Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater Trawl Gear in the Trawl Rationalization Program, 62269-62281 [2018-26194]
Download as PDF
<![CDATA[
khammond on DSK30JT082PROD with RULES
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
16, 2017), and 82 FR 27133 (June 14,
2017), is effective December 3, 2018.
ADDRESSES: The EPA established a
docket for the ‘‘Accidental Release
Prevention Requirements: Risk
Management Programs Under the Clean
Air Act’’ under Docket ID No. EPA–HQ–
OEM–2015–0725, which includes this
announcement. All documents in the
docket are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
James Belke, United States
Environmental Protection Agency,
Office of Land and Emergency
Management, 1200 Pennsylvania Ave.
NW (Mail Code 5104A), Washington,
DC, 20460; telephone number: (202)
564–8023; email address: belke.jim@
epa.gov, or Kathy Franklin, United
States Environmental Protection
Agency, Office of Land and Emergency
Management, 1200 Pennsylvania Ave.
NW (Mail Code 5104A), Washington,
DC 20460; telephone number: (202)
564–7987; email address:
franklin.kathy@epa.gov.
SUPPLEMENTARY INFORMATION: On
January 13, 2017, EPA finalized
amendments to the Accidental Release
Prevention Requirements for Risk
Management Programs under the Clean
Air Act, Section 112(r)(7) (RMP
Amendments rule; 82 FR 4594). On
January 26, 2017, the EPA published an
action in the Federal Register that
initially delayed the effective date of the
RMP Amendments rule for a short
period of time (82 FR 8499). The EPA
further delayed the effective date of the
RMP Amendments rule through
additional EPA actions published in the
Federal Register on March 16, 2017 and
June 14, 2017 (82 FR 13968 and 82 FR
27133, respectively). On August 17,
2018, the U.S. Court of Appeals for the
District of Columbia Circuit issued its
decision vacating the June 14, 2017 rule
(82 FR 27133) that had delayed the
effective date of the RMP Amendments
rule until February 19, 2019. On
September 21, 2018, the Court issued its
mandate which makes the RMP
Amendments rule now effective.
Section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that public
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
notice and comment procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for making this rule
announcing the effectiveness of the
RMP Amendments rule final without
prior proposal and opportunity for
comment because such notice and
opportunity for comment is
unnecessary.
Specifically, updating the Code of
Federal Regulations (CFR) to reflect the
requirements of the RMP Amendments
rule is a ministerial act. The Court
specifically identified as vacated the
June 14, 2017 rule that had delayed the
effectiveness of the RMP Amendments
rule until February 19, 2019. The rule
published today simply implements the
decision of the Court. Since EPA lacks
discretion to do otherwise, it would
serve no useful purpose to provide an
opportunity for public comment on this
issue. The requirements of CAA section
307(d), including the requirement for
public comment and a hearing on
proposed rulemakings, do not apply to
this action because 5 U.S.C. 553(b)(3)(B)
applies.
Moreover, the agency finds that the
considerations outlined above to
support issuance of this rule without
prior notice and comment also provide
good cause for making this action
effective immediately under section
553(d) of the Administrative Procedure
Act (APA), 5 U.S.C. 553(d). Section
553(d) provides in pertinent part that
final rules shall not become effective
until 30 days after publication in the
Federal Register, ‘‘except . . . as
otherwise provided by the agency for
good cause.’’ The purpose of section
553(d) of the APA is to ‘‘give affected
parties a reasonable time to adjust their
behavior before the final rule takes
effect.’’ Omnipoint Corp. v. FCC, 78
F.3d 620, 630 (DC Cir. 1996); see also
United States v. Gavrilovic, 551 F.2d
1099, 1104 (8th Cir. 1977) (quoting
legislative history). In determining
whether good cause exists to waive the
30-day effective date under the APA, an
agency should ‘‘balance the necessity
for immediate implementation against
principles of fundamental fairness
which require that all affected persons
be afforded a reasonable amount of time
to prepare for the effective date of its
ruling.’’ Gavrilovic, 551 F.2d at 1105.
Here, the decision of the Court vacating
the Delay Rule and the issuance of the
mandate have taken the issue of timing
out of EPA’s control. As noted above,
we are simply implementing the Court’s
mandate by undertaking the ministerial
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
62269
act necessary to update the Code of
Federal Regulations. Accordingly, this
rule will take effect upon publication in
the Federal Register. 5 U.S.C. 553(d).
Dated: November 21, 2018.
Andrew R. Wheeler,
Acting Administrator.
Accordingly, the rule amending 40
CFR part 68, published at 82 FR 4594
(January 13, 2017), and delayed at 82 FR
8499 (January 26, 2017), 82 FR 13968
(March 16, 2017), and 82 FR 27133
(June 14, 2017), is effective December 3,
2018.
■
[FR Doc. 2018–26224 Filed 11–30–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2017–0548; FRL–9977–72–
OAR]
RIN 2060–AT94
Additional Air Quality Designations for
the 2015 Ozone National Ambient Air
Quality Standards
Correction
In rule document 2018–11838,
appearing on pages 25776 through
25848, in the issue of Monday, June 4,
2018, make the following corrections:
1. On page 25785, in the table, under
Rest of State, the Designation Date for
Greenlee County should read ‘‘1/16/18’’.
2. On page 25824, in the table, insert
a row below the row for Union County.
On the new row, the Designated Area
should read ‘‘Van Wert County’’, the
Designation Date should read ‘‘1/16/
18’’, and the Designation Type should
read ‘‘Attainment/Unclassifiable’’.
[FR Doc. C1–2018–11838 Filed 11–30–18; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180207141–8999–02]
RIN 0648–BH74
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Groundfish Bottom Trawl and
Midwater Trawl Gear in the Trawl
Rationalization Program
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\03DER1.SGM
03DER1
62270
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
This rule revises Federal
regulations that currently restrict the
use and configuration of bottom and
midwater trawl gear for vessels fishing
under the Pacific Coast Groundfish
Fishery’s Trawl Rationalization
Program. The revisions implemented
through this rule were developed by the
Pacific Fishery Management Council to
address restrictions that are no longer
necessary because of changes to the
fishery including implementation of the
Trawl Rationalization Program in 2011
and improved status of a number of
overfished rockfish stocks. This action
will likely increase flexibility in how
vessels can use and configure gear to
increase access to target stocks and
efficiency of fishing practices, while
still limiting the catch of target and nontarget discards to meet the conservation
objectives of the Trawl Rationalization
Program.
DATES: This final rule is effective
January 1, 2019.
ADDRESSES: Electronic copies of
supporting documents referenced in this
final rule, including the environmental
assessment (EA) and regulatory impact
review (RIR)/regulatory flexibility
analysis (RFA), are available from
www.regulations.gov or from the NMFS
West Coast Region Groundfish Fisheries
website at https://
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, Fishery Management
Specialist, 206–526–4491, or
karen.palmigiano@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
khammond on DSK30JT082PROD with RULES
I. Background
II. Regulations for Net Configurations
III. Requirement To Use Selective Flatfish
Trawl Shoreward of the RCA and North
of 40°10′ North Latitude
IV. Regulations for Vessel Operations
V. Comments and Responses
VI. Changes From the Proposed Rule
VII. Classification
I. Background
Prior to 2011 the Pacific Coast
Groundfish fishery was primarily
managed with trip and landing limits
and area closures, and monitoring was
limited (i.e., less than 25 percent of
groundfish bottom and midwater trawl
trip landings were subject to at-sea
observer coverage). During that time
NMFS implemented trawl gear
restrictions to both reduce groundfish
and non-groundfish bycatch and
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
discards, as well as limit access to
overfished rockfish habitat. Restrictions
included: (1) Minimum mesh size
requirements; (2) requirements for
chafing gear and codends; (3) the trawl
Rockfish Conservation Areas (RCA) in
which the use of groundfish bottom
trawl gear between certain fathom lines
is prohibited, as defined in regulation at
§§ 660.71 through 660.74; and, (4) a
requirement that vessels use selective
flatfish trawl, a type of small footrope
trawl gear, shoreward of the trawl RCA
and north of 40°10′ North (N) latitude.
In 2011, NMFS implemented
Amendments 20 and 21 to the Pacific
Coast Groundfish Fishery Management
Plan (PCGFMP), which established the
Trawl Rationalization Program. The
Trawl Rationalization Program, a type of
catch share program, replaced trip and
landing limits with fixed allocations for
limited entry trawl participants through
an individual fishing quota (IFQ)
management system. To allow managers
to accurately account for catch against
IFQ the program increased at-sea and
shoreside monitoring to 100 percent of
trips and landings for groundfish bottom
and midwater trawl vessels. This
management system increased
individual vessel accountability and
successfully reduced bycatch of target
and non-target rockfish in the trawl
fishery. Since implementation of the
Trawl Rationalization Program, five of
the seven previously overfished rockfish
species are now rebuilt.
Building on the successes of the
Trawl Rationalization Program at
reducing discards, NMFS and the
Pacific Fishery Management Council
(Council) worked with industry
members to identify regulations that
limit the use and configuration of
groundfish bottom and midwater trawl
gears, and may no longer be necessary
because the Trawl Rationalization
Program effectively limits target and
non-target species bycatch. Additional
discussion of the background and
rationale for the Council’s development
of changes to bottom and midwater
trawl gear configuration is included in
the proposed rule (83 FR 45396;
September 7, 2018) and is not repeated
here. Detailed information, including
the supporting documentation the
Council considered while developing
these recommendations, is available at
the Council’s website,
www.pcouncil.org.
The discussion in this final rule and
in the EA/RIR/RFA (see ADDRESSES)
groups several related measures to
reduce redundancy and to present the
collective impacts of similar regulations.
This final rule:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
• Adjusts a suite of restrictions
related to how nets are configured,
including eliminating minimum mesh
size restrictions, changing the definition
of mesh size, removing chafing gear
placement restrictions, and removing
restrictions on using double-walled
codends from groundfish bottom and
midwater trawl vessels fishing under
the Trawl Rationalization Program;
• Removes the requirement to use
selective flatfish trawl gear north of
40°10′ N lat. and shoreward of the trawl
RCA;
• Adjusts a number of provisions
related to vessel operations on a single
fishing trip, including allowing vessels
that fish in the Shorebased IFQ Program
under the Trawl Rationalization
Program to carry and fish groundfish
bottom and midwater trawl gears on the
same trip, fish across IFQ management
lines, and bring a new haul on deck
before the catch from a previous haul is
stowed.
II. Regulations for Net Configurations
This section discusses several
regulatory changes that remove some
minimum mesh size restrictions, revise
the definition of mesh size, remove
chafing gear placement restrictions, and
remove the prohibition on using doublewalled codends for groundfish bottom
and midwater trawl vessels fishing
under the Trawl Rationalization
Program. These measures all relate to
net configuration and all affect the mesh
size for trawl nets. A description of the
existing regulations for net
configurations, as well as a summary of
the potential impacts of these combined
measures, is included in the proposed
rule and is not repeated here.
This final rule removes the minimum
mesh size requirement of 4.5 inches
(11.4 cm) for groundfish bottom trawl
nets and revises the minimum mesh size
requirements for midwater trawl gear.
Midwater trawl gear nets are no longer
required to have a minimum mesh size
of 3.0 inches (7.6 cm). However, the
Council did not recommend revising the
restriction on the minimum mesh size
restriction for the first 20 feet (6.51 m)
behind the footrope or head-rope for
midwater trawl gears because it is
essential to the definition of midwater
trawl gear. As such, nets must still be
configured so that the first 20 feet (6.51
m) immediately behind the footrope or
head-rope is constructed with bare
ropes or mesh with a minimum size of
16 inches (40.64 cm).
This final rule redefines minimum
mesh size as the smallest distance
allowed from opposing knots or corners.
In addition, this final rule revises the
definition for measuring minimum
E:\FR\FM\03DER1.SGM
03DER1
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
khammond on DSK30JT082PROD with RULES
mesh size to include knotless nets, as
well as redefining the approach for
measuring mesh size as the opening
between opposing corners. These
changes will allow NMFS Office of Law
Enforcement (OLE) to enforce current
mesh size requirements for vessels using
midwater trawl nets, which must meet
minimum mesh size requirements for
the first 20 feet (6.51 m) behind the
footrope or head-rope.
Finally, this final rule eliminates the
prohibition on double-walled codends
and restrictions on the use of chafing
gear. Removing these restrictions will
allow vessel operators flexibility in how
they use chafing gear to protect nets and
codends, fish relative to the seafloor,
and strategically use mesh sizes to
enhance fishing operations (i.e., herding
smaller fish through the net). NMFS
anticipates that under these regulations
vessel operators will use chafing gear
strategically to provide protection in
areas where the net can be susceptible
to wear. This will allow vessels to
extend the life of their nets and
ultimately reduce operational costs.
Eliminating restrictions on groundfish
bottom and midwater trawl net
configuration allows vessels to
experiment with different mesh sizes,
chafing gear placement, and use of
double-walled codends. The new
regulations will allow vessels to reduce
the mesh size of their nets and increase
net protections to better target semipelagic rockfish species or longspine
thornyheads.
III. Requirement To Use Selective
Flatfish Trawl Shoreward of the RCA
and North of 40≥10′ North Latitude
This final rule adjusts groundfish
vessel requirements for using selective
flatfish trawl gear. A description of the
existing regulations for selective flatfish
trawl, as well as a summary of the
potential impacts of this measure, is
included in the proposed rule and is not
repeated here.
This final rule revises the definition
of selective flatfish trawl, a type of small
footrope trawl gear, to allow for a twoor four-seamed net with no more than
four riblines, while retaining all other
existing restrictions related to
configuration of this gear including: The
breastline may not be longer than 3 feet
(0.92 m); there may be no floats along
the center third of the headrope or
attached to the top panel, except on the
riblines; the footrope must be less than
105 feet (32.26 m); the headrope must be
no less than 30 percent longer than the
footrope; and the headrope is issued
along the length of the headrope from
the outside edge to the opposite outside
edge.
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
Revising the definition of selective
flatfish trawl to allow for use of a fourseam net will provide for better flow
and improved selectivity compared to a
two-seam net. A four-seam net has more
open meshes for smaller fish to escape.
In addition, studies have demonstrated
that improved flow within nets
improves fishing efficiency, which may
increase catch of marketable target
groundfish (e.g., widow rockfish,
yellowtail rockfish, and Pacific cod),
and reduce bycatch of small or
unmarketable groundfish (e.g.,
undersized redstripe rockfish, rosethorn
rockfish, sand dabs).
The final rule also eliminates the
requirement that vessels use selective
flatfish trawl gear shoreward of the
trawl RCA north of 42° N lat. Instead,
trawl vessels are allowed to use any
type of small footrope trawl gear,
including selective flatfish trawl gear,
shoreward of the trawl RCA north of 42°
N lat. Large footrope trawl gear will still
be prohibited shoreward of the trawl
RCA. This final rule does not make any
changes to the requirement to use
selective flatfish trawl gear between
40°10′ N lat. and 42° N lat. Vessels that
choose to fish groundfish bottom trawl
gear in this area are required to use
selective flatfish trawl gear. Fishing
with small footrope trawl gear, other
than selective flatfish trawl gear, is
prohibited between 40°10′ N lat. and 42°
N lat.
As described in the proposed rule for
this action, the Council recommended
that NMFS remove the requirement to
use selective flatfish trawl gear north of
40°10′ N lat. and replace it with a
requirement to use small footrope trawl
gear. However, NMFS determined that
the Council’s recommended changes to
the selective flatfish trawl gear
requirement shoreward of the trawl RCA
between 42° N lat. and 40°10′ N lat. are
out of compliance with the terms and
conditions of the December 2017
Salmon Incidental Take Statement.
Term and Condition 4b requires that
‘‘prior to allowing additional nonwhiting trawling south 42° N lat., NMFS
will implement one or more exempted
fishing permits (EFPs) designed to
collect information about Chinook and
coho bycatch levels and stock
composition from fishing in those areas
or at those times for a minimum of three
years.’’ Because the area shoreward of
the trawl RCA between 42° N lat. and
40°10′ N lat. was not part of the
exemption to the selective flatfish trawl
gear requirement in the 2017 and 2018
EFPs, which was the Council’s
recommendation, NMFS cannot make
changes to restrictions in this area that
could result in additional non-whiting
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
62271
trawling effort. NMFS notified the
Council of this preliminary
determination at its September 2018
meeting in Seattle, Washington.
NMFS does support the continued use
of EFPs to obtain data on potential
impacts of changing the selective
flatfish trawl gear requirement between
42° N lat. and 40°10′ N lat. This
information would help inform any
future regulatory changes the Council
recommends for this area and gear type.
IV. Regulations for Vessel Operations
This section discusses the three
regulatory changes that relate to vessel
operations on a single fishing trip
including allowing vessels that fish in
the Shorebased IFQ Program under the
Trawl Rationalization Program to carry
and fish groundfish bottom and
midwater trawl gears on the same trip,
fish across IFQ management lines, and
bring a new haul on deck before the
catch from a previous haul is stowed. A
description of the existing regulations
for vessel operators, as well as a
summary of the potential impacts of
these combined measures, is included
in the proposed rule and is not repeated
here.
The groundfish regulations define
four trawl gear types (large footrope
trawl, small footrope trawl, selective
flatfish trawl, and midwater trawl), as
well as where and when vessels may
carry those trawl gear types. Under the
revised regulations in this final rule,
vessels fishing north of 40°10′ N lat.
may not have both groundfish trawl gear
and non-groundfish trawl gear on board
simultaneously, but vessels fishing in
the Shorebased IFQ Program will be
allowed to carry multiple trawl gear
types (groundfish bottom or midwater
trawl gear) on board simultaneously. A
vessel may have more than one type of
small footrope bottom trawl gear on
board (selective flatfish trawl or small
footrope trawl gear) either
simultaneously or successively during a
trip limit period, with one exception.
Only a selective flatfish trawl is allowed
onboard when fishing shoreward of the
trawl RCA between 42° N lat. and 40°10′
N lat. Finally, a vessel may have more
than one type of midwater groundfish
trawl gear on board, either
simultaneously or successively, during a
cumulative trip limit period. South of
40°10′ N lat., a vessel may not have both
groundfish trawl gear and nongroundfish trawl gear on board
simultaneously; however, they may
have both bottom trawl gear and
midwater trawl gear on board
simultaneously or any type of small
footrope trawl gear, including selective
E:\FR\FM\03DER1.SGM
03DER1
khammond on DSK30JT082PROD with RULES
62272
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
flatfish trawl gear, simultaneously or
successively.
This final rule eliminates the
prohibition on using multiple types of
groundfish trawl gears (bottom and
midwater trawl gear) on the same trip
for vessels fishing in the Trawl
Rationalization Program’s IFQ Program.
Allowing the use of multiple trawl gears
during a single trip reduces the
complexity in the regulations and will
improve economic efficiency and safety
at sea by reducing the number of trips
and days at sea.
Vessels fishing with multiple types of
groundfish trawl gear are required to
keep and land all catch separately by
gear type, and catch must be reported on
electronic fish tickets by gear type (i.e.,
midwater or bottom trawl). Vessels are
not required to keep catch separate by
haul. This rule does not adjust the
current provision that requires vessels
to stow any gear not authorized for use
in the area when transiting through a
groundfish conservation area. For
species managed with trip limits,
crossover provisions, or gear-specific
trip limits, all current regulations would
remain in effect.
This final rule also modifies
recordkeeping and reporting
requirements for vessels fishing in the
Shorebased IFQ Program that choose to
use more than one type of groundfish
trawl gear on the same trip. These
vessels are required to make a new gear
declaration to indicate that they have
chosen to fish with a new gear type (i.e.,
groundfish bottom trawl vs. midwater
trawl). Previously, the regulations only
allowed vessels to declare one type of
trawl gear at a time when fishing in the
Trawl Rationalization Program, and
vessel operators were required to make
the declaration for each trip prior to
leaving port. The final rule revises the
regulations so that vessel operators in
the Shorebased IFQ Program that choose
to use multiple groundfish trawl gears
on the same trip may adjust their gear
declarations from sea and do not need
to return to port to do so. Vessel
operators are required to make a new
declaration any time they switch to a
gear other than the gear that was
previously declared. This allows for the
continued monitoring and enforcement
of gear-specific closed areas. Allowing
vessels the flexibility to use and carry
multiple trawl gears onboard the vessel
will reduce costs to operators by
reducing daily fuel and observer
coverage costs.
This final rule eliminates both the
existing prohibition on bringing a haul
on board before the previous haul has
been stowed and the requirement to
stow all catch before catch from a new
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
haul is brought on board. Vessels may
now bring a new haul on board before
the previous haul has been stowed and
will not be required to stow all catch
before the catch from a new haul is
brought on board. Vessels are still
required to keep catch from separate
hauls until the observer has completed
all haul-specific sampling protocols and
has allowed the hauls to be mixed.
Vessels will also still be required to
allow observers and catch monitors to
carry out all required duties without
interference to ensure continued
accurate monitoring and reporting of
catch. This ensures availability of
quality data for catch at-sea and
landings which are used to manage the
fishery in season and to assess the
stocks and develop catch limits and
harvest guidelines. Vessels fishing with
electronic monitoring are required to
keep catch from different hauls separate
on deck until fully documented
according to protocols established in the
specific vessel’s monitoring plan. All
vessels are required to land any catch by
gear type if it was caught using different
gears separated by gear type.
This final rule also eliminates the
prohibition on fishing in multiple IFQ
management areas on the same trip or
tow, for vessels fishing in the
Shorebased IFQ Program. These vessels
are allowed to fish in multiple IFQ
management areas on the same trip and
the same haul, and catch does not need
to be sorted by area. Vessel operators
will be responsible for recording the
number of hauls that took place in
which IFQ management area. Catch will
then be assigned to an area and quota
pounds will be deducted from vessel
accounts based on the proportion of
hauls in a given management area. For
example, if six hauls were taken in one
IFQ management area, and two hauls
were taken in another management area,
the total catch would be apportioned to
management areas by a 6 to 2 ratio. For
any hauls that took place across
management lines, catch would be
apportioned 50 percent to each area.
Therefore, if six hauls were taken in one
management area, two hauls taken in
another management area, and one haul
taken across management areas, the total
catch would be apportioned to
management areas by a 6.5 to 2.5 ratio.
Vessel operators are expected to use
the flexibility to create an efficient
fishing strategy that best limits bycatch
of non-target and protected species
while still maximizing catch of their
target species. Vessels would maximize
attainment of IFQ by carrying and
fishing with both midwater and
groundfish bottom trawl gear on the
same trip. Eliminating regulations that
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
manage vessel operations may have
some potential negative impacts to
processors, observers, and managers, but
these are likely to be limited and may
even decrease over time as operations
adjust to the changes.
V. Comments and Responses
NMFS received seven comment letters
from private citizens during the
comment period for the proposed rule.
All of the comments raised similar
issues regarding the potential for these
gear changes to negatively impact
previously overfished rockfish stocks
and their habitat, and the potential for
the changes to increase salmon bycatch.
Only comments relevant to measures
considered in the proposed rule are
summarized and addressed below.
Comments related to other fishery
actions, general fishery management, or
unrelated to fisheries are not addressed
here. All public comment letters can be
viewed, along with the proposed and
final rules for this action, at
www.regulations.gov.
Comment 1: Please withhold changes
to gear restrictions until salmon stocks
have had a chance to rebuild. These gear
changes will likely increase bycatch of
Chinook salmon.
Response: While NMFS shares the
commenter’s concerns over any action
that could increase bycatch of Chinook
salmon, the analysis for this action does
not support the conclusion that
removing these restrictions and
requirements would result in additional
bycatch beyond what already occurs in
this fishery. Over the past two years
NMFS has permitted more than 40
vessels annually to test whether
removing these requirements or
prohibitions would result in additional
bycatch of Chinook and coho salmon.
These vessels have completed more
than 200 EFP trips. Based on the
analysis of this EFP information,
changes that have occurred within the
fishery over the past several years, and
the analysis in the December 2017
biological opinion, NMFS has
determined that changes to mesh size,
removing restrictions on codends and
chafing gear, and removing restrictions
on vessel operations is unlikely to result
in additional impacts to Chinook
salmon. With regards to removal of the
selective flatfish trawl gear requirement,
impacts to Chinook salmon are unlikely
to increase from this action in the area
north of 42° N lat. (the southern
boundary of the 2017 and 2018 Trawl
Gear EFPs). However, impacts to
Chinook salmon resulting this action are
less certain in the area between 42° N
lat. and 40°10′ N lat.
E:\FR\FM\03DER1.SGM
03DER1
khammond on DSK30JT082PROD with RULES
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
NMFS discussed uncertainty around
potential impacts to Chinook salmon in
the area between 42° N lat. and 40°10′
N lat. in the proposed rule, particularly
when considering the removal of the
requirement to use selective flatfish
trawl gear, because this area was not
included in the 2017 or 2018 EFPs.
Therefore, as mentioned above in
Section III, NMFS is only removing the
prohibition on using any small footrope
trawl gear besides selective flatfish trawl
gear for the area north of 42° N lat. No
changes to regulations requiring the use
of selective flatfish trawl gear will be
implemented for the area between 42° N
lat. and 40°10′ N lat., where impacts to
salmon are less certain.
Additionally, unlike in previous
years, NMFS is proposing through the
proposed rule for the 2019–2020 harvest
specifications and management
measures (83 FR 47416, September 19,
2018), to establish hard caps for
Chinook salmon established in the 2017
Salmon Biological Opinion. If
implemented, NMFS will have a
mechanism available in regulation that
may be used to close the non-whiting
and/or whiting fisheries if the bycatch
of Chinook salmon exceeds or is
projected to exceed the thresholds for
those fisheries. Finally, NMFS
continues to work with the Council to
develop any management measures
needed to address any unexpected high
bycatch of Chinook or coho salmon in
the groundfish fisheries.
Comment 2: The proposed regulations
do not acknowledge the potential for
rockfish habitats to be destroyed with
little chance of rehabilitation.
Response: In developing the EA for
this action NMFS considered potential
impacts to the physical environment,
which includes important habitats for
rockfish species, and determined that
impacts to the physical environment
from this action are likely to be
negligible to low for the several reasons.
First, the regulatory revisions do not
change any areas that are currently
closed to fishing, such as essential fish
habitat conservation areas (EFHCAs)
designed to protect sensitive habitat
from bottom contact gear. NMFS expects
there may be increased effort shoreward
of the trawl RCA and north of 42° N
latitude by vessels fishing without
selective flatfish trawl gear. However,
NMFS expects this effort would likely
only occur with groundfish bottom
trawl over soft-bottom habitat or with
pelagic trawls fished off the ocean floor
and in the water column away from any
high relief structures that could damage
fishing nets. Finally, the regulatory
revisions do not change small footrope
requirements for groundfish bottom
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
trawl shoreward of the RCA. This small
footrope requirement provides a strong
disincentive for harvesters to fish with
bottom trawl over high-relief habitat.
Therefore, based on this analysis, NMFS
determined that the revised regulations
will not result in additional impacts to
the physical environments.
Comment 3: Eliminating the mesh and
net size requirements would potentially
increase the incentive for vessels to use
larger equipment, which could increase
the likelihood for overfishing. Rockfish
are especially vulnerable to overfishing.
Response: Eliminating regulations
that restrict the configuration and use of
the nets would not affect the size of the
gear used. Requirements affecting rope
size will still be in place. Additionally,
trawl nets are often limited by the size
of the vessel and the ability of the vessel
to pull the net. None of the revisions
implemented through this final rule will
change any of the vessel size restrictions
for limited entry permits in the
groundfish fishery.
In regard to overfishing, NMFS agrees
that rockfish can be susceptible to
overfishing because many species do
not begin to reproduce until they are 5–
20 years old, and very few of their
young survive to adulthood. In addition,
many species can live more than 100
years (e.g, yelloweye rockfish).
However, NMFS and the Council are
obligated under National Standard 1 to
ensure that conservation and
management measures, including those
implemented through this final rule,
prevent overfishing while also
providing an opportunity for industry to
harvest catch. NMFS and the Council
have worked diligently over the past 15
years to conservatively manage species
in order to rebuild seven previously
overfished rockfish stocks. There are
only two stocks (i.e., yelloweye rockfish
and cowcod) that remain in rebuilding
plans, and both are projected to rebuild
ahead of schedule. The Trawl
Rationalization Program has proven to
be an effective management system for
groundfish fisheries because it increases
individual vessel accountability and
ensures full catch accounting for all
stocks. NMFS and the Council will
continue to use the management tools
available through that program to
protect rockfish stocks from overfishing
while also providing economic
opportunities for West Coast
communities.
Comment 4: Eliminating the mesh
size requirements will result in
increased unwanted bycatch, discards,
and the increased mortality of small or
young fish. Allowing this will reverse
the Trawl Rationalization Program’s
longstanding success.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
62273
Response: The Trawl Rationalization
Program has been successful in
addressing the NMFS and Council’s
responsibilities under the MagnusonStevens Fishery Conservation Act
(MSA) and the National Standards, in
particular National Standard 1 guideline
responsibilities for preventing
overfishing, and National Standard 8
responsibilities to reduce bycatch to the
extent practicable. Consistent with
requirements under MSA, NMFS will
continue to support development of
actions that continue this success. As
discussed in additional detail in the
proposed rule, the continued success of
the program relies on the use of an
individual quota management system,
which provides a disincentive for
vessels to target small fish or reduce the
mesh size of the net so as to catch more
small fish. These undersized fish are not
marketable and harvesters would have
to use their quota pounds to cover the
catch. One hundred percent at-sea
monitoring, either with human
observers or electronic monitoring, is
required by all groundfish trawl vessels
and ensures against vessels discarding
unwanted or unmarketable catch
without first recording the information.
Additionally, reducing mesh size
increases drag on the net which can
reduce the efficiency of the fishing
practices and also serves as a
disincentive.
The purpose of eliminating the mesh
size restrictions is not to incentivize the
catch of small fish. It is intended to
allow vessel operators the ability to
address concerns about gilled fish (fish
stuck in the net) and to use different
mesh sizes to attach excluders and
chafing gear, or heard smaller fish
through the net and out the codend.
This will ultimately have a limited
positive impact for vessel operators.
NMFS and the Council will make every
effort to continue the successful
management of the Trawl
Rationalization Program.
Comment 5: Allowing vessels to use
multiple types of groundfish trawl gear
on the same trip will threaten the
quality of stock assessments.
Response: There is a potential to
impact stock assessments by allowing
vessels to use multiple types of
groundfish trawl gear to be fished on the
same trip, and allowing vessels to fish
in multiple IFQ management areas on
the same trip and haul. However, NMFS
is implementing mitigation measures,
such as sorting and haul tabulation
requirements, to ensure that the impacts
to stock assessments will be low. The
Council and its advisory bodies,
including the Groundfish Management
Team, the Groundfish Advisory
E:\FR\FM\03DER1.SGM
03DER1
khammond on DSK30JT082PROD with RULES
62274
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Subpanel, and the Scientific and
Statistical Committee (SSC), had
extensive discussion on the potential
issues that could arise from revising
these regulations. The SSC spoke
specifically to the risk that co-mingling
of total catch could result in greater
uncertainty in data used in stock
assessments because gear-specific and
area-specific catch, as well as effort per
trip would be unknown, and speciesspecific selectivity varies among gear
types. However, the SSC reported that
the sorting requirements (catch must be
separate by gear type) and the haul
tabulation requirements (number of
hauls by area must be recorded) could
alleviate the potential impacts on data
for stock assessments. Additionally,
recording the number of hauls should
allow for an accurate assessment of
catch location.
Comment 6: The proposed rule
appears to state that the purpose of
removing the prohibition on the use of
chafing gear is to extend the life of nets
and ultimately reduce operational costs.
This purpose is distinct from the
purpose stated in the summary of the
proposed rule, namely increasing
flexibility while still limiting the catch
of target and non-target species.
Response: The intent of the entire
package of proposed measures is to
increase flexibility while still limiting
the catch of target and non-target
species. As stated in the proposed rule,
removing the restrictions on chafing
gear will increase flexibility in how
vessel operators attach their chafing gear
to both protect the net and increase
fishing efficiency. When implemented
in the mid-1990s, the original
restrictions on chafing gear were
introduced to ensure that chafing gear
was not used to effectively reduce the
mesh size of the net. When discussing
the elimination of the restrictions on net
configurations, the Council considered
the flexibility vessel operators would
have through elimination of the
minimum mesh size requirements, and
how that flexibility would be limited if
restrictions on codends and chafing gear
were not also revised. In developing
these measures on net configuration,
vessel operators sought the flexibility to
configure their nets strategically with
different mesh sizes and chafing gear
panels to optimize fishing operations by
reducing operational costs (i.e.,
reduction in net replacement costs) and
increasing fishing efficiency (i.e.,
herding of smaller fish). As described in
the proposed rule and elsewhere in this
preamble, the provisions of the Trawl
Rationalization Program will continue
to limit catch of target and non-target
species.
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
Comment 7: A full environmental
impact statement (EIS) is necessary to
consider alternative approaches and
designs that could serve the needs of
NMFS while protecting marine life.
Response: NMFS originally published
a notice of intent (NOI) to prepare an
EIS in the Federal Register on March 3,
2016 (81 FR 11189), in accordance with
the National Environmental Policy Act
(NEPA) to analyze the impacts on the
human environment resulting from
changes to gear requirements for
groundfish bottom trawl and midwater
trawl gear in the Trawl Rationalization
Program. NMFS accepted public
comments on the NOI from March 3,
2016, to April 4, 2016.
Upon completion of the analysis for
the action, NMFS determined that the
impacts associated with implementing
the action would not be significant and,
therefore, there would be no need to
complete an EIS. Instead, NMFS
completed an EA for the proposed
action, in compliance with NEPA.
NMFS withdrew the NOI to prepare an
EIS on June 8, 2018 (83 FR 22640).
VI. Changes From the Proposed Rule
The proposed rule for this action
contained all the measures that the
Pacific Fishery Management Council
recommended, including a measure that
would eliminate the requirement to use
selective flatfish trawl gear north of
40°10′ N lat. and shoreward of the trawl
RCA, and replace it with a small
footrope trawl gear requirement. The
proposed rule also highlighted NMFS’
concerns that the removal of the
requirement to use selective flatfish
trawl gear shoreward of the trawl RCA
between 40°10′ N lat. and 42° N lat. may
be inconsistent with the terms and
conditions of the 2017 Salmon
Biological Opinion.
After consideration of public
comment we preliminarily determined
that, in order to maintain consistency
with the 2017 Salmon Biological
Opinion, it was only appropriate to
remove the selective flatfish trawl
requirement north of 42° N lat. This
final rule would implement a revised
version of the regulation put forward in
the proposed rule, and would maintain
the selective flatfish trawl requirement
between 40°10′ N lat. and 42° N lat.
Vessels fishing in the area between
40°10′ N lat. and 42° N lat. would be
required to use selective flatfish trawl
gear in a two- or four-seam net. North
of 42° N lat., vessels would be allowed
to fish with any type of small footrope
trawl gear, including selective flatfish
trawl gear.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
VII. Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this action is consistent with the
Pacific Coast Groundfish FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
The Office of Management and Budget
has determined that this final rule is not
significant for purposes of Executive
Order 12866.
This final rule does not contain
policies with Federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This action contains a change to an
information collection requirement,
which has been approved by the Office
of Management and Budget (OMB)
under OMB Control Number 0648–0573:
Expanded Vessel Monitoring System
Requirement for the Pacific Groundfish
Fishery. The regulatory change, which
was described in section IV of this final
rule, would allow vessel operators who
fish in the Shorebased IFQ Program to
make a new declaration from sea when
a new gear fished on a trip. This
revision removes the requirement that
vessels return to port to make a new
declaration. The numbers of declaration
reports the vessel operator is required to
submit to NMFS would not change
under this request. Therefore, no small
entity would be subject to additional
reporting requirements.
Pursuant to Executive Order 13175,
this final rule was developed after
meaningful collaboration with tribal
officials from the area covered by the
FMP. Consistent with the MagnusonStevens Act at 16 U.S.C. 1852(b)(5), one
of the voting members of the Council is
a representative of an Indian tribe with
federally recognized fishing rights from
the area of the Council’s jurisdiction.
NMFS finds good cause to waive the
30-day delay in effectiveness pursuant
to 5 U.S.C. 553(d)(3), so that this final
rule may become effective January 1,
2019. Each of these revisions to
groundfish regulations in this rule
E:\FR\FM\03DER1.SGM
03DER1
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
would remove restrictions that are no
longer necessary due to implementation
of the Trawl Rationalization Program,
create more efficient and safe harvesting
practices, and allow vessel operators to
better attain species that are currently
under attained without causing any
additional impacts on the fishery.
NMFS was unable to finalize these
regulations sooner because of the need
to include data in the analysis for this
action from the 2018 trawl gear
exempted fishing permit which was not
available until May 2018.
Delaying the implementation of these
revisions would reduce the benefits that
they would provide to the industry and
could cause confusion for vessel
operators. For example, trawl vessels
average between 10 and 20 days spent
annually traveling back and forth to port
to change gear types. Reducing
restrictions on how they operate their
vessels, including carrying multiple
types of trawl gear onboard, vessel
operators may be able to substantially
reduce or eliminate the number of days
spent traveling back and forth to port to
change gears, resulting in financial
savings and increased safety. Delays in
implementing these revisions would
reduce those financial savings and
require vessels to continue more
dangerous fishing practices. The
revisions to regulations described in the
preamble of this document affect
commercial fisheries in Washington,
Oregon and California. These revisions
have been requested by members of
industry, and were recommended to
NMFS by the Council. No aspect of this
action is controversial.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: November 28, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
khammond on DSK30JT082PROD with RULES
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.11, amend the definition of
‘‘Fishing gear’’ by revising paragraphs
(7) and (11)(iii)(B) to read as follows:
■
§ 660.11
*
*
General definitions.
*
VerDate Sep<11>2014
*
*
16:14 Nov 30, 2018
Jkt 247001
Fishing gear * * *
*
*
*
*
(7) Mesh size means the opening
between opposing knots, or opposing
corners for knotless webbing. Minimum
mesh size means the smallest distance
allowed between the inside of one knot
or corner to the inside of the opposing
knot or corner, regardless of twine size.
*
*
*
*
*
(11) * * *
(iii) * * *
(B) Chafing gear means webbing or
other material that is attached to the
trawl net to protect the net from wear
and abrasions either when fishing or
hauling on deck.
*
*
*
*
*
■ 3. In § 660.13, revise paragraph (d) to
read as follows:
*
§ 660.13
Recordkeeping and reporting.
*
*
*
*
*
(d) Declaration reporting
requirements—When the operator of a
vessel registers a VMS unit with NMFS
OLE, the vessel operator must provide
NMFS with a declaration report as
specified at paragraph (d)(4)(iv) of this
section. The operator of any vessel that
has already registered a VMS unit with
NMFS OLE but has not yet made a
declaration, as specified at paragraph
(d)(4)(iv) of this section, must provide
NMFS with a declaration report upon
request from NMFS OLE.
(1) Declaration reports for vessels
registered to limited entry permits. The
operator of any vessel registered to a
limited entry permit must provide
NMFS OLE with a declaration report, as
specified at paragraph (d)(4)(iv) of this
section, before the vessel leaves port on
a trip in which the vessel is used to fish
in U.S. ocean waters between 0 and 200
nm offshore of Washington, Oregon, or
California.
(i) Limited entry trawl vessels fishing
in the Shorebased IFQ Program must
provide NMFS OLE with a new
declaration report each time a different
groundfish trawl gear (bottom or
midwater only) is fished. The
declaration may be made from sea and
must be made to NMFS before a
different type (bottom or midwater only)
of groundfish trawl gear is fished.
(ii) [Reserved]
(2) Declaration reports for all vessels
using non-groundfish trawl gear. The
operator of any vessel that is not
registered to a limited entry permit and
which uses non-groundfish trawl gear to
fish in the EEZ (3–200 nm offshore),
must provide NMFS OLE with a
declaration report, as specified at
paragraph (d)(4)(iv) of this section,
before the vessel leaves port to fish in
the EEZ.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
62275
(3) Declaration reports for open access
vessels using non trawl gear (all types of
open access gear other than nongroundfish trawl gear). The operator of
any vessel that is not registered to a
limited entry permit, must provide
NMFS with a declaration report, as
specified at paragraph (d)(4)(iv) of this
section, before the vessel leaves port on
a trip in which the vessel is used to take
and retain or possess groundfish in the
EEZ or land groundfish taken in the
EEZ.
(4) Declaration reports. (i) The
operator of a vessel specified in
paragraphs (d)(1), (d)(2), and (d)(3) of
this section must provide a declaration
report to NMFS OLE prior to leaving
port on the first trip in which the vessel
meets the requirement specified at
§ 660.14(b) to have a VMS.
(ii) A declaration report will be valid
until another declaration report revising
the existing gear or fishery declaration
is received by NMFS OLE. The vessel
operator must send a new declaration
report when:
(A) A gear type that is different from
the gear type most recently declared for
the vessel will be used, or
(B) A vessel will fish in a fishery other
than the fishery most recently declared.
(iii) During the period of time that a
vessel has a valid declaration report on
file with NMFS OLE, it cannot fish with
a gear other than a gear type declared by
the vessel or fish in a fishery other than
the fishery most recently declared.
(iv) Declaration reports will include:
The vessel name and/or identification
number, the gear type, and the fishery
(as defined in paragraph (d)(4)(iv)(A) of
this section).
(A) One of the following gear types or
sectors must be declared:
(1) Limited entry fixed gear, not
including Shorebased IFQ Program,
(2) Limited entry groundfish nontrawl, Shorebased IFQ Program,
(3) Limited entry midwater trawl,
non-whiting Shorebased IFQ Program,
(4) Limited entry midwater trawl,
Pacific whiting Shorebased IFQ
Program,
(5) Limited entry midwater trawl,
Pacific whiting catcher/processor sector,
(6) Limited entry midwater trawl,
Pacific whiting mothership sector
(catcher vessel or mothership),
(7) Limited entry bottom trawl,
Shorebased IFQ Program, not including
demersal trawl,
(8) Limited entry demersal trawl,
Shorebased IFQ Program,
(B) [Reserved]
(v) Upon receipt of a declaration
report, NMFS will provide a
confirmation code or receipt to confirm
that a valid declaration report was
E:\FR\FM\03DER1.SGM
03DER1
62276
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
received for the vessel. Vessel owners or
operators are responsible for retaining
the confirmation code or receipt to
verify that a valid declaration report was
filed.
■ 4. In § 660.25, revise paragraph
(b)(4)(vii)(C) to read as follows:
§ 660.25
Permits.
*
*
*
*
*
(b) * * *
(4) * * *
(vii) * * *
(C) Limited entry MS permits and
limited entry permits with an MS/CV or
a C/P endorsement. Limited entry MS
permits and limited entry permits with
an MS/CV or a C/P endorsement may be
registered to another vessel up to two
times during the calendar year as long
as the second change in vessel
registration is back to the original
vessel. The original vessel is either the
vessel registered to the permit as of
January 1, or if no vessel is registered to
the permit as of January 1, the original
vessel is the first vessel to which the
permit is registered after January 1.
After the original vessel has been
established, the first change in vessel
registration would be to another vessel,
but any second change in vessel
registration must be back to the original
vessel. For an MS/CV-endorsed permit
on the second change in vessel
registration back to the original vessel,
that vessel must be used to fish
exclusively in the MS Coop Program
described § 660.150 for the remainder of
the calendar year, and declare in to the
limited entry mid water trawl, Pacific
whiting mothership sector as specified
at § 660.13(d)(4)(iv).
*
*
*
*
*
■ 5. In § 660.60, revise paragraphs (h)(7)
introductory text, (h)(7)(i) introductory
text, (h)(7)(ii)(A), (h)(7)(ii)(B)(1)
introductory text, and (h)(7)(ii)(B)(2) to
read as follows:
§ 660.60 Specifications and management
measures.
khammond on DSK30JT082PROD with RULES
*
*
*
*
*
(h) * * *
(7) Crossover provisions. Crossover
provisions apply to three activities:
Fishing on different sides of a
management line, fishing in both the
limited entry and open access fisheries,
or fishing in both the Shorebased IFQ
Program and the limited entry fixed gear
fishery. Fishery-specific crossover
provisions can be found in subparts D
through F of this part.
(i) Fishing in management areas with
different trip limits. Trip limits for a
species or a species group may differ in
different management areas along the
coast. The following crossover
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
provisions apply to vessels fishing in
different geographical areas that have
different cumulative or ‘‘per trip’’ trip
limits for the same species or species
group, with the following exceptions.
Such crossover provisions do not apply
to: IFQ species (defined at § 660.140(c),
subpart D) for vessels that are declared
into the Shorebased IFQ Program (see
§ 660.13(d)(4)(iv)(A), for valid
Shorebased IFQ Program declarations);
species that are subject only to daily trip
limits; or to trip limits for black rockfish
off Washington, as described at
§§ 660.230(e) and 660.330(e).
*
*
*
*
*
(ii) * * *
(A) Fishing in limited entry and open
access fisheries with different trip limits.
Open access trip limits apply to any
fishing conducted with open access
gear, even if the vessel has a valid
limited entry permit with an
endorsement for another type of gear.
Except such provisions do not apply to
IFQ species (defined at § 660.140(c),
subpart D) for vessels that are declared
into the Shorebased IFQ Program (see
§ 660.13(d)(4)(iv)(A) for valid
Shorebased IFQ Program declarations).
A vessel that fishes in both the open
access and limited entry fisheries is not
entitled to two separate trip limits for
the same species. If a vessel has a
limited entry permit registered to it at
any time during the trip limit period
and uses open access gear, but the open
access limit is smaller than the limited
entry limit, the open access limit may
not be exceeded and counts toward the
limited entry limit. If a vessel has a
limited entry permit registered to it at
any time during the trip limit period
and uses open access gear, but the open
access limit is larger than the limited
entry limit, the smaller limited entry
limit applies, even if taken entirely with
open access gear.
(B) * * *
(1) Vessel registered to a limited entry
trawl permit. To fish with open access
gear, defined at § 660.11, a vessel
registered to a limited entry trawl
permit must make the appropriate
fishery declaration, as specified at
§ 660.13(d)(4)(iv)(A). In addition, a
vessel registered to a limited entry trawl
permit must remove the permit from
their vessel, as specified at
§ 660.25(b)(4)(vi), unless the vessel will
be fishing in the open access fishery
under one of the following declarations
specified at § 660.13(d):
*
*
*
*
*
(2) Vessel registered to a limited entry
fixed gear permit(s). To fish with open
access gear, defined at § 660.11, subpart
C, a vessel registered to a limit entry
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
fixed gear permit must make the
appropriate open access declaration, as
specified at § 660.13(d)(4)(iv)(A).
Vessels registered to a sablefishendorsed permit(s) fishing in the
sablefish primary season (described at
§ 660.231, subpart E) may only fish with
the gear(s) endorsed on their sablefishendorsed permit(s) against those limits.
*
*
*
*
*
■ 6. In § 660.112, revise paragraphs
(b)(1)(vii), (b)(1)(xi), (b)(1)(xii)(A), (c)(4),
and (e)(4) to read as follows:
§ 660.112
Trawl fishery—prohibitions.
*
*
*
*
*
(b) * * *
(1) * * *
(vii) For vessels fishing with multiple
trawl gear types on a single trip, fail to
keep catch from different trawl gears
separate and land the catch separately
by gear type.
*
*
*
*
*
(xi) Mix catch from different hauls
before all sampling and monitoring
requirements for the hauls have been
met.
(xii) * * *
(A) A vessel that is 75-ft (23-m) or less
LOA that harvests Pacific whiting and,
in addition to heading and gutting, cuts
the tail off and freezes the whiting, is
not considered to be a C/P vessel nor is
it considered to be processing fish, and
*
*
*
*
*
(c) * * *
(4) Catch, take, or harvest fish in the
MS Coop Program with a vessel that
does not have a valid VMS declaration
for limited entry midwater trawl, Pacific
whiting mothership sector, as specified
at § 660.13(d)(4)(iv)(A), subpart C.
*
*
*
*
*
(e) * * *
(4) Fish in the C/P Coop Program with
a vessel that does not have a valid VMS
declaration for limited entry midwater
trawl, Pacific whiting catcher/processor
sector, as specified at
§ 660.13(d)(4)(iv)(A).
*
*
*
*
*
■ 7. In § 660.113, revise paragraph (b)(3)
to read as follows:
§ 660.113 Trawl fishery-recordkeeping and
reporting.
*
*
*
*
*
(b) * * *
(3) Gear switching declaration. Any
person with a limited entry trawl permit
participating in the Shorebased IFQ
Program using groundfish non-trawl
gear (i.e., gear switching) must submit a
valid gear declaration reporting such
participation as specified in
§ 660.13(d)(4)(iv)(A).
*
*
*
*
*
E:\FR\FM\03DER1.SGM
03DER1
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
8. In § 660.130:
a. Remove paragraphs (b)(1), (b)(2),
and (b)(3)(iii);
■ b. Redesignate paragraphs (b)(3) and
(b)(4) as (b)(1) and (b)(2), respectively;
■ c. Revise the newly redesignated
paragraphs (b)(1)(ii)(A) and (b)(2);
■ d. Revise paragraphs (c)(1), (c)(2),
(c)(3)(ii), (c)(4)(i)(A), (c)(4)(i)(B),
(c)(4)(i)(D) and (E), (c)(4)(ii)(A) and (B),
(d)(2)(ii), (e) introductory text, (e)(4)(ii),
and (e)(4)(iv).
The revisions read as follows:
■
■
§ 660.130 Trawl fishery—management
measures.
khammond on DSK30JT082PROD with RULES
*
*
*
*
*
(b) * * *
(1) * * *
(ii) * * *
(A) Selective flatfish trawl gear.
Selective flatfish trawl gear is a type of
small footrope trawl gear. The selective
flatfish trawl net must be either a twoseamed or four-seamed net with no
more than four riblines, excluding the
codend. The breastline may not be
longer than 3 ft (0.92 m) in length. There
may be no floats along the center third
of the headrope or attached to the top
panel except on the riblines. The
footrope must be less than 105 ft (32.26
m) in length. The headrope must be not
less than 30 percent longer than the
footrope. The headrope shall be
measured along the length of the
headrope from the outside edge to the
opposite outside edge. An explanatory
diagram of a selective flatfish trawl net
is provided as Figure 1 of part 660,
subpart D.
*
*
*
*
*
(2) Midwater (pelagic or off-bottom)
trawl gear. Midwater trawl gear must
have unprotected footropes at the trawl
mouth, and must not have rollers,
bobbins, tires, wheels, rubber discs, or
any similar device anywhere on any
part of the net. The footrope of
midwater gear may not be enlarged by
encircling it with chains or by any other
means. Ropes or lines running parallel
to the footrope of midwater trawl gear
must be bare and may not be suspended
with chains or any other materials.
Sweep lines, including the bottom leg of
the bridle, must be bare. For at least 20
ft (6.15 m) immediately behind the
footrope or headrope, bare ropes or
mesh of 16-inch (40.6-cm) minimum
mesh size must completely encircle the
net.
(c) * * *
(1) Fishing with large footrope trawl
gear. It is unlawful for any vessel using
large footrope gear to fish for groundfish
shoreward of the RCAs defined at
paragraph (e)(4) of this section and at
§§ 660.70 through 660.74, subpart C.
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
The use of large footrope gear is allowed
seaward of the RCAs coastwide.
(2) Fishing with small footrope trawl
gear. The use of small footrope bottom
trawl gear is allowed in all areas where
bottom trawling is allowed with the
following requirements:
(i) Fishing with selective flatfish trawl
gear. The use of selective flatfish trawl
gear, a type of small footrope trawl gear,
is allowed in all areas where bottom
trawling is allowed and is required
shoreward of the trawl RCA between 42°
North latitude and 40°10′ North
latitude.
(ii) The use of small footrope trawl,
other than selective flatfish trawl gear,
is prohibited between 42° North latitude
and 40°10′ North latitude.
(iii) The use small footrope trawl,
other than of selective flatfish trawl
gear, is required inside the Klamath
River Salmon Conservation Zone
(defined at § 660.131(c)(1)) and the
Columbia River Salmon Conservation
Zone (defined at § 660.131(c)(2)).
(3) * * *
(ii) South of 40°10′ N lat., midwater
groundfish trawl gear is prohibited
within and shoreward of the RCA
boundaries (see § 660.130(e)(4)(i)) and
allowed seaward of the RCA boundaries.
(4) * * *
(i) * * *
(A) A vessel may not have both
groundfish trawl gear and nongroundfish trawl gear onboard
simultaneously. A vessel may not have
both selective flatfish trawl gear and any
other type of small footrope trawl gear
onboard simultaneously.
(B) If a vessel fishes exclusively with
large or small footrope trawl gear during
an entire cumulative limit period, the
vessel is subject to the cumulative limits
for that gear.
*
*
*
*
*
(D) If more than one type of
groundfish bottom trawl gear (selective
flatfish, large footrope, or small
footrope) is on board, either
simultaneously or successively, at any
time during a cumulative limit period,
then the most restrictive cumulative
limit associated with the groundfish
bottom trawl gear on board during that
cumulative limit period applies for the
entire cumulative limit period.
(E) If a vessel fishes both north and
south of 40°10′ N lat. with any type of
small or large footrope gear onboard the
vessel at any time during the cumulative
limit period, the most restrictive trip
limit associated with the gear on board
applies for that trip and will count
toward the cumulative limit for that gear
(See crossover provisions at
§ 660.60(h)(7)).
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
62277
(ii) * * *
(A) A vessel may not have both
groundfish trawl gear and nongroundfish trawl gear onboard
simultaneously.
(B) If a vessel fishes both north and
south of 40°10′ N lat. with any type of
small or large footrope gear onboard the
vessel at any time during the cumulative
limit period, the most restrictive
cumulative limit associated with the
gear on board would apply for that trip
and all catch would be counted toward
that cumulative limit (See crossover
provisions at § 660.60(h)(7)).
(d) * * *
(2) * * *
(ii) Catcher vessels. All catch must be
sorted by the gear types declared in
accordance with § 660.13(d), and to the
species groups specified in paragraph
(d)(1) of this section for vessels with
limited entry permits, except those
vessels retaining all catch during a
Shorebased IFQ trip (i.e., maximized
retention trips). The catch must not be
discarded from the vessel and the vessel
must not mix catch from hauls until the
observer has sampled the catch. Catch
separated by trawl gear type must be
landed separately by trawl gear type.
Prohibited species must be sorted
according to the following species
groups: Dungeness crab, Pacific halibut,
Chinook salmon, other salmon. Nongroundfish species must be sorted as
required by the state of landing.
*
*
*
*
*
(e) Groundfish conservation areas
(GCAs) applicable to trawl vessels. A
GCA, a type of closed area, is a
geographic area defined by coordinates
expressed in degrees of latitude and
longitude. The latitude and longitude
coordinates of the GCA boundaries are
specified at §§ 660.70 through 660.74. If
a vessel is fishing within a GCA listed
in this paragraph (e) using trawl gear
authorized for use within a GCA, all
prohibited gear: must be stowed below
deck; or, if the gear cannot readily be
moved, must be stowed in a secured and
covered manner detached from all
towing lines so that it is rendered
unusable for fishing; or, if remaining on
deck uncovered, must be stowed
disconnected from the trawl doors with
the trawl doors hung from their
stanchions. The following GCAs apply
to vessels participating in the limited
entry trawl fishery. Additional closed
areas that specifically apply to vessels
using midwater groundfish trawl gear
are described at § 660.131(c).
*
*
*
*
*
(4) * * *
(ii) Trawl vessels may transit through
an applicable GCA, with or without
E:\FR\FM\03DER1.SGM
03DER1
62278
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
khammond on DSK30JT082PROD with RULES
groundfish on board, provided all
prohibited groundfish trawl gear: is
stowed below deck; or, if the gear
cannot readily be moved, is stowed in
a secured and covered manner detached
from all towing lines so that it is
rendered unusable for fishing; or, if
remaining on deck uncovered, is stowed
disconnected from the trawl doors with
the trawl doors hung from their
stanchions. These restrictions do not
apply to vessels allowed to fish within
the trawl RCA under paragraph (e)(4)(i)
of this section.
*
*
*
*
*
(iv) If a vessel fishes in the trawl RCA
using midwater trawl gear, it may also
fish outside the trawl RCA with
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
groundfish bottom trawl gear on the
same trip. Nothing in these Federal
regulations supersedes any state
regulations that may prohibit trawling
shoreward of the fishery management
area (3–200 nm).
*
*
*
*
*
9. In § 660.140, remove paragraphs
(c)(1) and (h)(2)(viii)(I), and redesignate
paragraph (c)(2) as (c)(1), revise newly
redesignated paragraph (c)(1), and
reserve paragraph (c)(2) to read as
follows:
■
(1) IFQ management areas. IFQ
management areas are as follows:
(i) Between the U.S./Canada border
and 40°10′ N lat.,
(ii) Between 40°10′ N lat. and 36° N
lat.,
(iii) Between 36° N lat. and 34°27′ N
lat., and
(iv) Between 34°27′ N lat. and the
U.S./Mexico border.
(2) [Reserved]
*
*
*
*
*
10. Table 1 (North) and Table 1
(South) to part 660, subpart D are
revised to read as follows:
■
§ 660.140
*
*
Shorebased IFQ Program.
*
*
*
(c) * * *
PO 00000
Frm 00038
BILLING CODE 3510–22–P
Fmt 4700
Sfmt 4700
E:\FR\FM\03DER1.SGM
03DER1
62279
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Table 1 (North) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-IFQ
S ecies and Pacific Whit ina North of 40°1 o· N. Lat.
his table describes Rockfish Conservation Areas for vessels using groundfish trawl gear. This table describes incidental landing allowances
or vessels registered to a Federal limited entry trawl permit and using groundfish trawl or groundfish non-trawl gears to harvest individual
1shing quota (IFQ) species.
Other Limits and Requirements Apply-- Read§ 660.10- § 660.399 before using this table
JAN-FEB
I
I
MAR-APR
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
I
I
NOV-DEC
01012019
Rockfish Conservation Area (RCA) 11 :
1
North of 45°46' N. lat.
100 fm line11 - 150 fm line11
2
45"46' N. lat.- 40°10' N. lat.
100 fm line11 - modified 21 200 fm line11
See provisions at § 660.130 for gear restrictions and requirements by area. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl
gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl fishery landing allowances in this table, regardless
of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish non-trawl gears, under gear switching provisions at§
660.140, are subject to the limited entry fixed gear non-trawl RCA, as described in Tables 2 (North) and 2 (South) to Part 660, Subpart E.
-1
)>
See§ 660.60, § 660.130, and§ 660.140 for Additional Gear, Trip Limit, and Conservation Area Requirements and Restrictions. See§§ 660.70
660.74 and §§ 660.76-660.79 for Conservation Area Descriptions and Coordinates (including RCAs, YRCA, CCAs, Farallon Islands, Cordell
Banks, and EFHCAs).
State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California.
Minor Nearshore Rockfish, Washington
3 Black rockfish & Oregon
Black/blue/deacon rockfish
midwater trawl
rm
...I.
-z
300 lb/ month
4 Whiting 31
5
m
Before the primary whiting season: CLOSED. -- During the primary season: mid-water trawl
permitted in the RCA See §660.131 for season and trip limit details. - After the primary whiting
season: CLOSED.
0
..,
......
-
::::r
-
~
"•"•m•"-'~'
Before the primary whiting season: 20,000 lb/trip. --During the primary season: 10,000 lb/trip. -After the primary whiting season: 10,000 lb/trip.
Oregon Cabezon/Kelp Greenling complex
50 lb/ month
Cabezon in California
50 lb/ month
Unlimited
Shortbelly rockfish
60,000 lb/ month
Spiny dogfish
5,000 lb/2
months
11 Big skate
I
25,000 lb/2
months
I
30.000 lb/2
months
35.000 lb/2
months
I
10,000 lb/2
months
I
5,000 lb/2
months
Unlimited
Long nose skate
Other Fish
I
Unlimited
41
1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude
~inates set out ~This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas
2/ The "modified" fathom lines are modified to exclude certain petrale sole areas from the RCA
3/ As specified at §660.131 (d), when fishing in the Eureka Area, no more than 10,000 lb of whiting may be taken and retained, possessed, or landed
by a vessel that, at any time during the fishing trip, fished in the fishery management area shoreward of 100 fm contour.
4/ "Other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
PO 00000
Frm 00039
Fmt 4700
Sfmt 4725
E:\FR\FM\03DER1.SGM
03DER1
ER03DE18.002</GPH>
khammond on DSK30JT082PROD with RULES
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
62280
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Table 1 (South) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-IFQ
Species and Pacific Whiting South of 40"10' N. Lat.
01012019
JAN-FEB
100 fm line11 - 150 fm line 1121
See provisions at § 660.130 for gear restrictions and requirements by area. Vessels fishing groundfish trawl quota pounds with
groundfish non-trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl fishery landing
allowances in this table, regardless of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish nontrawl gears, under gear switching provisions at§ 660.140, are subject to the lirrited entry fixed gear non-trawl RCA, as described in Tables
2 (North) and 2 (South) to Part 660, Subpart E.
See§ 660.60, § 660.130, and§ 660.140 for Additional Gear, Trip Lirrit, and Conservation Area Requirements and Restrictions. See§§ 660.70
660.74 and §§ 660.76-660.79 for Conservation Area Descriptions and Coordinates (including RCAs, YRCA, CCAs, Farallon Islands, Cordell
Banks, and EFHCAs).
-1
State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California.
)>
m
2 Longspine thornyhead
rm
24,000 lb/2 months
South of 34 "27' N. lat.
Minor Nearshore Rockfish, California
Black rockfish, & Oregon
Black/Blue/Deacon rockfish
300 lb/ month
-en
During the Primary whiting season: allowed seaward of the trawl RCA
Prohibited within and shoreward of the trawl RCA
m idwater trawl
0
s:::::
large & small footrope gear
Before the primary whiting season: 20,000 lb/trip. --During the primary season: 10,000 lb/trip. -After the primary whiting season: 10,000 lb/trip.
50 lb/ month
......
-
::::r
Unlimited
60,000 lb/ month
5,000 lb/2
months
25,000 lb/2
months
30,000 lb/2
months
35,000 lb/2
months
10,000 lb/2
months
5,000 lb/2
months
Unlimited
Unlimited
California scorpionfish
Unlimited
21 South of 34"27' N. lat., the RCA is 100 fm line- 150 fm line along the mainland coast; shoreline- 150 fm line around islands.
3/ "Other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
khammond on DSK30JT082PROD with RULES
§ 660.333 Open access non-groundfish
trawl fishery—management measures
*
*
*
*
*
(b) * * *
(1) It is declared ‘‘non-groundfish
trawl gear for ridgeback prawn’’ under
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
§ 660.13(d)(4)(iv)(A)(10), regardless of
whether it is registered to a Federal
limited entry trawl-endorsed permit;
and
*
*
*
*
*
(c) * * *
(1) It is declared ‘‘non-groundfish
trawl gear for California halibut’’ under
§ 660.13(d)(4)(iv)(A)(11), regardless of
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
whether it is registered to a Federal
limited entry trawl-endorsed permit;
*
*
*
*
*
(d) * * *
E:\FR\FM\03DER1.SGM
03DER1
ER03DE18.003</GPH>
11. In § 660.333, revise paragraphs
(b)(1), and (d)(1) to read as follows:
■
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
(1) It is declared ‘‘non-groundfish
trawl gear for sea cucumber’’ under
§ 660.13(d)(4)(iv)(A)(12), regardless of
62281
whether it is registered to a Federal
limited entry trawl-endorsed permit;
*
*
*
*
*
[FR Doc. 2018–26194 Filed 11–30–18; 8:45 am]
khammond on DSK30JT082PROD with RULES
BILLING CODE 3510–22–C
VerDate Sep<11>2014
16:14 Nov 30, 2018
Jkt 247001
PO 00000
Frm 00041
Fmt 4700
Sfmt 9990
E:\FR\FM\03DER1.SGM
03DER1
]]>Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62269-62281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26194]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180207141-8999-02]
RIN 0648-BH74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater
Trawl Gear in the Trawl Rationalization Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 62270]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises Federal regulations that currently restrict
the use and configuration of bottom and midwater trawl gear for vessels
fishing under the Pacific Coast Groundfish Fishery's Trawl
Rationalization Program. The revisions implemented through this rule
were developed by the Pacific Fishery Management Council to address
restrictions that are no longer necessary because of changes to the
fishery including implementation of the Trawl Rationalization Program
in 2011 and improved status of a number of overfished rockfish stocks.
This action will likely increase flexibility in how vessels can use and
configure gear to increase access to target stocks and efficiency of
fishing practices, while still limiting the catch of target and non-
target discards to meet the conservation objectives of the Trawl
Rationalization Program.
DATES: This final rule is effective January 1, 2019.
ADDRESSES: Electronic copies of supporting documents referenced in this
final rule, including the environmental assessment (EA) and regulatory
impact review (RIR)/regulatory flexibility analysis (RFA), are
available from www.regulations.gov or from the NMFS West Coast Region
Groundfish Fisheries website at https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, Fishery Management
Specialist, 206-526-4491, or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Regulations for Net Configurations
III. Requirement To Use Selective Flatfish Trawl Shoreward of the
RCA and North of 40[deg]10' North Latitude
IV. Regulations for Vessel Operations
V. Comments and Responses
VI. Changes From the Proposed Rule
VII. Classification
I. Background
Prior to 2011 the Pacific Coast Groundfish fishery was primarily
managed with trip and landing limits and area closures, and monitoring
was limited (i.e., less than 25 percent of groundfish bottom and
midwater trawl trip landings were subject to at-sea observer coverage).
During that time NMFS implemented trawl gear restrictions to both
reduce groundfish and non-groundfish bycatch and discards, as well as
limit access to overfished rockfish habitat. Restrictions included: (1)
Minimum mesh size requirements; (2) requirements for chafing gear and
codends; (3) the trawl Rockfish Conservation Areas (RCA) in which the
use of groundfish bottom trawl gear between certain fathom lines is
prohibited, as defined in regulation at Sec. Sec. 660.71 through
660.74; and, (4) a requirement that vessels use selective flatfish
trawl, a type of small footrope trawl gear, shoreward of the trawl RCA
and north of 40[deg]10' North (N) latitude.
In 2011, NMFS implemented Amendments 20 and 21 to the Pacific Coast
Groundfish Fishery Management Plan (PCGFMP), which established the
Trawl Rationalization Program. The Trawl Rationalization Program, a
type of catch share program, replaced trip and landing limits with
fixed allocations for limited entry trawl participants through an
individual fishing quota (IFQ) management system. To allow managers to
accurately account for catch against IFQ the program increased at-sea
and shoreside monitoring to 100 percent of trips and landings for
groundfish bottom and midwater trawl vessels. This management system
increased individual vessel accountability and successfully reduced
bycatch of target and non-target rockfish in the trawl fishery. Since
implementation of the Trawl Rationalization Program, five of the seven
previously overfished rockfish species are now rebuilt.
Building on the successes of the Trawl Rationalization Program at
reducing discards, NMFS and the Pacific Fishery Management Council
(Council) worked with industry members to identify regulations that
limit the use and configuration of groundfish bottom and midwater trawl
gears, and may no longer be necessary because the Trawl Rationalization
Program effectively limits target and non-target species bycatch.
Additional discussion of the background and rationale for the Council's
development of changes to bottom and midwater trawl gear configuration
is included in the proposed rule (83 FR 45396; September 7, 2018) and
is not repeated here. Detailed information, including the supporting
documentation the Council considered while developing these
recommendations, is available at the Council's website,
www.pcouncil.org.
The discussion in this final rule and in the EA/RIR/RFA (see
ADDRESSES) groups several related measures to reduce redundancy and to
present the collective impacts of similar regulations. This final rule:
Adjusts a suite of restrictions related to how nets are
configured, including eliminating minimum mesh size restrictions,
changing the definition of mesh size, removing chafing gear placement
restrictions, and removing restrictions on using double-walled codends
from groundfish bottom and midwater trawl vessels fishing under the
Trawl Rationalization Program;
Removes the requirement to use selective flatfish trawl
gear north of 40[deg]10' N lat. and shoreward of the trawl RCA;
Adjusts a number of provisions related to vessel
operations on a single fishing trip, including allowing vessels that
fish in the Shorebased IFQ Program under the Trawl Rationalization
Program to carry and fish groundfish bottom and midwater trawl gears on
the same trip, fish across IFQ management lines, and bring a new haul
on deck before the catch from a previous haul is stowed.
II. Regulations for Net Configurations
This section discusses several regulatory changes that remove some
minimum mesh size restrictions, revise the definition of mesh size,
remove chafing gear placement restrictions, and remove the prohibition
on using double-walled codends for groundfish bottom and midwater trawl
vessels fishing under the Trawl Rationalization Program. These measures
all relate to net configuration and all affect the mesh size for trawl
nets. A description of the existing regulations for net configurations,
as well as a summary of the potential impacts of these combined
measures, is included in the proposed rule and is not repeated here.
This final rule removes the minimum mesh size requirement of 4.5
inches (11.4 cm) for groundfish bottom trawl nets and revises the
minimum mesh size requirements for midwater trawl gear. Midwater trawl
gear nets are no longer required to have a minimum mesh size of 3.0
inches (7.6 cm). However, the Council did not recommend revising the
restriction on the minimum mesh size restriction for the first 20 feet
(6.51 m) behind the footrope or head-rope for midwater trawl gears
because it is essential to the definition of midwater trawl gear. As
such, nets must still be configured so that the first 20 feet (6.51 m)
immediately behind the footrope or head-rope is constructed with bare
ropes or mesh with a minimum size of 16 inches (40.64 cm).
This final rule redefines minimum mesh size as the smallest
distance allowed from opposing knots or corners. In addition, this
final rule revises the definition for measuring minimum
[[Page 62271]]
mesh size to include knotless nets, as well as redefining the approach
for measuring mesh size as the opening between opposing corners. These
changes will allow NMFS Office of Law Enforcement (OLE) to enforce
current mesh size requirements for vessels using midwater trawl nets,
which must meet minimum mesh size requirements for the first 20 feet
(6.51 m) behind the footrope or head-rope.
Finally, this final rule eliminates the prohibition on double-
walled codends and restrictions on the use of chafing gear. Removing
these restrictions will allow vessel operators flexibility in how they
use chafing gear to protect nets and codends, fish relative to the
seafloor, and strategically use mesh sizes to enhance fishing
operations (i.e., herding smaller fish through the net). NMFS
anticipates that under these regulations vessel operators will use
chafing gear strategically to provide protection in areas where the net
can be susceptible to wear. This will allow vessels to extend the life
of their nets and ultimately reduce operational costs.
Eliminating restrictions on groundfish bottom and midwater trawl
net configuration allows vessels to experiment with different mesh
sizes, chafing gear placement, and use of double-walled codends. The
new regulations will allow vessels to reduce the mesh size of their
nets and increase net protections to better target semi-pelagic
rockfish species or longspine thornyheads.
III. Requirement To Use Selective Flatfish Trawl Shoreward of the RCA
and North of 40[deg]10' North Latitude
This final rule adjusts groundfish vessel requirements for using
selective flatfish trawl gear. A description of the existing
regulations for selective flatfish trawl, as well as a summary of the
potential impacts of this measure, is included in the proposed rule and
is not repeated here.
This final rule revises the definition of selective flatfish trawl,
a type of small footrope trawl gear, to allow for a two- or four-seamed
net with no more than four riblines, while retaining all other existing
restrictions related to configuration of this gear including: The
breastline may not be longer than 3 feet (0.92 m); there may be no
floats along the center third of the headrope or attached to the top
panel, except on the riblines; the footrope must be less than 105 feet
(32.26 m); the headrope must be no less than 30 percent longer than the
footrope; and the headrope is issued along the length of the headrope
from the outside edge to the opposite outside edge.
Revising the definition of selective flatfish trawl to allow for
use of a four-seam net will provide for better flow and improved
selectivity compared to a two-seam net. A four-seam net has more open
meshes for smaller fish to escape. In addition, studies have
demonstrated that improved flow within nets improves fishing
efficiency, which may increase catch of marketable target groundfish
(e.g., widow rockfish, yellowtail rockfish, and Pacific cod), and
reduce bycatch of small or unmarketable groundfish (e.g., undersized
redstripe rockfish, rosethorn rockfish, sand dabs).
The final rule also eliminates the requirement that vessels use
selective flatfish trawl gear shoreward of the trawl RCA north of
42[deg] N lat. Instead, trawl vessels are allowed to use any type of
small footrope trawl gear, including selective flatfish trawl gear,
shoreward of the trawl RCA north of 42[deg] N lat. Large footrope trawl
gear will still be prohibited shoreward of the trawl RCA. This final
rule does not make any changes to the requirement to use selective
flatfish trawl gear between 40[deg]10' N lat. and 42[deg] N lat.
Vessels that choose to fish groundfish bottom trawl gear in this area
are required to use selective flatfish trawl gear. Fishing with small
footrope trawl gear, other than selective flatfish trawl gear, is
prohibited between 40[deg]10' N lat. and 42[deg] N lat.
As described in the proposed rule for this action, the Council
recommended that NMFS remove the requirement to use selective flatfish
trawl gear north of 40[deg]10' N lat. and replace it with a requirement
to use small footrope trawl gear. However, NMFS determined that the
Council's recommended changes to the selective flatfish trawl gear
requirement shoreward of the trawl RCA between 42[deg] N lat. and
40[deg]10' N lat. are out of compliance with the terms and conditions
of the December 2017 Salmon Incidental Take Statement. Term and
Condition 4b requires that ``prior to allowing additional non-whiting
trawling south 42[deg] N lat., NMFS will implement one or more exempted
fishing permits (EFPs) designed to collect information about Chinook
and coho bycatch levels and stock composition from fishing in those
areas or at those times for a minimum of three years.'' Because the
area shoreward of the trawl RCA between 42[deg] N lat. and 40[deg]10' N
lat. was not part of the exemption to the selective flatfish trawl gear
requirement in the 2017 and 2018 EFPs, which was the Council's
recommendation, NMFS cannot make changes to restrictions in this area
that could result in additional non-whiting trawling effort. NMFS
notified the Council of this preliminary determination at its September
2018 meeting in Seattle, Washington.
NMFS does support the continued use of EFPs to obtain data on
potential impacts of changing the selective flatfish trawl gear
requirement between 42[deg] N lat. and 40[deg]10' N lat. This
information would help inform any future regulatory changes the Council
recommends for this area and gear type.
IV. Regulations for Vessel Operations
This section discusses the three regulatory changes that relate to
vessel operations on a single fishing trip including allowing vessels
that fish in the Shorebased IFQ Program under the Trawl Rationalization
Program to carry and fish groundfish bottom and midwater trawl gears on
the same trip, fish across IFQ management lines, and bring a new haul
on deck before the catch from a previous haul is stowed. A description
of the existing regulations for vessel operators, as well as a summary
of the potential impacts of these combined measures, is included in the
proposed rule and is not repeated here.
The groundfish regulations define four trawl gear types (large
footrope trawl, small footrope trawl, selective flatfish trawl, and
midwater trawl), as well as where and when vessels may carry those
trawl gear types. Under the revised regulations in this final rule,
vessels fishing north of 40[deg]10' N lat. may not have both groundfish
trawl gear and non-groundfish trawl gear on board simultaneously, but
vessels fishing in the Shorebased IFQ Program will be allowed to carry
multiple trawl gear types (groundfish bottom or midwater trawl gear) on
board simultaneously. A vessel may have more than one type of small
footrope bottom trawl gear on board (selective flatfish trawl or small
footrope trawl gear) either simultaneously or successively during a
trip limit period, with one exception. Only a selective flatfish trawl
is allowed onboard when fishing shoreward of the trawl RCA between
42[deg] N lat. and 40[deg]10' N lat. Finally, a vessel may have more
than one type of midwater groundfish trawl gear on board, either
simultaneously or successively, during a cumulative trip limit period.
South of 40[deg]10' N lat., a vessel may not have both groundfish trawl
gear and non-groundfish trawl gear on board simultaneously; however,
they may have both bottom trawl gear and midwater trawl gear on board
simultaneously or any type of small footrope trawl gear, including
selective
[[Page 62272]]
flatfish trawl gear, simultaneously or successively.
This final rule eliminates the prohibition on using multiple types
of groundfish trawl gears (bottom and midwater trawl gear) on the same
trip for vessels fishing in the Trawl Rationalization Program's IFQ
Program. Allowing the use of multiple trawl gears during a single trip
reduces the complexity in the regulations and will improve economic
efficiency and safety at sea by reducing the number of trips and days
at sea.
Vessels fishing with multiple types of groundfish trawl gear are
required to keep and land all catch separately by gear type, and catch
must be reported on electronic fish tickets by gear type (i.e.,
midwater or bottom trawl). Vessels are not required to keep catch
separate by haul. This rule does not adjust the current provision that
requires vessels to stow any gear not authorized for use in the area
when transiting through a groundfish conservation area. For species
managed with trip limits, crossover provisions, or gear-specific trip
limits, all current regulations would remain in effect.
This final rule also modifies recordkeeping and reporting
requirements for vessels fishing in the Shorebased IFQ Program that
choose to use more than one type of groundfish trawl gear on the same
trip. These vessels are required to make a new gear declaration to
indicate that they have chosen to fish with a new gear type (i.e.,
groundfish bottom trawl vs. midwater trawl). Previously, the
regulations only allowed vessels to declare one type of trawl gear at a
time when fishing in the Trawl Rationalization Program, and vessel
operators were required to make the declaration for each trip prior to
leaving port. The final rule revises the regulations so that vessel
operators in the Shorebased IFQ Program that choose to use multiple
groundfish trawl gears on the same trip may adjust their gear
declarations from sea and do not need to return to port to do so.
Vessel operators are required to make a new declaration any time they
switch to a gear other than the gear that was previously declared. This
allows for the continued monitoring and enforcement of gear-specific
closed areas. Allowing vessels the flexibility to use and carry
multiple trawl gears onboard the vessel will reduce costs to operators
by reducing daily fuel and observer coverage costs.
This final rule eliminates both the existing prohibition on
bringing a haul on board before the previous haul has been stowed and
the requirement to stow all catch before catch from a new haul is
brought on board. Vessels may now bring a new haul on board before the
previous haul has been stowed and will not be required to stow all
catch before the catch from a new haul is brought on board. Vessels are
still required to keep catch from separate hauls until the observer has
completed all haul-specific sampling protocols and has allowed the
hauls to be mixed. Vessels will also still be required to allow
observers and catch monitors to carry out all required duties without
interference to ensure continued accurate monitoring and reporting of
catch. This ensures availability of quality data for catch at-sea and
landings which are used to manage the fishery in season and to assess
the stocks and develop catch limits and harvest guidelines. Vessels
fishing with electronic monitoring are required to keep catch from
different hauls separate on deck until fully documented according to
protocols established in the specific vessel's monitoring plan. All
vessels are required to land any catch by gear type if it was caught
using different gears separated by gear type.
This final rule also eliminates the prohibition on fishing in
multiple IFQ management areas on the same trip or tow, for vessels
fishing in the Shorebased IFQ Program. These vessels are allowed to
fish in multiple IFQ management areas on the same trip and the same
haul, and catch does not need to be sorted by area. Vessel operators
will be responsible for recording the number of hauls that took place
in which IFQ management area. Catch will then be assigned to an area
and quota pounds will be deducted from vessel accounts based on the
proportion of hauls in a given management area. For example, if six
hauls were taken in one IFQ management area, and two hauls were taken
in another management area, the total catch would be apportioned to
management areas by a 6 to 2 ratio. For any hauls that took place
across management lines, catch would be apportioned 50 percent to each
area. Therefore, if six hauls were taken in one management area, two
hauls taken in another management area, and one haul taken across
management areas, the total catch would be apportioned to management
areas by a 6.5 to 2.5 ratio.
Vessel operators are expected to use the flexibility to create an
efficient fishing strategy that best limits bycatch of non-target and
protected species while still maximizing catch of their target species.
Vessels would maximize attainment of IFQ by carrying and fishing with
both midwater and groundfish bottom trawl gear on the same trip.
Eliminating regulations that manage vessel operations may have some
potential negative impacts to processors, observers, and managers, but
these are likely to be limited and may even decrease over time as
operations adjust to the changes.
V. Comments and Responses
NMFS received seven comment letters from private citizens during
the comment period for the proposed rule. All of the comments raised
similar issues regarding the potential for these gear changes to
negatively impact previously overfished rockfish stocks and their
habitat, and the potential for the changes to increase salmon bycatch.
Only comments relevant to measures considered in the proposed rule are
summarized and addressed below. Comments related to other fishery
actions, general fishery management, or unrelated to fisheries are not
addressed here. All public comment letters can be viewed, along with
the proposed and final rules for this action, at www.regulations.gov.
Comment 1: Please withhold changes to gear restrictions until
salmon stocks have had a chance to rebuild. These gear changes will
likely increase bycatch of Chinook salmon.
Response: While NMFS shares the commenter's concerns over any
action that could increase bycatch of Chinook salmon, the analysis for
this action does not support the conclusion that removing these
restrictions and requirements would result in additional bycatch beyond
what already occurs in this fishery. Over the past two years NMFS has
permitted more than 40 vessels annually to test whether removing these
requirements or prohibitions would result in additional bycatch of
Chinook and coho salmon. These vessels have completed more than 200 EFP
trips. Based on the analysis of this EFP information, changes that have
occurred within the fishery over the past several years, and the
analysis in the December 2017 biological opinion, NMFS has determined
that changes to mesh size, removing restrictions on codends and chafing
gear, and removing restrictions on vessel operations is unlikely to
result in additional impacts to Chinook salmon. With regards to removal
of the selective flatfish trawl gear requirement, impacts to Chinook
salmon are unlikely to increase from this action in the area north of
42[deg] N lat. (the southern boundary of the 2017 and 2018 Trawl Gear
EFPs). However, impacts to Chinook salmon resulting this action are
less certain in the area between 42[deg] N lat. and 40[deg]10' N lat.
[[Page 62273]]
NMFS discussed uncertainty around potential impacts to Chinook
salmon in the area between 42[deg] N lat. and 40[deg]10' N lat. in the
proposed rule, particularly when considering the removal of the
requirement to use selective flatfish trawl gear, because this area was
not included in the 2017 or 2018 EFPs. Therefore, as mentioned above in
Section III, NMFS is only removing the prohibition on using any small
footrope trawl gear besides selective flatfish trawl gear for the area
north of 42[deg] N lat. No changes to regulations requiring the use of
selective flatfish trawl gear will be implemented for the area between
42[deg] N lat. and 40[deg]10' N lat., where impacts to salmon are less
certain.
Additionally, unlike in previous years, NMFS is proposing through
the proposed rule for the 2019-2020 harvest specifications and
management measures (83 FR 47416, September 19, 2018), to establish
hard caps for Chinook salmon established in the 2017 Salmon Biological
Opinion. If implemented, NMFS will have a mechanism available in
regulation that may be used to close the non-whiting and/or whiting
fisheries if the bycatch of Chinook salmon exceeds or is projected to
exceed the thresholds for those fisheries. Finally, NMFS continues to
work with the Council to develop any management measures needed to
address any unexpected high bycatch of Chinook or coho salmon in the
groundfish fisheries.
Comment 2: The proposed regulations do not acknowledge the
potential for rockfish habitats to be destroyed with little chance of
rehabilitation.
Response: In developing the EA for this action NMFS considered
potential impacts to the physical environment, which includes important
habitats for rockfish species, and determined that impacts to the
physical environment from this action are likely to be negligible to
low for the several reasons. First, the regulatory revisions do not
change any areas that are currently closed to fishing, such as
essential fish habitat conservation areas (EFHCAs) designed to protect
sensitive habitat from bottom contact gear. NMFS expects there may be
increased effort shoreward of the trawl RCA and north of 42[deg] N
latitude by vessels fishing without selective flatfish trawl gear.
However, NMFS expects this effort would likely only occur with
groundfish bottom trawl over soft-bottom habitat or with pelagic trawls
fished off the ocean floor and in the water column away from any high
relief structures that could damage fishing nets. Finally, the
regulatory revisions do not change small footrope requirements for
groundfish bottom trawl shoreward of the RCA. This small footrope
requirement provides a strong disincentive for harvesters to fish with
bottom trawl over high-relief habitat. Therefore, based on this
analysis, NMFS determined that the revised regulations will not result
in additional impacts to the physical environments.
Comment 3: Eliminating the mesh and net size requirements would
potentially increase the incentive for vessels to use larger equipment,
which could increase the likelihood for overfishing. Rockfish are
especially vulnerable to overfishing.
Response: Eliminating regulations that restrict the configuration
and use of the nets would not affect the size of the gear used.
Requirements affecting rope size will still be in place. Additionally,
trawl nets are often limited by the size of the vessel and the ability
of the vessel to pull the net. None of the revisions implemented
through this final rule will change any of the vessel size restrictions
for limited entry permits in the groundfish fishery.
In regard to overfishing, NMFS agrees that rockfish can be
susceptible to overfishing because many species do not begin to
reproduce until they are 5-20 years old, and very few of their young
survive to adulthood. In addition, many species can live more than 100
years (e.g, yelloweye rockfish). However, NMFS and the Council are
obligated under National Standard 1 to ensure that conservation and
management measures, including those implemented through this final
rule, prevent overfishing while also providing an opportunity for
industry to harvest catch. NMFS and the Council have worked diligently
over the past 15 years to conservatively manage species in order to
rebuild seven previously overfished rockfish stocks. There are only two
stocks (i.e., yelloweye rockfish and cowcod) that remain in rebuilding
plans, and both are projected to rebuild ahead of schedule. The Trawl
Rationalization Program has proven to be an effective management system
for groundfish fisheries because it increases individual vessel
accountability and ensures full catch accounting for all stocks. NMFS
and the Council will continue to use the management tools available
through that program to protect rockfish stocks from overfishing while
also providing economic opportunities for West Coast communities.
Comment 4: Eliminating the mesh size requirements will result in
increased unwanted bycatch, discards, and the increased mortality of
small or young fish. Allowing this will reverse the Trawl
Rationalization Program's longstanding success.
Response: The Trawl Rationalization Program has been successful in
addressing the NMFS and Council's responsibilities under the Magnuson-
Stevens Fishery Conservation Act (MSA) and the National Standards, in
particular National Standard 1 guideline responsibilities for
preventing overfishing, and National Standard 8 responsibilities to
reduce bycatch to the extent practicable. Consistent with requirements
under MSA, NMFS will continue to support development of actions that
continue this success. As discussed in additional detail in the
proposed rule, the continued success of the program relies on the use
of an individual quota management system, which provides a disincentive
for vessels to target small fish or reduce the mesh size of the net so
as to catch more small fish. These undersized fish are not marketable
and harvesters would have to use their quota pounds to cover the catch.
One hundred percent at-sea monitoring, either with human observers or
electronic monitoring, is required by all groundfish trawl vessels and
ensures against vessels discarding unwanted or unmarketable catch
without first recording the information. Additionally, reducing mesh
size increases drag on the net which can reduce the efficiency of the
fishing practices and also serves as a disincentive.
The purpose of eliminating the mesh size restrictions is not to
incentivize the catch of small fish. It is intended to allow vessel
operators the ability to address concerns about gilled fish (fish stuck
in the net) and to use different mesh sizes to attach excluders and
chafing gear, or heard smaller fish through the net and out the codend.
This will ultimately have a limited positive impact for vessel
operators. NMFS and the Council will make every effort to continue the
successful management of the Trawl Rationalization Program.
Comment 5: Allowing vessels to use multiple types of groundfish
trawl gear on the same trip will threaten the quality of stock
assessments.
Response: There is a potential to impact stock assessments by
allowing vessels to use multiple types of groundfish trawl gear to be
fished on the same trip, and allowing vessels to fish in multiple IFQ
management areas on the same trip and haul. However, NMFS is
implementing mitigation measures, such as sorting and haul tabulation
requirements, to ensure that the impacts to stock assessments will be
low. The Council and its advisory bodies, including the Groundfish
Management Team, the Groundfish Advisory
[[Page 62274]]
Subpanel, and the Scientific and Statistical Committee (SSC), had
extensive discussion on the potential issues that could arise from
revising these regulations. The SSC spoke specifically to the risk that
co-mingling of total catch could result in greater uncertainty in data
used in stock assessments because gear-specific and area-specific
catch, as well as effort per trip would be unknown, and species-
specific selectivity varies among gear types. However, the SSC reported
that the sorting requirements (catch must be separate by gear type) and
the haul tabulation requirements (number of hauls by area must be
recorded) could alleviate the potential impacts on data for stock
assessments. Additionally, recording the number of hauls should allow
for an accurate assessment of catch location.
Comment 6: The proposed rule appears to state that the purpose of
removing the prohibition on the use of chafing gear is to extend the
life of nets and ultimately reduce operational costs. This purpose is
distinct from the purpose stated in the summary of the proposed rule,
namely increasing flexibility while still limiting the catch of target
and non-target species.
Response: The intent of the entire package of proposed measures is
to increase flexibility while still limiting the catch of target and
non-target species. As stated in the proposed rule, removing the
restrictions on chafing gear will increase flexibility in how vessel
operators attach their chafing gear to both protect the net and
increase fishing efficiency. When implemented in the mid-1990s, the
original restrictions on chafing gear were introduced to ensure that
chafing gear was not used to effectively reduce the mesh size of the
net. When discussing the elimination of the restrictions on net
configurations, the Council considered the flexibility vessel operators
would have through elimination of the minimum mesh size requirements,
and how that flexibility would be limited if restrictions on codends
and chafing gear were not also revised. In developing these measures on
net configuration, vessel operators sought the flexibility to configure
their nets strategically with different mesh sizes and chafing gear
panels to optimize fishing operations by reducing operational costs
(i.e., reduction in net replacement costs) and increasing fishing
efficiency (i.e., herding of smaller fish). As described in the
proposed rule and elsewhere in this preamble, the provisions of the
Trawl Rationalization Program will continue to limit catch of target
and non-target species.
Comment 7: A full environmental impact statement (EIS) is necessary
to consider alternative approaches and designs that could serve the
needs of NMFS while protecting marine life.
Response: NMFS originally published a notice of intent (NOI) to
prepare an EIS in the Federal Register on March 3, 2016 (81 FR 11189),
in accordance with the National Environmental Policy Act (NEPA) to
analyze the impacts on the human environment resulting from changes to
gear requirements for groundfish bottom trawl and midwater trawl gear
in the Trawl Rationalization Program. NMFS accepted public comments on
the NOI from March 3, 2016, to April 4, 2016.
Upon completion of the analysis for the action, NMFS determined
that the impacts associated with implementing the action would not be
significant and, therefore, there would be no need to complete an EIS.
Instead, NMFS completed an EA for the proposed action, in compliance
with NEPA. NMFS withdrew the NOI to prepare an EIS on June 8, 2018 (83
FR 22640).
VI. Changes From the Proposed Rule
The proposed rule for this action contained all the measures that
the Pacific Fishery Management Council recommended, including a measure
that would eliminate the requirement to use selective flatfish trawl
gear north of 40[deg]10' N lat. and shoreward of the trawl RCA, and
replace it with a small footrope trawl gear requirement. The proposed
rule also highlighted NMFS' concerns that the removal of the
requirement to use selective flatfish trawl gear shoreward of the trawl
RCA between 40[deg]10' N lat. and 42[deg] N lat. may be inconsistent
with the terms and conditions of the 2017 Salmon Biological Opinion.
After consideration of public comment we preliminarily determined
that, in order to maintain consistency with the 2017 Salmon Biological
Opinion, it was only appropriate to remove the selective flatfish trawl
requirement north of 42[deg] N lat. This final rule would implement a
revised version of the regulation put forward in the proposed rule, and
would maintain the selective flatfish trawl requirement between
40[deg]10' N lat. and 42[deg] N lat. Vessels fishing in the area
between 40[deg]10' N lat. and 42[deg] N lat. would be required to use
selective flatfish trawl gear in a two- or four-seam net. North of
42[deg] N lat., vessels would be allowed to fish with any type of small
footrope trawl gear, including selective flatfish trawl gear.
VII. Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this action is
consistent with the Pacific Coast Groundfish FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
The Office of Management and Budget has determined that this final
rule is not significant for purposes of Executive Order 12866.
This final rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This action contains a change to an information collection
requirement, which has been approved by the Office of Management and
Budget (OMB) under OMB Control Number 0648-0573: Expanded Vessel
Monitoring System Requirement for the Pacific Groundfish Fishery. The
regulatory change, which was described in section IV of this final
rule, would allow vessel operators who fish in the Shorebased IFQ
Program to make a new declaration from sea when a new gear fished on a
trip. This revision removes the requirement that vessels return to port
to make a new declaration. The numbers of declaration reports the
vessel operator is required to submit to NMFS would not change under
this request. Therefore, no small entity would be subject to additional
reporting requirements.
Pursuant to Executive Order 13175, this final rule was developed
after meaningful collaboration with tribal officials from the area
covered by the FMP. Consistent with the Magnuson-Stevens Act at 16
U.S.C. 1852(b)(5), one of the voting members of the Council is a
representative of an Indian tribe with federally recognized fishing
rights from the area of the Council's jurisdiction.
NMFS finds good cause to waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become
effective January 1, 2019. Each of these revisions to groundfish
regulations in this rule
[[Page 62275]]
would remove restrictions that are no longer necessary due to
implementation of the Trawl Rationalization Program, create more
efficient and safe harvesting practices, and allow vessel operators to
better attain species that are currently under attained without causing
any additional impacts on the fishery. NMFS was unable to finalize
these regulations sooner because of the need to include data in the
analysis for this action from the 2018 trawl gear exempted fishing
permit which was not available until May 2018.
Delaying the implementation of these revisions would reduce the
benefits that they would provide to the industry and could cause
confusion for vessel operators. For example, trawl vessels average
between 10 and 20 days spent annually traveling back and forth to port
to change gear types. Reducing restrictions on how they operate their
vessels, including carrying multiple types of trawl gear onboard,
vessel operators may be able to substantially reduce or eliminate the
number of days spent traveling back and forth to port to change gears,
resulting in financial savings and increased safety. Delays in
implementing these revisions would reduce those financial savings and
require vessels to continue more dangerous fishing practices. The
revisions to regulations described in the preamble of this document
affect commercial fisheries in Washington, Oregon and California. These
revisions have been requested by members of industry, and were
recommended to NMFS by the Council. No aspect of this action is
controversial.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: November 28, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.11, amend the definition of ``Fishing gear'' by
revising paragraphs (7) and (11)(iii)(B) to read as follows:
Sec. 660.11 General definitions.
* * * * *
Fishing gear * * *
* * * * *
(7) Mesh size means the opening between opposing knots, or opposing
corners for knotless webbing. Minimum mesh size means the smallest
distance allowed between the inside of one knot or corner to the inside
of the opposing knot or corner, regardless of twine size.
* * * * *
(11) * * *
(iii) * * *
(B) Chafing gear means webbing or other material that is attached
to the trawl net to protect the net from wear and abrasions either when
fishing or hauling on deck.
* * * * *
0
3. In Sec. 660.13, revise paragraph (d) to read as follows:
Sec. 660.13 Recordkeeping and reporting.
* * * * *
(d) Declaration reporting requirements--When the operator of a
vessel registers a VMS unit with NMFS OLE, the vessel operator must
provide NMFS with a declaration report as specified at paragraph
(d)(4)(iv) of this section. The operator of any vessel that has already
registered a VMS unit with NMFS OLE but has not yet made a declaration,
as specified at paragraph (d)(4)(iv) of this section, must provide NMFS
with a declaration report upon request from NMFS OLE.
(1) Declaration reports for vessels registered to limited entry
permits. The operator of any vessel registered to a limited entry
permit must provide NMFS OLE with a declaration report, as specified at
paragraph (d)(4)(iv) of this section, before the vessel leaves port on
a trip in which the vessel is used to fish in U.S. ocean waters between
0 and 200 nm offshore of Washington, Oregon, or California.
(i) Limited entry trawl vessels fishing in the Shorebased IFQ
Program must provide NMFS OLE with a new declaration report each time a
different groundfish trawl gear (bottom or midwater only) is fished.
The declaration may be made from sea and must be made to NMFS before a
different type (bottom or midwater only) of groundfish trawl gear is
fished.
(ii) [Reserved]
(2) Declaration reports for all vessels using non-groundfish trawl
gear. The operator of any vessel that is not registered to a limited
entry permit and which uses non-groundfish trawl gear to fish in the
EEZ (3-200 nm offshore), must provide NMFS OLE with a declaration
report, as specified at paragraph (d)(4)(iv) of this section, before
the vessel leaves port to fish in the EEZ.
(3) Declaration reports for open access vessels using non trawl
gear (all types of open access gear other than non-groundfish trawl
gear). The operator of any vessel that is not registered to a limited
entry permit, must provide NMFS with a declaration report, as specified
at paragraph (d)(4)(iv) of this section, before the vessel leaves port
on a trip in which the vessel is used to take and retain or possess
groundfish in the EEZ or land groundfish taken in the EEZ.
(4) Declaration reports. (i) The operator of a vessel specified in
paragraphs (d)(1), (d)(2), and (d)(3) of this section must provide a
declaration report to NMFS OLE prior to leaving port on the first trip
in which the vessel meets the requirement specified at Sec. 660.14(b)
to have a VMS.
(ii) A declaration report will be valid until another declaration
report revising the existing gear or fishery declaration is received by
NMFS OLE. The vessel operator must send a new declaration report when:
(A) A gear type that is different from the gear type most recently
declared for the vessel will be used, or
(B) A vessel will fish in a fishery other than the fishery most
recently declared.
(iii) During the period of time that a vessel has a valid
declaration report on file with NMFS OLE, it cannot fish with a gear
other than a gear type declared by the vessel or fish in a fishery
other than the fishery most recently declared.
(iv) Declaration reports will include: The vessel name and/or
identification number, the gear type, and the fishery (as defined in
paragraph (d)(4)(iv)(A) of this section).
(A) One of the following gear types or sectors must be declared:
(1) Limited entry fixed gear, not including Shorebased IFQ Program,
(2) Limited entry groundfish non-trawl, Shorebased IFQ Program,
(3) Limited entry midwater trawl, non-whiting Shorebased IFQ
Program,
(4) Limited entry midwater trawl, Pacific whiting Shorebased IFQ
Program,
(5) Limited entry midwater trawl, Pacific whiting catcher/processor
sector,
(6) Limited entry midwater trawl, Pacific whiting mothership sector
(catcher vessel or mothership),
(7) Limited entry bottom trawl, Shorebased IFQ Program, not
including demersal trawl,
(8) Limited entry demersal trawl, Shorebased IFQ Program,
(B) [Reserved]
(v) Upon receipt of a declaration report, NMFS will provide a
confirmation code or receipt to confirm that a valid declaration report
was
[[Page 62276]]
received for the vessel. Vessel owners or operators are responsible for
retaining the confirmation code or receipt to verify that a valid
declaration report was filed.
0
4. In Sec. 660.25, revise paragraph (b)(4)(vii)(C) to read as follows:
Sec. 660.25 Permits.
* * * * *
(b) * * *
(4) * * *
(vii) * * *
(C) Limited entry MS permits and limited entry permits with an MS/
CV or a C/P endorsement. Limited entry MS permits and limited entry
permits with an MS/CV or a C/P endorsement may be registered to another
vessel up to two times during the calendar year as long as the second
change in vessel registration is back to the original vessel. The
original vessel is either the vessel registered to the permit as of
January 1, or if no vessel is registered to the permit as of January 1,
the original vessel is the first vessel to which the permit is
registered after January 1. After the original vessel has been
established, the first change in vessel registration would be to
another vessel, but any second change in vessel registration must be
back to the original vessel. For an MS/CV-endorsed permit on the second
change in vessel registration back to the original vessel, that vessel
must be used to fish exclusively in the MS Coop Program described Sec.
660.150 for the remainder of the calendar year, and declare in to the
limited entry mid water trawl, Pacific whiting mothership sector as
specified at Sec. 660.13(d)(4)(iv).
* * * * *
0
5. In Sec. 660.60, revise paragraphs (h)(7) introductory text,
(h)(7)(i) introductory text, (h)(7)(ii)(A), (h)(7)(ii)(B)(1)
introductory text, and (h)(7)(ii)(B)(2) to read as follows:
Sec. 660.60 Specifications and management measures.
* * * * *
(h) * * *
(7) Crossover provisions. Crossover provisions apply to three
activities: Fishing on different sides of a management line, fishing in
both the limited entry and open access fisheries, or fishing in both
the Shorebased IFQ Program and the limited entry fixed gear fishery.
Fishery-specific crossover provisions can be found in subparts D
through F of this part.
(i) Fishing in management areas with different trip limits. Trip
limits for a species or a species group may differ in different
management areas along the coast. The following crossover provisions
apply to vessels fishing in different geographical areas that have
different cumulative or ``per trip'' trip limits for the same species
or species group, with the following exceptions. Such crossover
provisions do not apply to: IFQ species (defined at Sec. 660.140(c),
subpart D) for vessels that are declared into the Shorebased IFQ
Program (see Sec. 660.13(d)(4)(iv)(A), for valid Shorebased IFQ
Program declarations); species that are subject only to daily trip
limits; or to trip limits for black rockfish off Washington, as
described at Sec. Sec. 660.230(e) and 660.330(e).
* * * * *
(ii) * * *
(A) Fishing in limited entry and open access fisheries with
different trip limits. Open access trip limits apply to any fishing
conducted with open access gear, even if the vessel has a valid limited
entry permit with an endorsement for another type of gear. Except such
provisions do not apply to IFQ species (defined at Sec. 660.140(c),
subpart D) for vessels that are declared into the Shorebased IFQ
Program (see Sec. 660.13(d)(4)(iv)(A) for valid Shorebased IFQ Program
declarations). A vessel that fishes in both the open access and limited
entry fisheries is not entitled to two separate trip limits for the
same species. If a vessel has a limited entry permit registered to it
at any time during the trip limit period and uses open access gear, but
the open access limit is smaller than the limited entry limit, the open
access limit may not be exceeded and counts toward the limited entry
limit. If a vessel has a limited entry permit registered to it at any
time during the trip limit period and uses open access gear, but the
open access limit is larger than the limited entry limit, the smaller
limited entry limit applies, even if taken entirely with open access
gear.
(B) * * *
(1) Vessel registered to a limited entry trawl permit. To fish with
open access gear, defined at Sec. 660.11, a vessel registered to a
limited entry trawl permit must make the appropriate fishery
declaration, as specified at Sec. 660.13(d)(4)(iv)(A). In addition, a
vessel registered to a limited entry trawl permit must remove the
permit from their vessel, as specified at Sec. 660.25(b)(4)(vi),
unless the vessel will be fishing in the open access fishery under one
of the following declarations specified at Sec. 660.13(d):
* * * * *
(2) Vessel registered to a limited entry fixed gear permit(s). To
fish with open access gear, defined at Sec. 660.11, subpart C, a
vessel registered to a limit entry fixed gear permit must make the
appropriate open access declaration, as specified at Sec.
660.13(d)(4)(iv)(A). Vessels registered to a sablefish-endorsed
permit(s) fishing in the sablefish primary season (described at Sec.
660.231, subpart E) may only fish with the gear(s) endorsed on their
sablefish-endorsed permit(s) against those limits.
* * * * *
0
6. In Sec. 660.112, revise paragraphs (b)(1)(vii), (b)(1)(xi),
(b)(1)(xii)(A), (c)(4), and (e)(4) to read as follows:
Sec. 660.112 Trawl fishery--prohibitions.
* * * * *
(b) * * *
(1) * * *
(vii) For vessels fishing with multiple trawl gear types on a
single trip, fail to keep catch from different trawl gears separate and
land the catch separately by gear type.
* * * * *
(xi) Mix catch from different hauls before all sampling and
monitoring requirements for the hauls have been met.
(xii) * * *
(A) A vessel that is 75-ft (23-m) or less LOA that harvests Pacific
whiting and, in addition to heading and gutting, cuts the tail off and
freezes the whiting, is not considered to be a C/P vessel nor is it
considered to be processing fish, and
* * * * *
(c) * * *
(4) Catch, take, or harvest fish in the MS Coop Program with a
vessel that does not have a valid VMS declaration for limited entry
midwater trawl, Pacific whiting mothership sector, as specified at
Sec. 660.13(d)(4)(iv)(A), subpart C.
* * * * *
(e) * * *
(4) Fish in the C/P Coop Program with a vessel that does not have a
valid VMS declaration for limited entry midwater trawl, Pacific whiting
catcher/processor sector, as specified at Sec. 660.13(d)(4)(iv)(A).
* * * * *
0
7. In Sec. 660.113, revise paragraph (b)(3) to read as follows:
Sec. 660.113 Trawl fishery-recordkeeping and reporting.
* * * * *
(b) * * *
(3) Gear switching declaration. Any person with a limited entry
trawl permit participating in the Shorebased IFQ Program using
groundfish non-trawl gear (i.e., gear switching) must submit a valid
gear declaration reporting such participation as specified in Sec.
660.13(d)(4)(iv)(A).
* * * * *
[[Page 62277]]
0
8. In Sec. 660.130:
0
a. Remove paragraphs (b)(1), (b)(2), and (b)(3)(iii);
0
b. Redesignate paragraphs (b)(3) and (b)(4) as (b)(1) and (b)(2),
respectively;
0
c. Revise the newly redesignated paragraphs (b)(1)(ii)(A) and (b)(2);
0
d. Revise paragraphs (c)(1), (c)(2), (c)(3)(ii), (c)(4)(i)(A),
(c)(4)(i)(B), (c)(4)(i)(D) and (E), (c)(4)(ii)(A) and (B), (d)(2)(ii),
(e) introductory text, (e)(4)(ii), and (e)(4)(iv).
The revisions read as follows:
Sec. 660.130 Trawl fishery--management measures.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) Selective flatfish trawl gear. Selective flatfish trawl gear is
a type of small footrope trawl gear. The selective flatfish trawl net
must be either a two-seamed or four-seamed net with no more than four
riblines, excluding the codend. The breastline may not be longer than 3
ft (0.92 m) in length. There may be no floats along the center third of
the headrope or attached to the top panel except on the riblines. The
footrope must be less than 105 ft (32.26 m) in length. The headrope
must be not less than 30 percent longer than the footrope. The headrope
shall be measured along the length of the headrope from the outside
edge to the opposite outside edge. An explanatory diagram of a
selective flatfish trawl net is provided as Figure 1 of part 660,
subpart D.
* * * * *
(2) Midwater (pelagic or off-bottom) trawl gear. Midwater trawl
gear must have unprotected footropes at the trawl mouth, and must not
have rollers, bobbins, tires, wheels, rubber discs, or any similar
device anywhere on any part of the net. The footrope of midwater gear
may not be enlarged by encircling it with chains or by any other means.
Ropes or lines running parallel to the footrope of midwater trawl gear
must be bare and may not be suspended with chains or any other
materials. Sweep lines, including the bottom leg of the bridle, must be
bare. For at least 20 ft (6.15 m) immediately behind the footrope or
headrope, bare ropes or mesh of 16-inch (40.6-cm) minimum mesh size
must completely encircle the net.
(c) * * *
(1) Fishing with large footrope trawl gear. It is unlawful for any
vessel using large footrope gear to fish for groundfish shoreward of
the RCAs defined at paragraph (e)(4) of this section and at Sec. Sec.
660.70 through 660.74, subpart C. The use of large footrope gear is
allowed seaward of the RCAs coastwide.
(2) Fishing with small footrope trawl gear. The use of small
footrope bottom trawl gear is allowed in all areas where bottom
trawling is allowed with the following requirements:
(i) Fishing with selective flatfish trawl gear. The use of
selective flatfish trawl gear, a type of small footrope trawl gear, is
allowed in all areas where bottom trawling is allowed and is required
shoreward of the trawl RCA between 42[deg] North latitude and
40[deg]10' North latitude.
(ii) The use of small footrope trawl, other than selective flatfish
trawl gear, is prohibited between 42[deg] North latitude and 40[deg]10'
North latitude.
(iii) The use small footrope trawl, other than of selective
flatfish trawl gear, is required inside the Klamath River Salmon
Conservation Zone (defined at Sec. 660.131(c)(1)) and the Columbia
River Salmon Conservation Zone (defined at Sec. 660.131(c)(2)).
(3) * * *
(ii) South of 40[deg]10' N lat., midwater groundfish trawl gear is
prohibited within and shoreward of the RCA boundaries (see Sec.
660.130(e)(4)(i)) and allowed seaward of the RCA boundaries.
(4) * * *
(i) * * *
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have
both selective flatfish trawl gear and any other type of small footrope
trawl gear onboard simultaneously.
(B) If a vessel fishes exclusively with large or small footrope
trawl gear during an entire cumulative limit period, the vessel is
subject to the cumulative limits for that gear.
* * * * *
(D) If more than one type of groundfish bottom trawl gear
(selective flatfish, large footrope, or small footrope) is on board,
either simultaneously or successively, at any time during a cumulative
limit period, then the most restrictive cumulative limit associated
with the groundfish bottom trawl gear on board during that cumulative
limit period applies for the entire cumulative limit period.
(E) If a vessel fishes both north and south of 40[deg]10' N lat.
with any type of small or large footrope gear onboard the vessel at any
time during the cumulative limit period, the most restrictive trip
limit associated with the gear on board applies for that trip and will
count toward the cumulative limit for that gear (See crossover
provisions at Sec. 660.60(h)(7)).
(ii) * * *
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously.
(B) If a vessel fishes both north and south of 40[deg]10' N lat.
with any type of small or large footrope gear onboard the vessel at any
time during the cumulative limit period, the most restrictive
cumulative limit associated with the gear on board would apply for that
trip and all catch would be counted toward that cumulative limit (See
crossover provisions at Sec. 660.60(h)(7)).
(d) * * *
(2) * * *
(ii) Catcher vessels. All catch must be sorted by the gear types
declared in accordance with Sec. 660.13(d), and to the species groups
specified in paragraph (d)(1) of this section for vessels with limited
entry permits, except those vessels retaining all catch during a
Shorebased IFQ trip (i.e., maximized retention trips). The catch must
not be discarded from the vessel and the vessel must not mix catch from
hauls until the observer has sampled the catch. Catch separated by
trawl gear type must be landed separately by trawl gear type.
Prohibited species must be sorted according to the following species
groups: Dungeness crab, Pacific halibut, Chinook salmon, other salmon.
Non-groundfish species must be sorted as required by the state of
landing.
* * * * *
(e) Groundfish conservation areas (GCAs) applicable to trawl
vessels. A GCA, a type of closed area, is a geographic area defined by
coordinates expressed in degrees of latitude and longitude. The
latitude and longitude coordinates of the GCA boundaries are specified
at Sec. Sec. 660.70 through 660.74. If a vessel is fishing within a
GCA listed in this paragraph (e) using trawl gear authorized for use
within a GCA, all prohibited gear: must be stowed below deck; or, if
the gear cannot readily be moved, must be stowed in a secured and
covered manner detached from all towing lines so that it is rendered
unusable for fishing; or, if remaining on deck uncovered, must be
stowed disconnected from the trawl doors with the trawl doors hung from
their stanchions. The following GCAs apply to vessels participating in
the limited entry trawl fishery. Additional closed areas that
specifically apply to vessels using midwater groundfish trawl gear are
described at Sec. 660.131(c).
* * * * *
(4) * * *
(ii) Trawl vessels may transit through an applicable GCA, with or
without
[[Page 62278]]
groundfish on board, provided all prohibited groundfish trawl gear: is
stowed below deck; or, if the gear cannot readily be moved, is stowed
in a secured and covered manner detached from all towing lines so that
it is rendered unusable for fishing; or, if remaining on deck
uncovered, is stowed disconnected from the trawl doors with the trawl
doors hung from their stanchions. These restrictions do not apply to
vessels allowed to fish within the trawl RCA under paragraph (e)(4)(i)
of this section.
* * * * *
(iv) If a vessel fishes in the trawl RCA using midwater trawl gear,
it may also fish outside the trawl RCA with groundfish bottom trawl
gear on the same trip. Nothing in these Federal regulations supersedes
any state regulations that may prohibit trawling shoreward of the
fishery management area (3-200 nm).
* * * * *
0
9. In Sec. 660.140, remove paragraphs (c)(1) and (h)(2)(viii)(I), and
redesignate paragraph (c)(2) as (c)(1), revise newly redesignated
paragraph (c)(1), and reserve paragraph (c)(2) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(c) * * *
(1) IFQ management areas. IFQ management areas are as follows:
(i) Between the U.S./Canada border and 40[deg]10' N lat.,
(ii) Between 40[deg]10' N lat. and 36[deg] N lat.,
(iii) Between 36[deg] N lat. and 34[deg]27' N lat., and
(iv) Between 34[deg]27' N lat. and the U.S./Mexico border.
(2) [Reserved]
* * * * *
0
10. Table 1 (North) and Table 1 (South) to part 660, subpart D are
revised to read as follows:
BILLING CODE 3510-22-P
[[Page 62279]]
[GRAPHIC] [TIFF OMITTED] TR03DE18.002
[[Page 62280]]
[GRAPHIC] [TIFF OMITTED] TR03DE18.003
0
11. In Sec. 660.333, revise paragraphs (b)(1), and (d)(1) to read as
follows:
Sec. 660.333 Open access non-groundfish trawl fishery--management
measures
* * * * *
(b) * * *
(1) It is declared ``non-groundfish trawl gear for ridgeback
prawn'' under Sec. 660.13(d)(4)(iv)(A)(10), regardless of whether it
is registered to a Federal limited entry trawl-endorsed permit; and
* * * * *
(c) * * *
(1) It is declared ``non-groundfish trawl gear for California
halibut'' under Sec. 660.13(d)(4)(iv)(A)(11), regardless of whether it
is registered to a Federal limited entry trawl-endorsed permit;
* * * * *
(d) * * *
[[Page 62281]]
(1) It is declared ``non-groundfish trawl gear for sea cucumber''
under Sec. 660.13(d)(4)(iv)(A)(12), regardless of whether it is
registered to a Federal limited entry trawl-endorsed permit;
* * * * *
[FR Doc. 2018-26194 Filed 11-30-18; 8:45 am]
BILLING CODE 3510-22-C
