collected in the factory by vessel crew to evaluate the precision and 
associated variance of sampled-based extrapolations and to inform a 
decision of the best way to account for factory halibut in a regulated 
program. Finally, the report should evaluate the effectiveness of using 
sea water holding tanks on deck to improve the viability and minimize 
depredation by orcas on deck-sorted halibut.
    Under the EFP, participants would be limited to their groundfish 
allocations under the 2016 harvest specifications. The amount of 
halibut mortality applied to the EFP activities would be subject to 
review and approval by NMFS.
    This EFP would be valid upon issuance in 2016 until either the end 
of 2016 or when the annual halibut mortality apportionment is reached 
in areas of the BSAI open to directed fishing by the various sectors. 
EFP-authorized fishing activities would not be expected to change the 
nature or duration of the groundfish fishery, gear used, or the amount 
or species of fish caught by the participants.
    The fieldwork that would be conducted under this EFP is not 
expected to have a significant impact on the human environment as 
detailed in the categorical exclusion prepared for this action (see 
ADDRESSES).
    In accordance with Sec.  679.6, NMFS has determined that the 
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 February 2016 
meeting, which will be held at the Benson Hotel in Portland, OR. The 
EFP application will also be provided to the Council's Scientific and 
Statistical Committee for review at the February 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 February 
2016 Council meeting during public testimony or until February 9, 2016. 
Information regarding the meeting is available at the Council's Web 
site at https://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: January 20, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-01342 Filed 1-22-16; 8:45 am]
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