Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Seabird Bycatch Avoidance Measures, 48094-48100 [2019-19705]
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(8) The reasons why we should or
should not designate habitat as ‘‘critical
habitat’’ under section 4 of the Act (16
U.S.C. 1531 et seq.), including whether
there are threats to the species from
human activity, the degree of which can
be expected to increase due to the
designation, and whether that increase
in threat outweighs the benefit of
designation such that the designation of
critical habitat may not be prudent.
(9) Specific information on:
(a) The amount and distribution of
Graham’s beardtongue and White River
beardtongue occupied and suitable
habitat;
(b) Areas that were occupied at the
time of listing (or are currently
occupied) and that contain features
essential to the conservation of the
species that should be included in the
designation and why;
(c) What areas not occupied at the
time of listing are essential for the
conservation of the species and why;
(d) What may constitute ‘‘physical or
biological features essential to the
conservation of the species,’’ within the
geographical range currently occupied
by the species;
(e) Where the ‘‘physical or biological
features essential to the conservation of
the species,’’ features are currently
found;
(f) Information indicating how these
species respond to natural and
anthropogenic disturbances; and
(g) Special management
considerations or protection that may be
needed in critical habitat areas we are
proposing, including managing for the
potential effects of climate change.
(10) Land use designations and
current or planned activities in the
subject areas and their possible impacts
on proposed critical habitat.
(11) Information on the projected and
reasonably likely impacts of climate
change on Graham’s and White River
beardtongues and proposed critical
habitat.
(12) Any probable economic, national
security, or other relevant impacts of
designating any area that may be
included in the final designation; in
particular, we seek information on any
impacts on small entities or families,
and the benefits of including or
excluding areas that exhibit these
impacts.
(13) Whether any specific areas we are
proposing for critical habitat
designation should be considered for
exclusion under section 4(b)(2) of the
Act, and whether the benefits of
potentially excluding any specific area
outweigh the benefits of including that
area under section 4(b)(2) of the Act.
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(14) Whether we could improve or
modify our approach to designating
critical habitat in any way to provide for
greater public participation and
understanding, or to better
accommodate public concerns and
comments.
(15) The likelihood of adverse social
reactions to the designation of critical
habitat and how the consequences of
such reactions, if likely to occur, would
relate to the conservation and regulatory
benefits of the proposed critical habitat
designation.
(16) Whether the 2014 CA, including
the 2018 addendum and conservation
area modifications, provides sufficient
conservation measures to reduce threats
to one or both species.
As indicated under SUMMARY, above, if
you submitted comments or information
on the proposed rules (78 FR 47590 and
78 FR 47832) during the initial
comment periods from August 6, 2013,
to October 7, 2013, or from May 6, 2014,
to July 7, 2014, please do not resubmit
them. Any such comments are
incorporated as part of the public record
of this rulemaking proceeding, and we
will fully consider them in the
preparation of our final determination.
Our final determination will take into
consideration all written comments and
any additional information we receive
during all comment periods. The final
decision may differ from the proposed
rule, based on our review of all
information received during this
rulemaking proceeding.
You may submit your comments and
materials concerning the proposed rules
and other new information described
above by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Utah Ecological Services Field
Office (see FOR FURTHER INFORMATION
CONTACT).
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References Cited
A complete list of references cited in
this document is available on the
internet at https://www.regulations.gov at
Docket No. FWS–R6–ES–2019–0029 and
on our website at https://www.fws.gov/
mountain-prairie/es/grahamsAndWhite
RiverBeardTongue.php by clicking
Recent Actions & Links at the bottom of
the page, and upon request from the
Utah Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document
are the staff members of the Mountain
Prairie Regional Office and Utah
Ecological Services Field Office.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: July 22, 2019.
Margaret Everson,
Principal Deputy Director, U.S. Fish and
Wildlife Service, Exercising the Authority of
the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019–19768 Filed 9–11–19; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 190906–0023]
RIN 0648–BI99
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Seabird Bycatch Avoidance Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
This proposed rule would
require commercial groundfish bottom
longline vessels 26 feet length overall
and longer managed under the Pacific
Coast Groundfish Fishery Management
Plan to deploy streamer lines or to set
gear between civil dusk and civil dawn
when fishing in Federal waters north of
36° North latitude. The action is
necessary to fulfill terms and conditions
of a 2017 United States Fish and
Wildlife Service Biological Opinion to
minimize incidental take of Endangered
Species Act-listed short-tailed albatross
(Phoebastria albatrus) by vessels in the
SUMMARY:
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Pacific Coast groundfish fishery. This
proposed rule is intended to promote
the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Pacific Coast Groundfish Fishery
Management Plan, and other applicable
laws, including the Endangered Species
Act.
DATES: Comments must be received by
October 15, 2019.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2019–0063,
by either of the following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190063, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Barry A. Thom, Regional Administrator,
West Coast Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070.
Attn: Keeley Kent.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record
and NMFS will post for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender is publicly
accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
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Electronic Access
This rule is accessible via the Office
of the Federal Register website at
https://www.federalregister.gov/.
Background information and documents
including a Regulatory Impact Review/
Initial Regulatory Flexibility Analysis
(Analysis), which addresses the
statutory requirements of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), Presidential Executive Order
12866, and the Regulatory Flexibility
Act are available at the NMFS West
Coast Region website at https://
www.westcoast.fisheries.noaa.gov/
fisheries/groundfish/ and at
the Pacific Fishery Management
Council’s website at https://
www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–526–4655, or
email: keeley.kent@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Background and Need for Action
The purpose of this proposed rule is
to reduce interactions between seabirds,
especially Endangered Species Actlisted species, and groundfish longline
gear. Seabirds are known to dive on
baited hooks near the sea surface when
fishing vessels deploy longline gear.
Birds can become entangled with, or
hooked by, the gear and drown.
Streamer lines, also known as tori
lines, bird scaring lines, or bait saver
lines, have been shown to deter seabirds
from the fishing gear groundline for a
distance beyond the stern of the vessel
sufficient for the groundline to sink to
a depth where bait is no longer
accessible to diving birds (Section 1.2 of
the Analysis).
The streamer line is a line that
extends from a high point on a vessel (a
mast, pole, or rigging) near the stern of
the vessel to a drogue (usually a buoy
with a weight, such as a section of
chain). As the vessel moves forward, the
drogue creates tension in the line,
producing a span of area from the stern
where the streamer line is aloft. The
aloft section includes streamers made of
UV protected, brightly colored tubing
spaced every 16 feet (ft) (5 meters (m)).
Streamers must be heavy enough to
maintain a near-vertical fence in
moderate to high winds. Individual
streamers extend to the water to prevent
aggressive birds from getting to the
groundline and interacting with hooks.
Streamer lines have been effective at
reducing seabird bycatch in fisheries
throughout the world, including
Alaskan fisheries that are similar to
Pacific Coast groundfish fisheries.
In limited instances, a buoy bag line
may be used in place of a streamer line.
Vessels without mast, poles, and rigging
must deploy at least one buoy bag line.
A buoy bag line extends from a high
point on the vessel to a drogue (a buoy
with a weight, such as a section of
chain). The buoy bag line hangs over the
area where baited hooks may be
accessible to seabirds, which is
generally within 6.5 feet (2 m) of the sea
surface.
On the West Coast, longline vessels
fishing under the Pacific Coast
Groundfish Fishery Management Plan
(FMP) interact with short-tailed
albatross, which are listed as
endangered under the Endangered
Species Act (ESA). Short-tailed albatross
typically only dive to depths of 6.6 ft (2
m) when feeding. A 2012 U.S. Fish and
Wildlife Service (USFWS) Biological
Opinion on the continued operation of
the Pacific Coast groundfish fishery
required vessels 55 ft (16.8 m) and
longer length overall (LOA) using
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bottom longline gear (as defined in 50
CFR 660.11) to use streamer lines (80 FR
71975; November 18, 2015). Smaller
vessels were not included in the
requirement. However, research since
then has shown that vessel size is not
a limiting factor on seabird interactions
(USFWS Biological Opinion 2017).
In 2015, the Pacific Fishery
Management Council’s (Council)
Groundfish Endangered Species Act
Workgroup estimated that incidental
take of short-tailed albatross in
groundfish longline fisheries exceeded
the incidental take level allowed in the
2012 Biological Opinion (Section 1.2 of
the Analysis). Thus, NMFS reinitiated
consultation in 2016 with the USFWS
pursuant to Section 7 of the ESA. On
May 2, 2017, USFWS published its new
Biological Opinion on the fishery. The
Incidental Take Statement (ITS) in the
Biological Opinion lists
nondiscretionary terms and conditions,
one of which requires NMFS to amend
the fishery regulations to require vessels
fishing for groundfish in Federal waters
that use longline gear to:
(i) Employ streamer lines in the
commercial longline fishery of the
Pacific Coast Ground Fishery consistent
with the Alaska streamer line
regulations for Federal waters, including
the use of single streamer lines on boats
26–55 feet (7.9–16.8 m) in length, or
(ii) Set longlines after civil sunset.
The ITS requires that NMFS implement
these regulation changes as soon as
practical, but initiation of
implementation shall not exceed a
three-year period after the date of the
Biological Opinion.
The Council evaluated the
requirements of the ITS and analyzed an
action to amend the regulations
implementing the FMP to address
seabird bycatch in the fishery at its
November 2018, April 2019, and June
2019 meetings. The Council
recommended a preferred alternative at
its April 2019 meeting and took final
action in June 2019. NMFS is proposing
modifications to the existing Seabird
Avoidance Program regulations for the
Pacific Coast groundfish fishery through
this proposed rule to incorporate the
Council’s recommendation.
Description of the Pacific Coast
Groundfish Longline Fishery
As described in Section 3.5.1 of the
Analysis, groundfish longline vessels
are grouped into the following four
fisheries:
(1) Vessels with a sablefish fixed gear
endorsed Federal groundfish limited
entry permit may participate in the
primary sablefish fishery with vessel-
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specific sablefish catch limits assigned
according to permit possession;
(2) Vessels with fixed gear endorsed
Federal groundfish limited entry permit
but without the sablefish endorsement;
(3) Vessels with a trawl endorsed
groundfish limited entry permit
participate in the Shorebased Individual
Fishing Quota (IFQ) Program fishery
and may use any legal groundfish gear.
A portion of vessels possessing these
endorsed permits and the necessary
quota pounds use longline gear to catch
sablefish (‘‘gear switchers’’). From an
operational standpoint these vessels are
comparable to the limited entry category
described above; and,
(4) Vessels without a Federal permit
are subject to daily and weekly trip
limits for groundfish species. Vessels
without a Federal permit participate in
the open access fishery, and are subject
to state permitting requirements as
applicable.
Overlapping with these permit
categories, vessels may be described as
participating in the non-nearshore or
nearshore fishery. The non-nearshore
fishery principally targets sablefish on
the continental slope and may also land
other associated species such as
thornyheads. The nearshore fishery, as
the name implies, fishes closer to shore
and primarily in state waters,
principally landing various rockfish
species (Section 3.5.1 of the Analysis).
The 2017 Biological Opinion excluded
any groundfish fisheries in state waters
from the proposed action, therefore this
proposed rule only applies to vessels
fishing in federal waters, delineated as
the exclusive economic zone, 3–200
nautical miles (5.6–370.4 kilometers)
from shore.
Section 3.5.2 of the Analysis indicates
that 37 large vessels (vessels greater
than or equal to 55 ft (16.8 m) LOA) and
387 small vessels (vessels greater than
or equal to 26 ft (7.9 m) and less than
55 ft (16.8 m) LOA) participated in the
non-nearshore fishery using longline
gear during the 2013–2017 baseline
period. During the baseline period, the
Analysis found a considerable amount
of variation in the number of
participating vessels from year to year,
especially in the small vessel category.
On average, 22 large vessels and 199
small vessels participated in these
federal fisheries annually, suggesting
that vessels move in and out of the
fishery over time.
Section 3.5.4 of the Analysis
compares annual engagement levels to
annual revenues for small and large
vessels participating in the nonnearshore fishery. The Analysis
indicates that most of the vessels
participating in this fishery make
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relatively few trips annually. In terms of
the number of trips, 80 percent of small
vessels and 90 percent of large vessels
make 10 or fewer trips per year. Despite
the low apparent level of participation,
the Analysis found that most vessels
earn the majority of their annual
revenue from this fishery. In terms of
annual revenue, 77 percent of small
vessels and 73 percent of large vessels
derive 90 percent or more of total exvessel revenue from the fishery
annually. The primary ports of landing
for these vessels from 2013 to 2017 were
Monterey, Fort Bragg, CA; Brookings,
Coos Bay, Newport, OR; and ports on
the south and central coast of
Washington (Section 3.5.6 of the
Analysis).
Proposed Seabird Bycatch Avoidance
Measures
This proposed rule would amend the
existing Seabird Avoidance Program
regulations for the Pacific Coast
groundfish fishery at 50 CFR 660.21 to
implement the requirements of the 2017
USFWS Biological Opinion. The
existing Seabird Avoidance Program
regulations apply to vessels greater than
or equal to 55 ft (16.8 m) LOA engaged
in commercial fishing for groundfish
with bottom longline gear. Vessels using
snap gear must deploy a minimum of a
single streamer line. Vessels not using
snap gear must deploy paired stream
lines. Pacific Coast treaty Indian
fisheries and anglers engaged in
recreational fishing for groundfish are
exempt from the regulations. The
existing regulations also exempt vessels
when a National Weather Service Gale
Warning is in effect.
This proposed rule would extend the
streamer line requirements currently in
place for vessels greater than or equal to
55 ft (16.8 m) LOA to vessels greater
than or equal to 26 ft (7.9 m) and less
than 55 ft (16.8 m) LOA using bottom
longline gear, as defined under 50 CFR
660.11, when fishing north of 36° N
latitude. This proposed rule would also
exempt all Pacific coast groundfish
vessels subject to seabird avoidance
requirements from streamer line
requirements when night setting and
exempt vessels greater than or equal to
26 ft (7.9 m) and less than 55 ft (16.8
m) LOA from using streamer lines when
a small craft advisory is declared. This
section details the features of the
proposed expanded seabird bycatch
avoidance measures.
The Council recommended exempting
vessels fishing south of 36° N latitude
due to the rare presence of short-tailed
albatross in this area, and as a result,
decreased likelihood of interaction with
fishing gear. This exemption would
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apply to all sizes of vessels; therefore, it
would create a new exemption for the
vessels greater than or equal to 55 ft
(16.8 m) LOA that have been subject to
streamer line requirements since 2015.
Bottom longline gear includes snap
gear, which is a variant of this gear type
in which the gangion and hook are
attached to the groundline by means of
a mechanical fastener or snap, usually
during gear deployment. Because vessel
operators may snap the gangion and
hook to the groundline during
deployment, this gear configuration
often means that vessels deploy the gear
at a slower speed than standard bottom
longline gear. This action would require
a different streamer line configuration
for vessels using snap gear that are
greater than or equal to 26 ft (7.9 m) and
less than 55 ft (16.8 m) LOA to
accommodate the slower snap gear
deployment speed and would be
consistent with the existing regulations
for vessels greater than or equal to 55 ft
(16.8 m) LOA.
A portion of the vessels participating
in this fishery use floated longline gear.
Floats are attached to the mainline at
the midpoint between the weights that
sink the gear to the seafloor. The floats
elevate the mainline off the seafloor to
minimize depredation by ‘‘sea lice’’
(isopods) and hagfish, which can occur
when baited hooks are immobile on the
seafloor. The Analysis found that
because of the slower sink rate of floated
longline gear, streamer lines are less
effective in minimizing seabird bycatch.
With floated gear, that portion adjacent
to the float, is exposed to seabird attacks
well beyond the extent of the streamer
lines. As part of this action, the Council
considered special seabird bycatch
mitigation measure requirements for
vessels using floated mainline gear (see
Section 3.7 of the Analysis) due to
differences in the length of gear within
potential bird strike depths beyond the
normal extent of streamer lines.
Specifically, the Council considered
whether to only allow vessels using this
gear type to set at night. However, due
to safety concerns raised during the
analysis of the action, difficulty in
assessing the number of participants
this action would affect because of data
limitations, and concerns about the
burden such a requirement would place
on vessels that may typically only
conduct day trips, the Council did not
recommend special requirements for
floated mainline gear at this time.
However, the Council acknowledged
concerns with the effectiveness of
streamer lines for reducing seabird
interactions for floated mainline gear
and requested NMFS and the industry
collaborate on research on strategies to
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modify floated mainline gear so that
streamer lines are more effective, or
adjust the configuration of streamer
lines to make them more effective for
floated mainline gear. NMFS intends to
pursue further research both to meet the
Council’s recommendation and to fulfill
the terms and conditions of the
Biological Opinion, which directs
NMFS to conduct research that
investigates new or improved methods
of reducing bycatch of short-tailed
albatross that are safe and effective
within the longline fishery. This term
and condition also specifically notes
that NMFS should pursue research on
the effect of floating gear on albatross
bycatch and improved methods to
minimize risk of bycatch.
The Biological Opinion requires that
the streamer line configurations of this
action be consistent with the Alaska
streamer line regulations (50 CFR
679.24(e)). To meet this term and
condition, this proposed rule would
require the following configurations of
streamer lines for vessels greater than or
equal to 26 ft (7.9 m) and less than 55
ft (16.8 m) LOA.
Vessels with mast, poles, and rigging
and not using snap gear would be
required to deploy a single streamer
line. The single streamer line must:
1. Be a minimum of 300 ft (91.4 m)
in length;
2. Have streamers spaced every 16.4 ft
(5 m);
3. Be deployed before the first hook is
set in such a way that streamers are in
the air for a minimum of 131.2 ft (40 m)
aft of the stern and within 6.6 ft (2 m)
horizontally of the point where the main
groundline enters the water;
4. Have individual streamers that
hang attached to the mainline to 9.8 in
(0.25 m) above the waterline in the
absence of wind;
5. Have at least eight streamers out of
the water aft of the vessel; and
6. Have streamers constructed of
material that is brightly colored, UVprotected plastic tubing or 3⁄8 inch
polyester line or material of an
equivalent density.
Vessels with mast, poles, and rigging
and using snap gear must deploy a
single streamer line. The single streamer
line must:
1. Be a minimum of 147.6 ft (45 m)
in length;
2. Have streamers spaced every 16.4 ft
(5 m);
3. Be deployed before the first hook is
set in such a way that streamers are in
the air for a minimum of 65.6 ft (20 m)
aft of the stern and within 6.6 ft (2 m)
horizontally of the point where the main
groundline enters the water;
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4. Have individual streamers that
hang attached to the mainline to 9.8 in
(0.25 m) above the waterline in the
absence of wind;
5. Have at least four streamers out of
the water aft of the vessel; and
6. Have streamers constructed of
material that is brightly colored, UVprotected plastic tubing or 3⁄8 inch
polyester line or material of an
equivalent density.
Vessels without mast, poles, and
rigging must deploy at least one buoy
bag line:
1. A buoy bag line consists of two
components: A length of line (without
streamers attached) and one or more
float devices at the terminal end.
2. Have a buoy bag line that hangs
over the area where baited hooks may be
accessible to seabirds, which is
generally within 6.5 feet (2 m) of the sea
surface.
This proposed rule would exempt all
Pacific coast groundfish vessels subject
to seabird avoidance requirements from
streamer line requirements when night
setting. This proposed rule would
define night setting as deployment of
gear between civil dusk (defined as one
hour after local sunset) and civil dawn
(defined as one hour before local
sunrise). As described in Section 3.7.1.1
of the Analysis, deploying gear between
civil dusk and civil dawn is an effective
seabird bycatch mitigation measure due
to the primarily day-time foraging
patterns of short-tailed albatross. This
exemption would apply to all sizes of
vessels; it therefore would create a new
exemption for the vessels greater than or
equal to 55 ft (16.8 m) LOA that have
been subject to streamer line
requirements since 2015.
Finally, this proposed rule would
include weather safety exemptions due
to the risk of entanglement of streamer
lines in fishing gear in high winds.
Currently, vessels greater than or equal
to 55 ft (16.8 m) LOA are exempt from
deploying streamer lines when fishing
in an area under a National Weather
Service (NWS) Gale warning (winds 34
to 47 knots). This proposed rule would
create a weather safety exemption for
vessels greater than or equal to 26 ft (7.9
m) and less than 55 ft (16.8 m) LOA
when fishing in an area under a NWS
Small Craft Advisory (winds 21 to 33
knots) or in an area seaward of such an
area.
Anticipated Effects of This Proposed
Rule
This proposed rule would reduce the
likelihood of interactions between
seabirds and groundfish longline vessels
and therefore reduce the risk of seabird
bycatch in this fishery, specifically for
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endangered short-tailed albatross
(Section 3.7.1.1 of the Analysis). As
enumerated in Section 3.5.2 of the
Analysis, this proposed rule would
annually affect, on average, 199 vessels
greater than or equal to 26 ft (7.9 m) and
less than 55 ft (16.8 m) LOA that would
be subject to streamer line or night
setting requirements. Additionally, this
proposed rule would annually affect, on
average, 22 vessels greater than or equal
to 55 ft (16.8 m) LOA that would be
exempt from the use of streamer lines
when night setting.
Under this proposed rule, vessels
greater than or equal to 26 ft (7.9 m) and
less than 55 ft (16.8 m) LOA would need
to obtain and use a streamer line when
setting their gear. A single streamer line
costs around $125 in materials and
labor. As part of this action, Oregon Sea
Grant is distributing a number of
streamer lines free of charge to fishery
participants (Section 3.7.2.1 of the
Analysis). Streamer lines may have to be
replaced over time depending on wear
and tear. Vessels may also choose to
night set in lieu of obtaining and using
a streamer line. If a vessel were not
already equipped to night set, new or
upgraded deck lighting may be
necessary (Section 3.7.2.1 of the
Analysis). There may be no additional
costs borne by fishery participants
subject to this proposed rule if
participants obtain a free streamer line
or are already equipped for night
setting. Conversely, participants may be
required to purchase a streamer line or
deck lighting to facilitate night setting.
Using streamer lines adds to the
complexity of deploying the gear. This
would result in a modest increase in
indirect cost (any additional labor
involved in deploying streamer lines)
and there is a small risk of the streamer
lines entangling in the fishing gear if
deployed improperly, which could
reduce fishing time and thus catch
(Section 3.7.3.1 of the Analysis).
Relative to night setting, reduced
visibility at night could make it more
difficult to operate the vessel and
conduct fishing operations. However,
many vessels both small and large
participating in the fishery make multiday trips (see Section 3.5.5 of the
Analysis) and some vessels already set
gear at night, suggesting that the impact
of voluntarily operating at night would
be minimal (Section 3.7.3.1 of the
Analysis). The Coast Guard requires
navigation lights for all power-driven
vessels (as defined in 33 CFR 83.26),
regardless of whether the vessels
exclusively operate during the day.
Additionally, the Coast Guard provides
recommendations for determining safe
speeds for daytime and nighttime
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operations (https://
www.navcen.uscg.gov/pdf/navRules/
navrules.pdf). Assuming vessels were
following these requirements and
guidance, vessels practicing prudent
judgement could operate safely at night.
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Information Solicited
Public comment is sought on all
aspects of this proposed rule. In
particular, NMFS is requesting
information on implementing a weather
exemption for vessels greater than or
equal to 26 ft (7.9 m) and less than 55
ft (16.8 m) LOA and whether the
inclusion of areas seaward of a small
craft wind advisory in a weather-based
exemption from streamer line use is
appropriate and understandable. See
ADDRESSES above for information on
how to submit a comment.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the
FMP, other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
There are no relevant federal rules
that may duplicate, overlap, or conflict
with this action.
An initial regulatory flexibility
analysis (IRFA) was prepared for this
action, as required by section 603 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 603). The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, and the legal basis for
this action is contained in the SUMMARY
section and at the beginning of the
SUPPLEMENTARY INFORMATION section of
the preamble. A summary of the IRFA
follows. A copy of the IRFA is available
from NMFS (see ADDRESSES).
When an agency proposes regulations,
the RFA requires the agency to prepare
and make available for public comment
an IRFA that describes the impact on
small businesses, non-profit enterprises,
local governments, and other small
entities. The IRFA is to aid the agency
in considering all reasonable regulatory
alternatives that would minimize the
economic impact on affected small
entities.
The RFA (5 U.S.C. 601 et seq.)
requires government agencies to assess
the effects that regulatory alternatives
would have on small entities, defined as
any business/organization
independently owned and operated and
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16:52 Sep 11, 2019
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not dominant in its field of operation
(including its affiliates). A small
harvesting business has combined
annual receipts of $11 million or less for
all affiliated operations worldwide. A
small fish-processing business is one
that employs 750 or fewer persons for
all affiliated operations worldwide.
For marinas and charter/party boats, a
small business is one that has annual
receipts not in excess of $7.5 million. A
wholesale business servicing the fishing
industry is a small business if it
employs 100 or fewer persons on a full
time, part time, temporary, or other
basis, at all its affiliated operations
worldwide. A nonprofit organization is
determined to be ‘‘not dominant in its
field of operation’’ if it is considered
small under one of the following Small
Business Administration (SBA) size
standards: Environmental, conservation,
or professional organizations are
considered small if they have combined
annual receipts of $15 million or less,
and other organizations are considered
small if they have combined annual
receipts of $7.5 million or less.
The RFA defines small governmental
jurisdictions as governments of cities,
counties, towns, townships, villages,
school districts, or special districts with
populations of less than 50,000.
Description and Estimate of the Number
of Small Entities to Which the Rule
Applies, and Estimate of Economic
Impacts by Entity Size and Industry
This proposed rule would directly
affect groundfish longline vessels. These
vessels are defined as small entities
based on the criteria provided above.
Baseline information reported in
Section 3.5.2 of the Analysis suggests
that as many as 387 of such vessels
greater than or equal to 26 ft (7.9 m) and
less than 55 ft (16.8 m) LOA could be
subject to the requirement to use
streamer lines or set gear at night. An
additional 37 vessels greater than or
equal to 55 ft (16.8 m) LOA could be
subject to elements of the proposed
action (area exemptions south of 36° N
latitude, night setting option) and also
qualify as small entities. These counts
are the maximum estimate, as vessels
move in and out of the fishery between
years.
There is not a strict one-to-one
correlation between vessels and entities;
some persons or firms likely have
ownership interests in more than one
vessel. Furthermore, as discussed in
Section 3.5.4 of the Analysis, most of
these vessels had a relatively low level
of participation in the fishery during the
baseline period, although in principal
any level of participation would trigger
seabird avoidance requirements
PO 00000
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Fmt 4702
Sfmt 4702
(streamer line use, night setting). Given
these factors, the actual number of
entities regulated by this action could be
lower than the preceding estimates.
Description of Proposed Reporting,
Record-Keeping, and Other Compliance
Requirements of This Proposed Rule
There are no proposed reporting or
record-keeping requirements with this
proposed rule. All longline vessels,
whether classified as small or not,
would be subject to new compliance
requirements under this proposed rule
to either use streamer lines or night set
in order to reduce seabird interactions.
Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
The proposed regulations do not
create overlapping regulations with any
state regulations or other federal laws.
A Description of any Significant
Alternatives to the Proposed Rule That
Accomplish the Stated Objectives of
Applicable Statutes and That Minimize
any Significant Economic Impact of the
Proposed Rule on Small Entities
There are no significant alternatives to
the proposed rule that would
accomplish the stated objectives in a
way that would reduce economic
impacts of the proposed rule on small
entities. This action responds to a nondiscretionary term and condition in the
2017 USFWS Biological Opinion, which
specifies the mitigation measures that
must be implemented to reduce the risk
of short-tailed albatross takes. For that
reason, there are no significant
alternatives to the proposed action
evaluated in this IRFA.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: September 6, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Program, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be amended as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
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.
2. In § 660.21, revise paragraphs (b),
(b)(1), (c)(1) through (3), to read as
follows:
■
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§ 660.21
Seabird Avoidance Program.
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*
*
*
*
*
(b) Applicability. The requirements
specified in paragraph (c) of this section
apply to the following fishing vessels
when operating within the EEZ north of
36° N latitude:
(1) Vessels greater than or equal to 26
ft (7.9 m) LOA engaged in commercial
fishing for groundfish with bottom
longline gear, including snap gear, as
defined under ‘‘Fishing gear’’ in
§ 660.11, including those operating
under the gear switching provisions of
the Limited Entry Trawl Fishery,
Shorebased IFQ Program as specified in
§ 660.140(k), or those operating under
the limited entry fixed gear fishery in
subpart E or under the open access
fishery in subpart F of this part, except
as provided in paragraphs (b)(2) of this
section.
*
*
*
*
*
(c) * * *
(1) General Requirements. The
operator of a vessel described in
paragraph (b)(1) of this section must
comply with the following
requirements, unless operating under
the provisions of paragraph (c)(3) of this
section:
(i) Gear onboard. Have onboard the
vessel seabird avoidance gear meeting
the material standards specified in
paragraph (c)(1)(iv) of this section and
in accordance to the vessel size and gear
type specific requirements as specified
in paragraph (c)(2) of this section.
(ii) Gear inspection. Upon request by
an authorized officer or observer, make
the seabird avoidance gear available for
inspection.
(iii) Gear use. Use seabird avoidance
gear as specified in paragraph (c)(2) of
this section that meets the material
standards specified in paragraph
(c)(1)(iv) of this section while bottom
longline and snap gears are being
deployed.
(iv) Material standards for all streamer
lines. All streamer lines must:
(A) Have streamers spaced every 16.4
ft (5 m).
(B) Have individual streamers that
hang attached to the mainline to 9.8 in
(0.25 m) above the waterline in the
absence of wind.
(C) Have streamers constructed of
material that is brightly colored, UVprotected plastic tubing or 3⁄8 inch
polyester line or material of an
equivalent density.
(v) Handling of hooked short-tailed
albatross. If a short-tailed albatross is
hooked or entangled by a vessel, owners
and operators must ensure that the
following actions are taken:
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16:52 Sep 11, 2019
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(A) Stop the vessel to reduce the
tension on the line and bring the bird on
board the vessel using a dip net;
(B) Determine if the bird is alive or
dead.
(C) If alive, follow these instructions:
(1) Cover the bird with a towel to
protect its feathers from oils or damage
while being handled;
(2) Remove any entangled lines or
hooks from the bird without further
injuring the bird;
(3) Place the bird in a safe enclosed
place;
(4) If the hook has been ingested or is
inaccessible, keep the bird in a safe,
enclosed place and submit it to NMFS
or the U.S. Fish and Wildlife
immediately upon the vessel’s return to
port. Do not give the bird food or water.
(5) Assess whether the bird meets the
following criteria for release:
(i) Able to hold its head erect and
respond to noise and motion stimuli;
(ii) Able to breathe without noise;
(iii) Capable of flapping and retracting
both wings to normal folded position on
its back;
(iv) Able to stand on both feet with
toes pointed forward; and
(v) Feathers are dry.
(6) If bird does not meet criteria for
release:
(i) Immediately contact NMFS or the
U.S. Fish and Wildlife Service at the
numbers listed on the West Coast
Seabird Avoidance Measures flyer and
request veterinary guidance;
(ii) Follow the veterinary guidance
regarding the handling and release of
the bird.
(D) If dead, freeze the bird
immediately with an identification tag
attached directly to the specimen listing
the species, location and date of
mortality, and band number if the bird
has a leg band. Attach a duplicate
identification tag to the bag or container
holding the bird. Any leg bands present
must remain on the bird. Contact NMFS
or the U.S. Fish and Wildlife Service at
the numbers listed on the West Coast
Seabird Avoidance Measures flyer,
inform them that you have a dead shorttailed albatross on board, and submit
the bird to NMFS or the U.S. Fish and
Wildlife within 72 hours following
completion of the fishing trip.
(E) All incidents involving the
hooking of short-tailed albatross must be
reported to U.S. Fish and Wildlife
Service Law Enforcement by the vessel
operator within 72 hours of taking an
albatross by phoning 360–753–7764
(WA); 503–682–6131 (OR); or 916–414–
6660 (CA).
(F) If a NMFS observer is on board at
the time of a hooking event, the observer
shall be responsible for the disposition
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
48099
of any captured short-tailed albatross
and for reporting to U.S. Fish and
Wildlife Service Law Enforcement.
Otherwise, the vessel operator shall be
responsible.
(2) Gear Requirements and
Performance Standards. The operator of
a vessel identified in paragraph (b)(1) of
this section must comply with the
following gear requirements:
(i) For vessels with masts, poles, or
rigging using snap gear as defined at
§ 660.11, the following requirements
apply:
(A) Vessels must deploy a minimum
of a single streamer line in accordance
with the requirements of paragraphs
(c)(1)(iv) of this section, except as
provided in paragraph (c)(2)(iv) of this
section.
(B) Streamer lines must be a
minimum length of 147.6 ft (45 m).
(C) Streamer lines must be deployed
so that streamers are in the air a
minimum of 65.6 ft (20 m) aft of the
stern and within 6 ft 7 in (2 m)
horizontally of the point where the main
groundline enters the water before the
first hook is set. A minimum of 4
streamers must be out of the water aft
of the stern.
(ii) For vessels with masts, poles, or
rigging using bottom longline other than
snap gear, as defined under 660.11
‘‘Fishing Gear’’ paragraph (6)(B), the
following requirements apply:
(A) Streamer lines must be a
minimum length of 300 feet (91.4 m).
(B) The number of streamer lines
required and the streamer line
deployment requirements vary by vessel
length as follows:
(1) Vessels greater than or equal to 26
feet (7.9 m) and less than 55 feet (16.8
m) LOA must use a minimum of one
streamer line. Streamer line must be
deployed before the first hook is set in
such a way that streamers are in the air
for a minimum of 131.2 ft (40 m) aft of
the stern and within 6.6 ft (2 m)
horizontally of the point where the main
groundline enters the water. A
minimum of 8 streamers must be out of
the water aft of the stern.
(2) Vessels greater than or equal to 55
feet (16.8 m) LOA must use paired
streamer lines. At least one streamer
line must be deployed before the first
hook is set in such a way that streamers
are in the air for a minimum of 131.2 ft
(40 m) aft of the stern and within 6.6 ft
(2 m) horizontally of the point where
the main groundline enters the water. A
minimum of 8 streamers must be out of
the water aft of the stern. The second
streamer line must be deployed within
90 seconds thereafter.
(i) For vessels deploying gear from the
stern, the streamer lines must be
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deployed from the stern, one on each
side of the main groundline.
(ii) For vessels deploying gear from
the side, the streamer lines must be
deployed from the stern, one over the
main groundline and the other on one
side of the main groundline.
(iii) Vessels without masts, poles, or
rigging. A minimum of 1 buoy bag line
must be used by vessels without
superstructure, including masts, poles,
or rigging. The buoy bag line must hang
over the area where baited hooks may be
accessible to seabirds, which is
generally within 6.5 feet (2 m) of the sea
surface.
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(iv) The following weather safety
exemptions apply, based on vessel
length:
(A) Vessels greater than or equal to 26
feet (7.9 m) and less than 55 feet (16.8
m) LOA are exempted from the
requirements of paragraph (c)(1)(iii) of
this section when a National Weather
Service Small Craft Advisory for Winds
is in effect, or other National Weather
Service Advisory for wind speeds
exceeding those that trigger a Small
Craft Advisory for Winds. This
exemption applies only during the time
and within the area indicated in the
National Weather Service Weather
Advisory or in an area seaward of such
an area.
PO 00000
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Fmt 4702
Sfmt 9990
(B) Vessels 55 feet and longer (16.8 m)
LOA are exempted from the
requirements of paragraph (c)(1)(iii) of
this section when a National Weather
Service Gale Warning is in effect. This
exemption applies only during the time
and within the area indicated in the
National Weather Service Gale Warning.
(3) Night setting. The operator of a
vessel described in paragraph (b)(1) of
this section, that begins and completes
deployment of gear between one hour
after local sunset and one hour before
local sunrise is exempt from the
provisions of paragraphs (c)(1) and (c)(2)
of this section.
[FR Doc. 2019–19705 Filed 9–11–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Proposed Rules]
[Pages 48094-48100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19705]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 190906-0023]
RIN 0648-BI99
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Seabird Bycatch Avoidance Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would require commercial groundfish bottom
longline vessels 26 feet length overall and longer managed under the
Pacific Coast Groundfish Fishery Management Plan to deploy streamer
lines or to set gear between civil dusk and civil dawn when fishing in
Federal waters north of 36[deg] North latitude. The action is necessary
to fulfill terms and conditions of a 2017 United States Fish and
Wildlife Service Biological Opinion to minimize incidental take of
Endangered Species Act-listed short-tailed albatross (Phoebastria
albatrus) by vessels in the
[[Page 48095]]
Pacific Coast groundfish fishery. This proposed rule is intended to
promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act, the Pacific Coast Groundfish Fishery
Management Plan, and other applicable laws, including the Endangered
Species Act.
DATES: Comments must be received by October 15, 2019.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0063, by
either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0063, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Barry A. Thom, Regional
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115-0070. Attn: Keeley Kent.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record and NMFS will post for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender is publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
Electronic Access
This rule is accessible via the Office of the Federal Register
website at https://www.federalregister.gov/. Background information and
documents including a Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (Analysis), which addresses the statutory
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), Presidential Executive Order
12866, and the Regulatory Flexibility Act are available at the NMFS
West Coast Region website at https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/ and at the Pacific Fishery Management
Council's website at https://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655, or
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background and Need for Action
The purpose of this proposed rule is to reduce interactions between
seabirds, especially Endangered Species Act-listed species, and
groundfish longline gear. Seabirds are known to dive on baited hooks
near the sea surface when fishing vessels deploy longline gear. Birds
can become entangled with, or hooked by, the gear and drown.
Streamer lines, also known as tori lines, bird scaring lines, or
bait saver lines, have been shown to deter seabirds from the fishing
gear groundline for a distance beyond the stern of the vessel
sufficient for the groundline to sink to a depth where bait is no
longer accessible to diving birds (Section 1.2 of the Analysis).
The streamer line is a line that extends from a high point on a
vessel (a mast, pole, or rigging) near the stern of the vessel to a
drogue (usually a buoy with a weight, such as a section of chain). As
the vessel moves forward, the drogue creates tension in the line,
producing a span of area from the stern where the streamer line is
aloft. The aloft section includes streamers made of UV protected,
brightly colored tubing spaced every 16 feet (ft) (5 meters (m)).
Streamers must be heavy enough to maintain a near-vertical fence in
moderate to high winds. Individual streamers extend to the water to
prevent aggressive birds from getting to the groundline and interacting
with hooks. Streamer lines have been effective at reducing seabird
bycatch in fisheries throughout the world, including Alaskan fisheries
that are similar to Pacific Coast groundfish fisheries.
In limited instances, a buoy bag line may be used in place of a
streamer line. Vessels without mast, poles, and rigging must deploy at
least one buoy bag line. A buoy bag line extends from a high point on
the vessel to a drogue (a buoy with a weight, such as a section of
chain). The buoy bag line hangs over the area where baited hooks may be
accessible to seabirds, which is generally within 6.5 feet (2 m) of the
sea surface.
On the West Coast, longline vessels fishing under the Pacific Coast
Groundfish Fishery Management Plan (FMP) interact with short-tailed
albatross, which are listed as endangered under the Endangered Species
Act (ESA). Short-tailed albatross typically only dive to depths of 6.6
ft (2 m) when feeding. A 2012 U.S. Fish and Wildlife Service (USFWS)
Biological Opinion on the continued operation of the Pacific Coast
groundfish fishery required vessels 55 ft (16.8 m) and longer length
overall (LOA) using bottom longline gear (as defined in 50 CFR 660.11)
to use streamer lines (80 FR 71975; November 18, 2015). Smaller vessels
were not included in the requirement. However, research since then has
shown that vessel size is not a limiting factor on seabird interactions
(USFWS Biological Opinion 2017).
In 2015, the Pacific Fishery Management Council's (Council)
Groundfish Endangered Species Act Workgroup estimated that incidental
take of short-tailed albatross in groundfish longline fisheries
exceeded the incidental take level allowed in the 2012 Biological
Opinion (Section 1.2 of the Analysis). Thus, NMFS reinitiated
consultation in 2016 with the USFWS pursuant to Section 7 of the ESA.
On May 2, 2017, USFWS published its new Biological Opinion on the
fishery. The Incidental Take Statement (ITS) in the Biological Opinion
lists nondiscretionary terms and conditions, one of which requires NMFS
to amend the fishery regulations to require vessels fishing for
groundfish in Federal waters that use longline gear to:
(i) Employ streamer lines in the commercial longline fishery of the
Pacific Coast Ground Fishery consistent with the Alaska streamer line
regulations for Federal waters, including the use of single streamer
lines on boats 26-55 feet (7.9-16.8 m) in length, or
(ii) Set longlines after civil sunset.
The ITS requires that NMFS implement these regulation changes as soon
as practical, but initiation of implementation shall not exceed a
three-year period after the date of the Biological Opinion.
The Council evaluated the requirements of the ITS and analyzed an
action to amend the regulations implementing the FMP to address seabird
bycatch in the fishery at its November 2018, April 2019, and June 2019
meetings. The Council recommended a preferred alternative at its April
2019 meeting and took final action in June 2019. NMFS is proposing
modifications to the existing Seabird Avoidance Program regulations for
the Pacific Coast groundfish fishery through this proposed rule to
incorporate the Council's recommendation.
Description of the Pacific Coast Groundfish Longline Fishery
As described in Section 3.5.1 of the Analysis, groundfish longline
vessels are grouped into the following four fisheries:
(1) Vessels with a sablefish fixed gear endorsed Federal groundfish
limited entry permit may participate in the primary sablefish fishery
with vessel-
[[Page 48096]]
specific sablefish catch limits assigned according to permit
possession;
(2) Vessels with fixed gear endorsed Federal groundfish limited
entry permit but without the sablefish endorsement;
(3) Vessels with a trawl endorsed groundfish limited entry permit
participate in the Shorebased Individual Fishing Quota (IFQ) Program
fishery and may use any legal groundfish gear. A portion of vessels
possessing these endorsed permits and the necessary quota pounds use
longline gear to catch sablefish (``gear switchers''). From an
operational standpoint these vessels are comparable to the limited
entry category described above; and,
(4) Vessels without a Federal permit are subject to daily and
weekly trip limits for groundfish species. Vessels without a Federal
permit participate in the open access fishery, and are subject to state
permitting requirements as applicable.
Overlapping with these permit categories, vessels may be described
as participating in the non-nearshore or nearshore fishery. The non-
nearshore fishery principally targets sablefish on the continental
slope and may also land other associated species such as thornyheads.
The nearshore fishery, as the name implies, fishes closer to shore and
primarily in state waters, principally landing various rockfish species
(Section 3.5.1 of the Analysis). The 2017 Biological Opinion excluded
any groundfish fisheries in state waters from the proposed action,
therefore this proposed rule only applies to vessels fishing in federal
waters, delineated as the exclusive economic zone, 3-200 nautical miles
(5.6-370.4 kilometers) from shore.
Section 3.5.2 of the Analysis indicates that 37 large vessels
(vessels greater than or equal to 55 ft (16.8 m) LOA) and 387 small
vessels (vessels greater than or equal to 26 ft (7.9 m) and less than
55 ft (16.8 m) LOA) participated in the non-nearshore fishery using
longline gear during the 2013-2017 baseline period. During the baseline
period, the Analysis found a considerable amount of variation in the
number of participating vessels from year to year, especially in the
small vessel category. On average, 22 large vessels and 199 small
vessels participated in these federal fisheries annually, suggesting
that vessels move in and out of the fishery over time.
Section 3.5.4 of the Analysis compares annual engagement levels to
annual revenues for small and large vessels participating in the non-
nearshore fishery. The Analysis indicates that most of the vessels
participating in this fishery make relatively few trips annually. In
terms of the number of trips, 80 percent of small vessels and 90
percent of large vessels make 10 or fewer trips per year. Despite the
low apparent level of participation, the Analysis found that most
vessels earn the majority of their annual revenue from this fishery. In
terms of annual revenue, 77 percent of small vessels and 73 percent of
large vessels derive 90 percent or more of total ex-vessel revenue from
the fishery annually. The primary ports of landing for these vessels
from 2013 to 2017 were Monterey, Fort Bragg, CA; Brookings, Coos Bay,
Newport, OR; and ports on the south and central coast of Washington
(Section 3.5.6 of the Analysis).
Proposed Seabird Bycatch Avoidance Measures
This proposed rule would amend the existing Seabird Avoidance
Program regulations for the Pacific Coast groundfish fishery at 50 CFR
660.21 to implement the requirements of the 2017 USFWS Biological
Opinion. The existing Seabird Avoidance Program regulations apply to
vessels greater than or equal to 55 ft (16.8 m) LOA engaged in
commercial fishing for groundfish with bottom longline gear. Vessels
using snap gear must deploy a minimum of a single streamer line.
Vessels not using snap gear must deploy paired stream lines. Pacific
Coast treaty Indian fisheries and anglers engaged in recreational
fishing for groundfish are exempt from the regulations. The existing
regulations also exempt vessels when a National Weather Service Gale
Warning is in effect.
This proposed rule would extend the streamer line requirements
currently in place for vessels greater than or equal to 55 ft (16.8 m)
LOA to vessels greater than or equal to 26 ft (7.9 m) and less than 55
ft (16.8 m) LOA using bottom longline gear, as defined under 50 CFR
660.11, when fishing north of 36[deg] N latitude. This proposed rule
would also exempt all Pacific coast groundfish vessels subject to
seabird avoidance requirements from streamer line requirements when
night setting and exempt vessels greater than or equal to 26 ft (7.9 m)
and less than 55 ft (16.8 m) LOA from using streamer lines when a small
craft advisory is declared. This section details the features of the
proposed expanded seabird bycatch avoidance measures.
The Council recommended exempting vessels fishing south of 36[deg]
N latitude due to the rare presence of short-tailed albatross in this
area, and as a result, decreased likelihood of interaction with fishing
gear. This exemption would apply to all sizes of vessels; therefore, it
would create a new exemption for the vessels greater than or equal to
55 ft (16.8 m) LOA that have been subject to streamer line requirements
since 2015.
Bottom longline gear includes snap gear, which is a variant of this
gear type in which the gangion and hook are attached to the groundline
by means of a mechanical fastener or snap, usually during gear
deployment. Because vessel operators may snap the gangion and hook to
the groundline during deployment, this gear configuration often means
that vessels deploy the gear at a slower speed than standard bottom
longline gear. This action would require a different streamer line
configuration for vessels using snap gear that are greater than or
equal to 26 ft (7.9 m) and less than 55 ft (16.8 m) LOA to accommodate
the slower snap gear deployment speed and would be consistent with the
existing regulations for vessels greater than or equal to 55 ft (16.8
m) LOA.
A portion of the vessels participating in this fishery use floated
longline gear. Floats are attached to the mainline at the midpoint
between the weights that sink the gear to the seafloor. The floats
elevate the mainline off the seafloor to minimize depredation by ``sea
lice'' (isopods) and hagfish, which can occur when baited hooks are
immobile on the seafloor. The Analysis found that because of the slower
sink rate of floated longline gear, streamer lines are less effective
in minimizing seabird bycatch. With floated gear, that portion adjacent
to the float, is exposed to seabird attacks well beyond the extent of
the streamer lines. As part of this action, the Council considered
special seabird bycatch mitigation measure requirements for vessels
using floated mainline gear (see Section 3.7 of the Analysis) due to
differences in the length of gear within potential bird strike depths
beyond the normal extent of streamer lines. Specifically, the Council
considered whether to only allow vessels using this gear type to set at
night. However, due to safety concerns raised during the analysis of
the action, difficulty in assessing the number of participants this
action would affect because of data limitations, and concerns about the
burden such a requirement would place on vessels that may typically
only conduct day trips, the Council did not recommend special
requirements for floated mainline gear at this time. However, the
Council acknowledged concerns with the effectiveness of streamer lines
for reducing seabird interactions for floated mainline gear and
requested NMFS and the industry collaborate on research on strategies
to
[[Page 48097]]
modify floated mainline gear so that streamer lines are more effective,
or adjust the configuration of streamer lines to make them more
effective for floated mainline gear. NMFS intends to pursue further
research both to meet the Council's recommendation and to fulfill the
terms and conditions of the Biological Opinion, which directs NMFS to
conduct research that investigates new or improved methods of reducing
bycatch of short-tailed albatross that are safe and effective within
the longline fishery. This term and condition also specifically notes
that NMFS should pursue research on the effect of floating gear on
albatross bycatch and improved methods to minimize risk of bycatch.
The Biological Opinion requires that the streamer line
configurations of this action be consistent with the Alaska streamer
line regulations (50 CFR 679.24(e)). To meet this term and condition,
this proposed rule would require the following configurations of
streamer lines for vessels greater than or equal to 26 ft (7.9 m) and
less than 55 ft (16.8 m) LOA.
Vessels with mast, poles, and rigging and not using snap gear would
be required to deploy a single streamer line. The single streamer line
must:
1. Be a minimum of 300 ft (91.4 m) in length;
2. Have streamers spaced every 16.4 ft (5 m);
3. Be deployed before the first hook is set in such a way that
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water;
4. Have individual streamers that hang attached to the mainline to
9.8 in (0.25 m) above the waterline in the absence of wind;
5. Have at least eight streamers out of the water aft of the
vessel; and
6. Have streamers constructed of material that is brightly colored,
UV-protected plastic tubing or \3/8\ inch polyester line or material of
an equivalent density.
Vessels with mast, poles, and rigging and using snap gear must
deploy a single streamer line. The single streamer line must:
1. Be a minimum of 147.6 ft (45 m) in length;
2. Have streamers spaced every 16.4 ft (5 m);
3. Be deployed before the first hook is set in such a way that
streamers are in the air for a minimum of 65.6 ft (20 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water;
4. Have individual streamers that hang attached to the mainline to
9.8 in (0.25 m) above the waterline in the absence of wind;
5. Have at least four streamers out of the water aft of the vessel;
and
6. Have streamers constructed of material that is brightly colored,
UV-protected plastic tubing or \3/8\ inch polyester line or material of
an equivalent density.
Vessels without mast, poles, and rigging must deploy at least one
buoy bag line:
1. A buoy bag line consists of two components: A length of line
(without streamers attached) and one or more float devices at the
terminal end.
2. Have a buoy bag line that hangs over the area where baited hooks
may be accessible to seabirds, which is generally within 6.5 feet (2 m)
of the sea surface.
This proposed rule would exempt all Pacific coast groundfish
vessels subject to seabird avoidance requirements from streamer line
requirements when night setting. This proposed rule would define night
setting as deployment of gear between civil dusk (defined as one hour
after local sunset) and civil dawn (defined as one hour before local
sunrise). As described in Section 3.7.1.1 of the Analysis, deploying
gear between civil dusk and civil dawn is an effective seabird bycatch
mitigation measure due to the primarily day-time foraging patterns of
short-tailed albatross. This exemption would apply to all sizes of
vessels; it therefore would create a new exemption for the vessels
greater than or equal to 55 ft (16.8 m) LOA that have been subject to
streamer line requirements since 2015.
Finally, this proposed rule would include weather safety exemptions
due to the risk of entanglement of streamer lines in fishing gear in
high winds. Currently, vessels greater than or equal to 55 ft (16.8 m)
LOA are exempt from deploying streamer lines when fishing in an area
under a National Weather Service (NWS) Gale warning (winds 34 to 47
knots). This proposed rule would create a weather safety exemption for
vessels greater than or equal to 26 ft (7.9 m) and less than 55 ft
(16.8 m) LOA when fishing in an area under a NWS Small Craft Advisory
(winds 21 to 33 knots) or in an area seaward of such an area.
Anticipated Effects of This Proposed Rule
This proposed rule would reduce the likelihood of interactions
between seabirds and groundfish longline vessels and therefore reduce
the risk of seabird bycatch in this fishery, specifically for
endangered short-tailed albatross (Section 3.7.1.1 of the Analysis). As
enumerated in Section 3.5.2 of the Analysis, this proposed rule would
annually affect, on average, 199 vessels greater than or equal to 26 ft
(7.9 m) and less than 55 ft (16.8 m) LOA that would be subject to
streamer line or night setting requirements. Additionally, this
proposed rule would annually affect, on average, 22 vessels greater
than or equal to 55 ft (16.8 m) LOA that would be exempt from the use
of streamer lines when night setting.
Under this proposed rule, vessels greater than or equal to 26 ft
(7.9 m) and less than 55 ft (16.8 m) LOA would need to obtain and use a
streamer line when setting their gear. A single streamer line costs
around $125 in materials and labor. As part of this action, Oregon Sea
Grant is distributing a number of streamer lines free of charge to
fishery participants (Section 3.7.2.1 of the Analysis). Streamer lines
may have to be replaced over time depending on wear and tear. Vessels
may also choose to night set in lieu of obtaining and using a streamer
line. If a vessel were not already equipped to night set, new or
upgraded deck lighting may be necessary (Section 3.7.2.1 of the
Analysis). There may be no additional costs borne by fishery
participants subject to this proposed rule if participants obtain a
free streamer line or are already equipped for night setting.
Conversely, participants may be required to purchase a streamer line or
deck lighting to facilitate night setting.
Using streamer lines adds to the complexity of deploying the gear.
This would result in a modest increase in indirect cost (any additional
labor involved in deploying streamer lines) and there is a small risk
of the streamer lines entangling in the fishing gear if deployed
improperly, which could reduce fishing time and thus catch (Section
3.7.3.1 of the Analysis). Relative to night setting, reduced visibility
at night could make it more difficult to operate the vessel and conduct
fishing operations. However, many vessels both small and large
participating in the fishery make multi-day trips (see Section 3.5.5 of
the Analysis) and some vessels already set gear at night, suggesting
that the impact of voluntarily operating at night would be minimal
(Section 3.7.3.1 of the Analysis). The Coast Guard requires navigation
lights for all power-driven vessels (as defined in 33 CFR 83.26),
regardless of whether the vessels exclusively operate during the day.
Additionally, the Coast Guard provides recommendations for determining
safe speeds for daytime and nighttime
[[Page 48098]]
operations (https://www.navcen.uscg.gov/pdf/navRules/navrules.pdf).
Assuming vessels were following these requirements and guidance,
vessels practicing prudent judgement could operate safely at night.
Information Solicited
Public comment is sought on all aspects of this proposed rule. In
particular, NMFS is requesting information on implementing a weather
exemption for vessels greater than or equal to 26 ft (7.9 m) and less
than 55 ft (16.8 m) LOA and whether the inclusion of areas seaward of a
small craft wind advisory in a weather-based exemption from streamer
line use is appropriate and understandable. See ADDRESSES above for
information on how to submit a comment.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
There are no relevant federal rules that may duplicate, overlap, or
conflict with this action.
An initial regulatory flexibility analysis (IRFA) was prepared for
this action, as required by section 603 of the Regulatory Flexibility
Act (RFA) (5 U.S.C. 603). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action is contained in the SUMMARY section and at the beginning of the
SUPPLEMENTARY INFORMATION section of the preamble. A summary of the
IRFA follows. A copy of the IRFA is available from NMFS (see
ADDRESSES).
When an agency proposes regulations, the RFA requires the agency to
prepare and make available for public comment an IRFA that describes
the impact on small businesses, non-profit enterprises, local
governments, and other small entities. The IRFA is to aid the agency in
considering all reasonable regulatory alternatives that would minimize
the economic impact on affected small entities.
The RFA (5 U.S.C. 601 et seq.) requires government agencies to
assess the effects that regulatory alternatives would have on small
entities, defined as any business/organization independently owned and
operated and not dominant in its field of operation (including its
affiliates). A small harvesting business has combined annual receipts
of $11 million or less for all affiliated operations worldwide. A small
fish-processing business is one that employs 750 or fewer persons for
all affiliated operations worldwide.
For marinas and charter/party boats, a small business is one that
has annual receipts not in excess of $7.5 million. A wholesale business
servicing the fishing industry is a small business if it employs 100 or
fewer persons on a full time, part time, temporary, or other basis, at
all its affiliated operations worldwide. A nonprofit organization is
determined to be ``not dominant in its field of operation'' if it is
considered small under one of the following Small Business
Administration (SBA) size standards: Environmental, conservation, or
professional organizations are considered small if they have combined
annual receipts of $15 million or less, and other organizations are
considered small if they have combined annual receipts of $7.5 million
or less.
The RFA defines small governmental jurisdictions as governments of
cities, counties, towns, townships, villages, school districts, or
special districts with populations of less than 50,000.
Description and Estimate of the Number of Small Entities to Which the
Rule Applies, and Estimate of Economic Impacts by Entity Size and
Industry
This proposed rule would directly affect groundfish longline
vessels. These vessels are defined as small entities based on the
criteria provided above. Baseline information reported in Section 3.5.2
of the Analysis suggests that as many as 387 of such vessels greater
than or equal to 26 ft (7.9 m) and less than 55 ft (16.8 m) LOA could
be subject to the requirement to use streamer lines or set gear at
night. An additional 37 vessels greater than or equal to 55 ft (16.8 m)
LOA could be subject to elements of the proposed action (area
exemptions south of 36[deg] N latitude, night setting option) and also
qualify as small entities. These counts are the maximum estimate, as
vessels move in and out of the fishery between years.
There is not a strict one-to-one correlation between vessels and
entities; some persons or firms likely have ownership interests in more
than one vessel. Furthermore, as discussed in Section 3.5.4 of the
Analysis, most of these vessels had a relatively low level of
participation in the fishery during the baseline period, although in
principal any level of participation would trigger seabird avoidance
requirements (streamer line use, night setting). Given these factors,
the actual number of entities regulated by this action could be lower
than the preceding estimates.
Description of Proposed Reporting, Record-Keeping, and Other Compliance
Requirements of This Proposed Rule
There are no proposed reporting or record-keeping requirements with
this proposed rule. All longline vessels, whether classified as small
or not, would be subject to new compliance requirements under this
proposed rule to either use streamer lines or night set in order to
reduce seabird interactions.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
The proposed regulations do not create overlapping regulations with
any state regulations or other federal laws.
A Description of any Significant Alternatives to the Proposed Rule That
Accomplish the Stated Objectives of Applicable Statutes and That
Minimize any Significant Economic Impact of the Proposed Rule on Small
Entities
There are no significant alternatives to the proposed rule that
would accomplish the stated objectives in a way that would reduce
economic impacts of the proposed rule on small entities. This action
responds to a non-discretionary term and condition in the 2017 USFWS
Biological Opinion, which specifies the mitigation measures that must
be implemented to reduce the risk of short-tailed albatross takes. For
that reason, there are no significant alternatives to the proposed
action evaluated in this IRFA.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 6, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Program, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be 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. 660.21, revise paragraphs (b), (b)(1), (c)(1) through (3),
to read as follows:
[[Page 48099]]
Sec. 660.21 Seabird Avoidance Program.
* * * * *
(b) Applicability. The requirements specified in paragraph (c) of
this section apply to the following fishing vessels when operating
within the EEZ north of 36[deg] N latitude:
(1) Vessels greater than or equal to 26 ft (7.9 m) LOA engaged in
commercial fishing for groundfish with bottom longline gear, including
snap gear, as defined under ``Fishing gear'' in Sec. 660.11, including
those operating under the gear switching provisions of the Limited
Entry Trawl Fishery, Shorebased IFQ Program as specified in Sec.
660.140(k), or those operating under the limited entry fixed gear
fishery in subpart E or under the open access fishery in subpart F of
this part, except as provided in paragraphs (b)(2) of this section.
* * * * *
(c) * * *
(1) General Requirements. The operator of a vessel described in
paragraph (b)(1) of this section must comply with the following
requirements, unless operating under the provisions of paragraph (c)(3)
of this section:
(i) Gear onboard. Have onboard the vessel seabird avoidance gear
meeting the material standards specified in paragraph (c)(1)(iv) of
this section and in accordance to the vessel size and gear type
specific requirements as specified in paragraph (c)(2) of this section.
(ii) Gear inspection. Upon request by an authorized officer or
observer, make the seabird avoidance gear available for inspection.
(iii) Gear use. Use seabird avoidance gear as specified in
paragraph (c)(2) of this section that meets the material standards
specified in paragraph (c)(1)(iv) of this section while bottom longline
and snap gears are being deployed.
(iv) Material standards for all streamer lines. All streamer lines
must:
(A) Have streamers spaced every 16.4 ft (5 m).
(B) Have individual streamers that hang attached to the mainline to
9.8 in (0.25 m) above the waterline in the absence of wind.
(C) Have streamers constructed of material that is brightly
colored, UV-protected plastic tubing or \3/8\ inch polyester line or
material of an equivalent density.
(v) Handling of hooked short-tailed albatross. If a short-tailed
albatross is hooked or entangled by a vessel, owners and operators must
ensure that the following actions are taken:
(A) Stop the vessel to reduce the tension on the line and bring the
bird on board the vessel using a dip net;
(B) Determine if the bird is alive or dead.
(C) If alive, follow these instructions:
(1) Cover the bird with a towel to protect its feathers from oils
or damage while being handled;
(2) Remove any entangled lines or hooks from the bird without
further injuring the bird;
(3) Place the bird in a safe enclosed place;
(4) If the hook has been ingested or is inaccessible, keep the bird
in a safe, enclosed place and submit it to NMFS or the U.S. Fish and
Wildlife immediately upon the vessel's return to port. Do not give the
bird food or water.
(5) Assess whether the bird meets the following criteria for
release:
(i) Able to hold its head erect and respond to noise and motion
stimuli;
(ii) Able to breathe without noise;
(iii) Capable of flapping and retracting both wings to normal
folded position on its back;
(iv) Able to stand on both feet with toes pointed forward; and
(v) Feathers are dry.
(6) If bird does not meet criteria for release:
(i) Immediately contact NMFS or the U.S. Fish and Wildlife Service
at the numbers listed on the West Coast Seabird Avoidance Measures
flyer and request veterinary guidance;
(ii) Follow the veterinary guidance regarding the handling and
release of the bird.
(D) If dead, freeze the bird immediately with an identification tag
attached directly to the specimen listing the species, location and
date of mortality, and band number if the bird has a leg band. Attach a
duplicate identification tag to the bag or container holding the bird.
Any leg bands present must remain on the bird. Contact NMFS or the U.S.
Fish and Wildlife Service at the numbers listed on the West Coast
Seabird Avoidance Measures flyer, inform them that you have a dead
short-tailed albatross on board, and submit the bird to NMFS or the
U.S. Fish and Wildlife within 72 hours following completion of the
fishing trip.
(E) All incidents involving the hooking of short-tailed albatross
must be reported to U.S. Fish and Wildlife Service Law Enforcement by
the vessel operator within 72 hours of taking an albatross by phoning
360-753-7764 (WA); 503-682-6131 (OR); or 916-414-6660 (CA).
(F) If a NMFS observer is on board at the time of a hooking event,
the observer shall be responsible for the disposition of any captured
short-tailed albatross and for reporting to U.S. Fish and Wildlife
Service Law Enforcement. Otherwise, the vessel operator shall be
responsible.
(2) Gear Requirements and Performance Standards. The operator of a
vessel identified in paragraph (b)(1) of this section must comply with
the following gear requirements:
(i) For vessels with masts, poles, or rigging using snap gear as
defined at Sec. 660.11, the following requirements apply:
(A) Vessels must deploy a minimum of a single streamer line in
accordance with the requirements of paragraphs (c)(1)(iv) of this
section, except as provided in paragraph (c)(2)(iv) of this section.
(B) Streamer lines must be a minimum length of 147.6 ft (45 m).
(C) Streamer lines must be deployed so that streamers are in the
air a minimum of 65.6 ft (20 m) aft of the stern and within 6 ft 7 in
(2 m) horizontally of the point where the main groundline enters the
water before the first hook is set. A minimum of 4 streamers must be
out of the water aft of the stern.
(ii) For vessels with masts, poles, or rigging using bottom
longline other than snap gear, as defined under 660.11 ``Fishing Gear''
paragraph (6)(B), the following requirements apply:
(A) Streamer lines must be a minimum length of 300 feet (91.4 m).
(B) The number of streamer lines required and the streamer line
deployment requirements vary by vessel length as follows:
(1) Vessels greater than or equal to 26 feet (7.9 m) and less than
55 feet (16.8 m) LOA must use a minimum of one streamer line. Streamer
line must be deployed before the first hook is set in such a way that
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water. A minimum of 8 streamers must be out of
the water aft of the stern.
(2) Vessels greater than or equal to 55 feet (16.8 m) LOA must use
paired streamer lines. At least one streamer line must be deployed
before the first hook is set in such a way that streamers are in the
air for a minimum of 131.2 ft (40 m) aft of the stern and within 6.6 ft
(2 m) horizontally of the point where the main groundline enters the
water. A minimum of 8 streamers must be out of the water aft of the
stern. The second streamer line must be deployed within 90 seconds
thereafter.
(i) For vessels deploying gear from the stern, the streamer lines
must be
[[Page 48100]]
deployed from the stern, one on each side of the main groundline.
(ii) For vessels deploying gear from the side, the streamer lines
must be deployed from the stern, one over the main groundline and the
other on one side of the main groundline.
(iii) Vessels without masts, poles, or rigging. A minimum of 1 buoy
bag line must be used by vessels without superstructure, including
masts, poles, or rigging. The buoy bag line must hang over the area
where baited hooks may be accessible to seabirds, which is generally
within 6.5 feet (2 m) of the sea surface.
(iv) The following weather safety exemptions apply, based on vessel
length:
(A) Vessels greater than or equal to 26 feet (7.9 m) and less than
55 feet (16.8 m) LOA are exempted from the requirements of paragraph
(c)(1)(iii) of this section when a National Weather Service Small Craft
Advisory for Winds is in effect, or other National Weather Service
Advisory for wind speeds exceeding those that trigger a Small Craft
Advisory for Winds. This exemption applies only during the time and
within the area indicated in the National Weather Service Weather
Advisory or in an area seaward of such an area.
(B) Vessels 55 feet and longer (16.8 m) LOA are exempted from the
requirements of paragraph (c)(1)(iii) of this section when a National
Weather Service Gale Warning is in effect. This exemption applies only
during the time and within the area indicated in the National Weather
Service Gale Warning.
(3) Night setting. The operator of a vessel described in paragraph
(b)(1) of this section, that begins and completes deployment of gear
between one hour after local sunset and one hour before local sunrise
is exempt from the provisions of paragraphs (c)(1) and (c)(2) of this
section.
[FR Doc. 2019-19705 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-22-P
