[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3222-3224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00918]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD674


Fisheries of the Exclusive Economic Zone off Alaska; Application 
for an Exempted Fishing Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of application for exempted fishing permit.

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SUMMARY: This notice announces receipt of an exempted fishing permit 
(EFP) application from the Alaska Seafood Cooperative (AKSC). If 
granted, this permit would allow AKSC to evaluate how often vessels use 
alternate halibut handling methods designed to reduce halibut 
mortality, when the alternate methods are available as an option. 
Operators from AKSC nonpelagic trawl vessels would remove halibut from 
a codend on the deck, and release those fish back to the water in a 
timely manner to increase survivability. These halibut would be sampled 
by trained sea samplers for length and physical condition using 
standard International Pacific Halibut Commission (IPHC) halibut 
mortality assessment methodology. This experiment has the potential to 
promote the objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act and the Pacific Halibut Act.

DATES: Comments on this EFP application must be submitted to NMFS by 5 
p.m. A.S.T., February 11, 2015. The North Pacific Fishery Management 
Council (Council) will consider the application at its meeting from 
February 2, 2015, to February 11, 2015 in Seattle, WA.

ADDRESSES: The Council meeting will be held at the Renaissance Hotel 
515 Madison Street, Seattle, WA 98104. The agenda for the Council 
meeting is available at http://legistar2.granicus.com/npfmc/meetings/2015/2/918_A_North_Pacific_Council_15-02-02_Meeting_Agenda.pdf. You may 
submit comments on this document, identified by NOAA-NMFS-2014-0162, by 
any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0162, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
     Fax: Address written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
     Hand delivery to the Federal Building: Address written 
comments to Glenn Merrill, Assistant Regional Administrator, 
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen 
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, 
AK.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address) submitted voluntarily by the sender 
will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.
    Copies of the EFP application and the basis for a categorical 
exclusion under the National Environmental Policy Act are available 
from the Alaska Region, NMFS Web site at http://alaskafisheries.noaa.gov/.
    The June, 2014 International Halibut Commission (IPHC) Report is 
available from the North Pacific Fishery Management Council Web site at 
http://npfmc.org.

FOR FURTHER INFORMATION CONTACT: Jeff Hartman, 907-586-7442.

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

Background

    Regulations implemented by the IPHC allow Pacific halibut to be 
commercially harvested by the directed North Pacific longline fishery. 
Halibut is a prohibited species in the groundfish fishery, requiring 
immediate return to the sea with a minimum of injury. Halibut caught 
incidentally by catcher/processors in the nonpelagic trawl groundfish 
fisheries must be weighed on a NMFS-approved scale, sampled by 
observers, and returned to the ocean as soon as possible. The Council 
establishes annual maximum halibut bycatch allowances and seasonal 
apportionments adjusted by an estimated halibut discard mortality rate 
(DMR) for groundfish fisheries. The DMRs are based on the best 
information available, including information contained in the annual 
Stock Assessment and Fishery Evaluation report, available at, http://www.alaskafisheries.noaa.gov/. NMFS approves the halibut DMRs developed 
and recommended by the IPHC and the Council for the BSAI groundfish 
fisheries for use in monitoring the halibut bycatch allowances and 
seasonal apportionments. The IPHC developed these DMRs for the BSAI 
groundfish fisheries using the 10-year mean DMRs for those fisheries.
    Directed fishing in a groundfish fishery closes when it reaches the 
halibut mortality apportionment for the fishery, even if the target 
species catch is less than the seasonal or annual quota for the 
directed fishery. In the case of the Bering Sea flatfish fishery, 
seasons have been closed before fishery quotas

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have been reached to prevent the fishery from reaching the halibut 
mortality apportionment.
    With the implementation of Amendment 80 to the FMP on September 14, 
2007 (72 FR 52668), halibut mortality apportionments were established 
for the Amendment 80 sector and for Amendment 80 cooperatives. 
Amendment 80 is a catch share program established in 2007 to allocate 
several BSAI non-pollock trawl groundfish fisheries (including the 
flatfish fishery) among fishing sectors, and facilitate the formation 
of harvesting cooperatives in the non-American Fisheries Act (AFA) 
trawl catcher/processor sector. Though halibut mortality allocations 
provide Amendment 80 cooperatives more flexibility to use available 
mortality, halibut mortality continues to constrain fishing in some 
Amendment 80 fisheries. Therefore, this sector is actively exploring 
ways to continue to reduce halibut mortality.
    Before incidentally-caught halibut are returned to the sea, at-sea 
observers must estimate halibut and groundfish catch amounts. 
Regulations in 50 CFR part 679 assure that observer halibut and 
groundfish estimates are credible and accurate, and that potential bias 
is minimized. For example, NMFS requires that all catch be made 
available for sampling by an observer; prohibits tampering with 
observer samples; prohibits removal of halibut from a cod end, bin, or 
conveyance system prior to being observed and counted by an at-sea 
observer; and prohibits fish (including halibut) from remaining on deck 
unless an observer is present.
    In 2009 and 2012, halibut mortality experiments were conducted by 
members of the Amendment 80 sector under EFP 09-02 (74 FR 12113, March 
23, 2009) and EFP 12-01 (76 FR 70972, November 16, 2011). By 
regulation, all catch including halibut is moved across a flow scale 
below deck before the halibut is returned to the sea. Halibut mortality 
increases with increased handling and time out of water. Under EFP 09-
02 and 12-01, experimental methods for sorting catch on a vessel's deck 
allowed halibut to be returned to the sea in less time, with less 
handling relative to halibut routed below deck and over the flow scale. 
The halibut mortality during flatfish fishing under EFP 09-02 and EFP 
12-01 was estimated to be approximately 17 mt and 10.8 mt, 
respectively, less than the amounts estimated from the DMR for this 
fishery. The reduced halibut mortality under EFP 09-02 and EFP 12-01 is 
attributed to the improved condition of halibut through reduced 
handling and time out of water.
    Reducing halibut mortality is a high-priority management goal for 
the IPHC, the Council, and NMFS. In June 2014, the Council received a 
report from the IPHC about the impact of halibut bycatch in the 
groundfish fisheries on the short- and long-term yields in the directed 
halibut fishery. The IPHC report (see ADDRESSES) presented scenarios 
under which increases in halibut bycatch or decreases in the 
exploitable halibut biomass would result in no directed fishery yield 
in IPHC Management Area 4CDE per the IPHC's harvest policy. At its June 
2014 meeting, the Council passed a motion requesting all groundfish 
industry sectors to undertake voluntary efforts to reduce halibut 
mortalities in the BSAI resulting from halibut bycatch, as well as 
discards in the directed fishery, by 10 percent from the current 5-year 
average levels, through the 2014-15 fishing seasons. The Council also 
encouraged NMFS to work closely with the Amendment 80 sector to develop 
deck sorting procedures and technologies that could reduce halibut 
mortalities with the eventual goal of implementing a full-scale 
program.
    On January 8, 2015, the Alaska Seafood Cooperative (an Amendment 80 
cooperative) submitted an application for an EFP for 2015 to build on 
the information collected in prior deck sorting EFPs to assist with 
future full-scale implementation and to reduce halibut mortality in the 
Amendment 80 sector. The primary objective is to test methods that 
reduce halibut mortality in the Amendment 80 sector in IPHC Management 
Area 4CDE in 2015.

Proposed Action

    The experimental design for EFP 2012-01 allowed halibut to be 
removed from the codend on two Amendment 80 sector vessels, and 
standardized viability estimates were applied to the halibut returned 
to the sea. EFP fishing on all vessels authorized under EFP 2012-01 was 
conducted with two lead-level sea samplers and a dedicated EFP project 
manager. For any fishing trip, EFP fishing could not be conducted as 
the same time as regular commercial fishing, to minimize confusion 
about groundfish catch and PSC estimates from observers versus sea 
samplers. NMFS received an application from the AKSC to conduct a new 
halibut mortality experiment in 2015. This EFP would expand on results 
of EFP 2009-02 and EFP 2012-01 to explore the feasibility of deck 
sorting halibut in additional target fisheries, on more vessels, and 
during a longer interval of time during the fishing season. EFP results 
would inform the operational practicality and cost of various fishing 
and fish handling practices, and their effect on halibut mortality. The 
EFP would allow researchers onboard catcher/processor vessels to sort 
halibut removed from a codend on the deck of the vessel. Those sorted 
halibut could be released back to the water after the halibut are 
measured for length and tested for physical condition using standard 
IPHC viability assessment methods.
    The objectives for this EFP are to: (1) Assess the reduction in 
halibut mortality when deck sorting is available as an optional catch 
handling procedure; (2) evaluate the frequency of tows where deck 
sorting is used relative to the existing catch handling procedures; (3) 
evaluate the percentage of a participating vessel's halibut catch that 
is sorted on deck; and (4) evaluate the utility of deck sorting in the 
context of the rules and constraints of the EFP.
    The applicant proposes to begin EFP fishing at the earliest 
possible date in 2015, and end on December 31, 2015. The EFP would 
allow halibut to be sorted, sampled, and released prior to being 
weighed on a flow scale, to achieve the experimental objectives and 
reduce halibut mortality. This EFP application requests an amount of 
halibut for vessels engaged in experimental fishing not to exceed the 
AKSC's 2015 halibut apportionment of 1,693 metric tons (mt). AKSC would 
not exceed its annual halibut mortality apportionment.
    The applicant would track the amount of halibut mortality for fish 
sorted on deck to determine halibut mortality amounts from EFP-
permitted vessels. These amounts would reflect actual halibut mortality 
amounts sampled during the experiment, and accrue against the EFP 
halibut mortality limit, not to exceed 1,693 mt. Before the halibut 
mortality limit is reached, the EFP permit holder would notify NMFS and 
end EFP fishing. As required by existing regulations, Amendment 80 
fishing will also cease when the annual halibut mortality apportionment 
is reached.
    This proposed action would exempt participating catcher/processors 
from selected 50 CFR part 679 prohibitions, monitoring and observer 
requirements. Should the Regional Administrator issue a permit based on 
this EFP application, the conditions of the permit will be designed to 
minimize halibut mortality, and any potential for biasing estimates of 
groundfish and halibut mortality. Vessels participating in EFP

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fishing may be exempt from, at minimum, the following regulations:
    1. The prohibition against interfering with or biasing the sampling 
procedure employed by an observer including physical, mechanical, or 
other sorting or discarding of catch before sampling, at Sec.  
679.7(g)(2);
    2. the requirements to weigh all catch by an Amendment 80 vessel on 
a NMFS-approved scale at Sec.  679.28(b);
    3. the requirement for all catch by an Amendment 80 vessel to be 
made available for sampling by an observer at Sec.  679.93(c)(1); and
    4. the regulations that prohibit fish from being allowed to remain 
on deck unless an observer is present at Sec.  679.93(c)(5).
    EFP 2015-02 would require sea samplers for monitoring and data 
collection under the EFP. Sea samplers are NMFS-certified observers 
that conduct activities under an EFP rather than normal observer 
activities on an Amendment 80 vessel. In contrast with EFP 2012-01, the 
applicant proposes to commence EFP fishing with one instead of two sea 
samplers. This EFP would also allow for EFP fishing and regular 
commercial fishing to occur during a single fishing trip. To ensure 
that standards for catch accounting of target species, bycatch of 
groundfish and PSC are sufficient, the EFP applicant proposes to: (1) 
Provide advanced notification to NMFS and EFP staff of when deck 
sorting will commence, (2) provide a pre-cruise briefing with observer 
program staff, (3) phase-in electronic compliance monitoring on each 
vessel permitted under this EFP, and (4) record halibut mortality from 
the EFP in the catcher/processor elogbook.
    In 2016, the AKSC would be required to submit to NMFS a report of 
the EFP results after EFP experimental fishing has ended in 2015. The 
report would include an estimate of halibut mortality from halibut 
sampled during the EFP and an estimate of halibut mortality under 
standard IPHC halibut mortality rates for those target fisheries.
    Under the EFP, the AKSC would be limited to the AKSC's Amendment 80 
groundfish allocation. The amount of halibut mortality accrued by the 
AKSC and under the EFP would not exceed the AKSC's 1,693 mt halibut 
mortality limit. The amount of halibut mortality applied to the EFP 
activities would be subject to review and approval by NMFS.
    This EFP would be valid upon issuance in 2015 until either the end 
of 2015 or when the halibut mortality apportionment is reached in areas 
of the BSAI open to directed fishing by the Amendment 80 cooperative. 
EFP-authorized fishing activities would not be expected to change the 
nature or duration of the groundfish fishery, gear used, or the amount 
or species of fish caught by the Amendment 80 cooperative.
    The fieldwork that would be conducted under this EFP is not 
expected to have a significant impact on the human environment as 
detailed in the categorical exclusion prepared for this action (see 
ADDRESSES).
    In accordance with Sec.  679.6, NMFS has determined that the 
application warrants further consideration and has forwarded the 
application to the Council to initiate consultation. The Council is 
scheduled to consider the EFP application during its February 2015 
meeting, which will be held at the Renaissance Hotel, Seattle. The EFP 
application will also be provided to the Scientific and Statistical 
Committee for review at the February Council meeting. The applicant has 
been invited to appear in support of the application.

Public Comments

    Interested persons may comment on the application at the February 
2015 Council meeting during public testimony or until February 11, 
2015. Information regarding the meeting is available at the Council's 
Web site at http://alaskafisheries.noaa.gov/npfmc/council.htm. Copies 
of the application and categorical exclusion are available for review 
from NMFS (see ADDRESSES). Comments also may be submitted directly to 
NMFS (see ADDRESSES) by the end of the comment period (see DATES).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 15, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-00918 Filed 1-21-15; 8:45 am]
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