Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit, 61603-61605 [2018-26049]
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Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
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[FR Doc. 2018–26170 Filed 11–29–18; 8:45 am]
BILLING CODE 3510–DS–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
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
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SUMMARY:
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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-20180112, 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, lynn.massey@
noaa.gov.
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.
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61603
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° 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 reestablish 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° 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°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°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
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Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
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° N lat. and 40°10′ N lat.;
• The prohibition on fishing with
midwater groundfish trawl gear north of
40°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°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 § 660.11 shoreward of the Trawl RCA
and between 42° N lat. and 40°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°10′ N lat. and within
the boundaries and seaward of the
Trawl RCA south of 40°10′ N lat.
Midwater trawling will still be
prohibited shoreward of the Trawl RCA
south of 40°10′ N lat. Participating
vessels would not be constrained to the
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Jkt 247001
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°
N lat. management line, rather than by
gear type north and south of the 42° 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° N lat. and 100
Chinook salmon south of 42° N lat. for
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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° 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.
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Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Notices
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: https://
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.
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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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG589
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands Management Area;
Cost Recovery Programs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of standard prices and
fee percentages.
AGENCY:
NMFS publishes standard
prices and fee percentages for cost
recovery for the Amendment 80
Program, the American Fisheries Act
(AFA) Program, the Aleutian Islands
Pollock (AIP) Program, and the Western
Alaska Community Development Quota
(CDQ) groundfish and halibut Programs.
The fee percentage for 2018 is 0.75
percent for the Amendment 80 Program,
0.24 percent for the AFA inshore
cooperatives, 0.34 percent for the AFA
mothership cooperative, 3.0 percent for
the AIP program, and 0.66 percent for
the CDQ groundfish and halibut
Programs. This action is intended to
provide the 2018 standard prices and
fee percentages to calculate the required
payment for cost recovery fees due by
December 31, 2018.
DATES: The standard prices and fee
percentages are valid on November 30,
2018.
FOR FURTHER INFORMATION CONTACT: Carl
Greene, Fee Coordinator, 907–586–7105.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Section 304(d) of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) authorizes and requires the
collection of cost recovery fees for
limited access privilege programs and
the CDQ Program. Cost recovery fees
recover the actual costs directly related
to the management, data collection, and
enforcement of the programs. Section
304(d) of the Magnuson-Stevens Act
mandates that cost recovery fees not
exceed three percent of the annual exvessel value of fish harvested by a
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61605
program subject to a cost recovery fee,
and that the fee be collected either at the
time of landing, filing of a landing
report, or sale of such fish during a
fishing season or in the last quarter of
the calendar year in which the fish is
harvested.
NMFS manages the Amendment 80
Program, AFA Program, and AIP
Program as limited access privilege
programs. On January 5, 2016, NMFS
published a final rule to implement cost
recovery for these three limited access
privilege programs and the CDQ
groundfish and halibut programs (81 FR
150). The designated representative (for
the purposes of cost recovery) for each
program is responsible for submitting
the fee payment to NMFS on or before
the due date of December 31 of the year
in which the landings were made. The
total dollar amount of the fee due is
determined by multiplying the NMFS
published fee percentage by the exvessel value of all landings under the
program made during the fishing year.
NMFS publishes this notice of the fee
percentages for the Amendment 80,
AFA, AIP, and CDQ groundfish and
halibut fisheries in the Federal Register
by December 1 each year.
Standard Prices
The fee liability is based on the exvessel value of fish harvested in each
program. For purposes of calculating
cost recovery fees, NMFS calculates a
standard ex-vessel price (standard price)
for each species. A standard price is
determined using information on
landings purchased (volume) and exvessel value paid (value). For most
groundfish species, NMFS annually
summarizes volume and value
information for landings of all fishery
species subject to cost recovery in order
to estimate a standard price for each
species. The standard prices are
described in U.S. dollars per pound for
landings made during the year. The
standard prices for all species in the
Amendment 80, AFA, AIP, and CDQ
groundfish and halibut programs are
listed in Table 1. Each landing made
under each program is multiplied by the
appropriate standard price to arrive at
an ex-vessel value for each landing.
These values are summed together to
arrive at the ex-vessel value of each
program (fishery value).
Fee Percentage
NMFS calculates the fee percentage
each year according to the factors and
methods described in Federal
regulations at 50 CFR 679.33(c)(2),
679.66(c)(2), 679.67(c)(2), and
679.95(c)(2). NMFS determines the fee
percentage that applies to landings
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]]>Agencies
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61603-61605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://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
