[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Proposed Rules]
[Pages 52015-52025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20751]



[[Page 52015]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140703553-5687-01]
RIN 0648-BE29


Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Trawl Rationalization Program; Midwater Trawl 
Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule, if adopted, would clarify the regulatory 
requirements for vessels using midwater trawl gear in the Pacific Coast 
Groundfish Fishery Shorebased Individual Fishing Quota Program. This 
action is needed to eliminate inconsistencies and confusion in the 
current regulations. For vessels targeting Pacific whiting, the action 
would clarify that the retention of prohibited and protected species is 
allowed until landing. The disposition of prohibited and protected 
species would be specified consistent with the Pacific Coast Groundfish 
Fishery Management Plan, the Pacific Coast Salmon Fishery Management 
Plan, and other applicable law.

DATES: Comments on this proposed rule or the Environmental Assessment 
(EA) supporting the action must be received no later than 5 p.m., local 
time on September 28, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0093, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0093, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070; 
Attn: Becky Renko.
    Instructions: Comments sent by any other method, to any other 
address or Individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to William W. Stelle Jr., Regional 
Administrator, West Coast Region NMFS, 7600 Sand Point Way NE., 
Seattle, WA 98115-0070 and to OMB by email to 
[email protected], or fax to (202) 395-7285.

SUPPLEMENTARY INFORMATION: This action would amend the Pacific Coast 
groundfish fishery regulations to eliminate redundancies and 
inconsistencies relative to the use of midwater trawl gear in the 
Shorebased Individual Fishing Quota Program (Shorebased IFQ Program). 
The action is consistent with policy decisions that the Pacific Fishery 
Management Council (Council) made during the implementation of 
Amendment 20 to the Pacific Coast Groundfish Fishery Management Plan 
(groundfish FMP).
    In 2011, a trawl catch share program was implemented under 
Amendment 20 to the groundfish FMP. The trawl catch share program 
included the Shorebased IFQ Program, where individual permit holders 
receive quota pounds (QP) that they can fish for, lease, or sell. 
Permit holders also receive QP to cover catch of Pacific Halibut.
    In anticipation of the trawl catch share program, the groundfish 
regulations were restructured on October 1, 2010 (75 FR 60868). When 
the Shorebased IFQ Program was implemented, the midwater Pacific 
whiting shorebased fishery and the bottom trawl fishery were merged to 
create a single Shorebased IFQ fishery. Many of the pre-IFQ fishery 
management measures relating to time and area management were retained 
in the regulations for use in the Shorebased IFQ Program. However, 
integrating pre-IFQ regulations with new regulations for the Shorebased 
IFQ Program resulted in inconsistencies and numerous unclear and 
confusing management restrictions relative to the use of midwater trawl 
gear.
    Groundfish fishery management includes the use of time and area 
restrictions. Time and area restrictions affecting the use of midwater 
trawl gear include: Trawl Rockfish Conservation Areas, Pacific whiting 
primary seasons, Ocean Salmon Conservation Zones (OSCZs), Bycatch 
Reduction Areas (BRAs), and Klamath and Columbia River salmon 
conservation zones. In addition, there are midwater trawl trip limit 
restrictions for operating shoreward of the 100 fathom (fm) contour in 
the Eureka area, and a prohibition on night fishing south of 42[deg] 
north latitude.
    Vessel monitoring systems (VMSs) that automatically transmit hourly 
position reports to NMFS Office of Law Enforcement (OLE) are the 
primary management tool used to monitor vessel compliance with time and 
area restrictions. All vessels in the Shorebased IFQ Program are 
required to have an operational VMS. In addition, each vessel operator 
is required to submit a declaration report to OLE that allows the 
vessel's position to be linked to the type of fishing gear being used. 
In some cases, the declaration also identifies the particular species 
the vessel is fishing for and the target strategy. For the Shorebased 
IFQ Program, vessels using midwater trawl may declare either ``limited 
entry midwater trawl, non-whiting shorebased IFQ'' or ``limited entry 
midwater trawl, Pacific whiting shorebased IFQ.''
    Midwater trawl gear has primarily been used to target Pacific 
whiting, but can also be used to target other groundfish species. Prior 
to 2002, when widow rockfish was declared overfished, midwater trawl 
was used to target widow rockfish, yellowtail rockfish, and, to a 
lesser extent, chilipepper rockfish. During the rebuilding period for 
widow rockfish, the access to co-occurring species was constrained by 
the low widow rockfish Annual Catch Limits (ACLs). Since widow rockfish 
was declared rebuilt in 2012, there has been increased interest in 
targeting non-whiting groundfish with midwater trawl gear, particularly 
in the management area north of 40[deg]10' north latitude. Since 2011, 
midwater trawl gear has been used to target Pacific whiting and non-
whiting north of 40[deg]10' north latitude by vessels in the Shorebased 
IFQ Program. South of 40[deg]10' north latitude midwater trawling has 
been allowed year round seaward of the trawl RCAs for all target 
species.
    Groundfish management includes restrictions on the retention of 
certain non-groundfish species, including prohibited and protected 
species. Prohibited species include all salmonids, Pacific halibut, and 
Dungeness crab off Oregon and Washington. Protected species include

[[Page 52016]]

marine mammals, seabirds, sea turtles, and species such as green 
sturgeon and eulachon, which are listed under the Endangered Species 
Act (ESA). Generally, prohibited species must be returned to the sea as 
soon as practicable with a minimum of injury. An exception to the 
retention restrictions may be made for tagged fish, or when retention 
is authorized by other applicable law. Pacific halibut may be retained 
until landing by vessels in the Pacific whiting fishery that do not 
sort the catch at sea only pursuant to NMFS donation regulations. 
Amendment 10 to the groundfish FMP and Amendment 12 to the Pacific 
Coast Salmon FMP (salmon FMP) were revised to allow salmon bycatch to 
be retained until landing in cases where the Council determines it is 
beneficial to the management of the groundfish and salmon resources. 
Under a Council and NMFS approved program, salmon must remain a 
prohibited species; and, at a minimum, the requirements must allow for 
accurate monitoring of the retained salmon and must not provide 
incentives for fishers to increase salmon bycatch or allow salmon to 
reach commercial markets.
    From 2007 through 2010, prior to the Shorebased IFQ Program, the 
Pacific whiting shorebased fishery was composed of vessels landing 
10,000 pounds or more of Pacific whiting on a trip and was managed 
under exempted fishing permits (EFPs). The terms and conditions of the 
EFPs established ``maximized retention'' provisions where only species 
longer than 6 feet and minor amounts of operational discards were 
allowed to be discarded. The EFPs allowed vessels to land catch 
containing prohibited and protected species. The EFPs issued to first 
receivers specified handling and disposition measures for prohibited 
species. In 2011, with implementation of the Shorebased IFQ Program, a 
maximized retention provision was added to the groundfish regulations. 
However, the provision did not address the retention of prohibited 
species other than Pacific halibut, nor did it establish handling and 
disposition requirements for prohibited species. For consistency with 
the salmon FMP and Pacific halibut regulations, provisions for the 
retention and disposition of prohibited species would be added by this 
rule.
    Protected species are species protected under the ESA, the Marine 
Mammal Protection Act, the Migratory Bird Treaty Act, and Executive 
Order 13186. A December 2012, section 7 biological opinion for the 
groundfish fishery included reasonable and prudent measures that 
require the collection of important biological data on specific 
protected species. The West Coast Groundfish Observer Program (WCGOP) 
has sampling protocols for sampling discards at-sea that includes the 
collection of biological data on marine mammals, seabirds, turtles, 
eulachon, and green sturgeon. However, protected species in maximized 
retention landings are not sampled by observers. Therefore, regulatory 
revisions are necessary to assure that valuable biological data are 
gathered.

Proposed Regulatory Changes

    As noted above, the following changes are intended to revise the 
regulations consistent with previous actions taken by the Council to 
implement Amendment 20. This action is needed to eliminate 
inconsistencies and confusion in the current regulations.
    The proposed regulations would revise the definition of Pacific 
whiting trip consistent with Appendix E of the groundfish FMP, which 
details the Final Preferred Alternative adopted under Amendment 20, and 
which is consistent with the Environmental Impact Statement analysis 
conducted in support Amendment 20. Appendix E defines non-whiting 
landings as those with less than 50 percent Pacific whiting by weight. 
Therefore, this proposed rule would define landings with 50 percent or 
more Pacific whiting by weight as Pacific whiting shorebased IFQ trips.
    The current regulations do not have a minimum threshold for the 
amount of Pacific whiting that must be harvested on a Pacific whiting 
shorebased IFQ trip. Without a minimum threshold, vessels fishing north 
of 40[deg]10' north latitude have been making Pacific whiting 
shorebased IFQ declarations while targeting both Pacific whiting and 
non-whiting groundfish. The groundfish regulations include mitigation 
measures to reduce the take of Chinook salmon that are specific to the 
targeting of Pacific whiting and that are in some cases contrary to 
fishing practices for non-whiting species (e.g., a prohibition on night 
fishing when historically widow rockfish aggregations were targeted at 
night with midwater trawl gear). Clearly defining the criteria for a 
Pacific whiting IFQ trip and identifying which time area restrictions 
apply to all midwater trawl and which time area restrictions apply to 
the targeting of Pacific whiting will result in regulations that are 
clear and therefore will benefit both management and the public. The 
proposed change was discussed by the Council at its November 2014 
meeting, and the Council concurred with defining trips with more than 
50 percent whiting as Pacific whiting trips.
    General definitions at 50 CFR 660.11 would be revised to add a 
definition for protected species. Adding the definition allows the term 
to be clearly used relative to the handling and disposition 
requirements established in the regulations. General prohibitions at 50 
CFR 660.12 would be revised to prohibit the retention of protected 
species except as allowed for vessels on maximized retention trips. In 
50 CFR 660.12 and 660.55, pre-IFQ terminology would be revised 
consistent with the terms established under the IFQ program.
    Regulations pertaining to automatic actions in the specification 
and management measures provision at 50 CFR 660.60 would be updated by 
this action. Paragraph (c)(3)(i) of Sec.  660.60 would be revised for 
readability and to clarify how BRAs may be implemented. Pre-IFQ 
terminology for the Pacific whiting fishery sectors would be revised 
consistent with the terms established under the IFQ program; an 
inactive Internet link would be replaced with an active link; an 
automatic action currently specified in regulation at 50 CFR 
660.150(h)(2) would be added to the list of allowed automatic actions; 
and language would be added to clarify where the effective date for 
automatic actions is specified. These actions are being taken for 
consistency between the different subparts of groundfish regulations.
    Regulations at 50 CFR 660.60 would be revised to add an allowance 
for prohibited species retention until landing on maximized retention 
trips in the Pacific whiting Shorebased IFQ Program. Appendix E of the 
groundfish FMP indicates that maximized retention is an option for 
Pacific whiting shorebased IFQ vessels and that Pacific halibut may be 
retained until landing. The Council originally considered maximized 
retention for the Shorebased IFQ Program at its June 2008 meeting as 
elements of the tracking, monitoring, and enforcement structure for 
ongoing management. In 2008, a maximized retention program had been 
recommended by the Council for implementation in Amendment 10 to the 
groundfish FMP prior to the start of an IFQ program. The implementing 
regulations for Amendment 10 included maximized retention requirements 
and video monitoring for vessels targeting Pacific whiting in the 
Pacific whiting shorebased fishery. Because Amendment 20 required full 
observer coverage and did not provide for video monitoring, the 
Amendment 10 regulations were never implemented. In late 2010, during 
the final stages of

[[Page 52017]]

implementation of the Shorebased IFQ Program, the public requested and 
NMFS agreed to provide the maximized retention opportunity that had 
existed prior to the Shorebased IFQ Program. Previously, maximized 
retention was not addressed in the regulations, but was defined in the 
Maximized Retention and Monitoring Program EFPs issued to the Pacific 
whiting shorebased fishery. This proposed rule would revise the 
groundfish regulations to include a maximized retention opportunity 
along with appropriate disposition requirements.
    This proposed rule would revise the language explaining the purpose 
and scope of subpart D at 50 CFR 660.100 for clarity. The regulations 
at 50 CFR 660.111 contain the trawl definitions. The proposed rule 
would revise the definitions for Catcher/Processor Coop Program, 
Mothership Coop Program, Pacific whiting IFQ fishery, Pacific whiting 
IFQ trip, and Shorebased IFQ Program for clarity. The term Pacific 
whiting IFQ trip would specify that a qualifying trip must be 50 
percent or more Pacific whiting by weight. New definitions for 
maximized retention and Pacific whiting fishery are being added for 
clarity.
    The trawl fishery prohibitions at 50 CFR 660.112 would be revised 
to clearly prohibit first receivers from disposing of prohibited and 
protected species without sorting them from maximized retention 
landings and to clearly state that all midwater trawl is prohibited 
outside the Pacific whiting primary season north of 40[deg]10' north 
latitude. Redundant regulatory text at 50 CFR 660.112(b)(2)(ii) would 
be removed. Duplicate language pertaining to the weighing of catch, 
which is also stated in regulations at 50 CFR 660.130(d), would be 
removed and only sorting provisions would be retained.
    Numerous minor changes would be made throughout the regulations at 
50 CFR 660.130 to align the regulations with the terms defined at 50 
CFR 660.11 and 660.111 and to revise pre-IFQ terminology to be 
consistent with the terms established under trawl rationalization. 
Currently, regulations at 50 CFR 660.130(c)(3) pertain to the use of 
midwater trawl gear both north and south of 40[deg]10' north latitude. 
This rule would add language to clearly state that midwater trawl gear 
is required for vessels targeting Pacific whiting during the primary 
seasons north of 40[deg]10' north latitude, and that midwater trawl 
gear is allowed for vessel targeting non-whiting species during the 
Pacific whiting Shorebased IFQ Program primary season. The action would 
remove a restriction that allows midwater trawl to only be used by 
vessels participating in the Pacific whiting Shorebased IFQ fishery 
that is stated at 50 CFR 660.130(c)(3) and repeated at 50 CFR 
660.130(c)(4)(i)(F). These changes would allow vessels using midwater 
trawl gear north of 40[deg]10' north latitude to declare either 
``limited entry midwater trawl, non-whiting shorebased IFQ'' or 
``limited entry midwater trawl, Pacific whiting shorebased IFQ'' 
consistent with the target strategy.
    North of 40[deg]10' north latitude vessels are allowed to carry 
multiple types of midwater gear, but may only declare one target 
strategy (whiting or non-whiting) on a trip. The regulations at 50 CFR 
660.130(c)(4) would be revised for clarity. Because all midwater trawl 
gears have similar closed area restrictions, carrying multiple types of 
midwater trawl gear is not expected to affect enforcement of the closed 
areas. The fishery restriction at 50 CFR 660.130(c)(4)(i)(F) that only 
allows midwater trawl gear to be used in the Pacific whiting fishery 
would be removed.
    The proposed rule would remove redundant regulatory text at 50 CFR 
660.130(d)(i). Duplicate language pertaining to the sorting of catch, 
which is the same requirement stated in regulations at 50 CFR 
660.112(b)(2)(ii), would be removed. Because the paragraph addresses 
the weighing of catch, language specific to weighing would be retained. 
Regulations pertaining to catch weighing requirements for Pacific 
whiting IFQ trips at 50 CFR 660.140(j)(2) would be consolidated and 
revised for clarity.
    The regulations at 50 CFR 660.130(e)(4)(i) would be revised to 
clearly state that vessels using midwater trawl gear, regardless of the 
target species, are exempt from the trawl RCA restrictions in the area 
north of 40[deg]10' north latitude during the dates of the Pacific 
whiting primary season. This allowance already exists under the current 
regulations, but is confusing because the regulations may be 
interpreted as requiring that vessels must declare ``limited entry 
midwater trawl, Pacific whiting shorebased IFQ'' regardless of the 
target species. Adding clarity to the regulations and allowing either 
midwater trawl declaration is expected to reduce confusion for members 
of industry.
    Regulatory language at 50 CFR 660.131(a) and (b) would be revised 
to remove pre-IFQ terminology for the Pacific whiting sectors, 
consistent with the terms established under trawl rationalization. The 
regulations specific to the BRAs would be moved. Trip limit 
restrictions for midwater trawl seaward of the 100 fm depth contour in 
the Eureka area are currently found at 50 CFR 660.131(d). For 
consistency with the other sections of the regulations, the requirement 
to use the 100 fm line shown on NOAA charts would be replaced with a 
requirement to use the 100 fm depth contour defined in groundfish 
regulations at 50 CFR 660.73.
    Regulations pertaining to the disposition of prohibited species 
would be added to the Shorebased IFQ Program regulations at 50 CFR 
660.140(g). For vessels on Pacific whiting IFQ trips engaged in 
maximized retention, clearly stating handling and disposition 
requirements for prohibited species and protected species would allow 
for accurate monitoring; would reduce incentives for increased bycatch 
by clearly stating that protected and prohibited species must not reach 
commercial markets; and would identify a preference for catch to be 
handled in a manner that preserves the quality for human consumption 
for donation to a local food share or other appropriate charitable 
organizations. The disposition of salmon would be consistent with 
salmon FMP. The disposition of Pacific halibut and Dungeness crab would 
be consistent with Pacific halibut regulations and state regulations.
    Regulatory language at 50 CFR 660.140(b) is revised for clarity and 
duplicate language is removed. Retention requirements specified at 50 
CFR 660.140(g) are revised such that the maximized retention 
requirements are clearly stated. New provisions are added at 50 CFR 
660.140(g) relative to the disposition of prohibited species and 
protected species in maximized retention landings. First receivers that 
accept maximized retention landings would be responsible for following 
the handling and disposition protocols and for maintaining records of 
the disposition. Under EFPs, the vessels abandoned prohibited species 
to the state of landing, and each state had agreements with the first 
receivers and coordinated the donation or disposal of the prohibited 
species. The states no longer have resources to coordinate such 
activity. Under the IFQ program, first receivers are licensed to 
process IFQ catch. It is therefore reasonable for each first receiver 
who accepts maximized retention landings to be responsible for the 
disposition of the prohibited and protected species.

Classification

    NMFS has made a preliminary determination that the proposed action

[[Page 52018]]

is consistent with groundfish FMP, the MSA, and other applicable law. 
In making its final determination, NMFS will take into account the 
complete record, including the data, views, and comments received 
during the comment period. The EA is available for public comment (See 
ADDRESSES) and is available on line at 
www.westcoast.fisheries.noaa.gov/publications/nepa/groundfish/groundfish_nepa_documents.html.
    An environmental assessment (EA) was prepared for this action. The 
EA includes socio-economic information that was used to prepare the RIR 
and IRFA. The EA is available on the Council's Web site at 
www.pcouncil.org/. This action also announces a public comment period 
on the EA.
    The Office of Management and Budget has determined that this 
proposed rule is not significant for purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). 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 are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. A copy of the IRFA is available from NMFS (see 
ADDRESSES). Under the RFA, the term ``small entities'' includes small 
businesses, small organizations, and small governmental jurisdictions. 
The Small Business Administration (SBA) has established size criteria 
for all major industry sectors in the United States, including fish 
harvesting and fish processing businesses. A business involved in fish 
harvesting is a small business if it is independently owned and 
operated and not dominant in its field of operation (including its 
affiliates) and if it has combined annual receipts not in excess of 
$20.5 million (previously $19 million) for all its affiliated 
operations worldwide. For marinas and charter/party boats, a small 
business is one with annual receipts not in excess of $7.5 million 
(previously $7 million). For purposes of rulemaking, NMFS is also 
applying the $20.5 million standard to catcher/processors because they 
are involved in the commercial harvest of finfish. A seafood processor 
is a small business if it is independently owned and operated, not 
dominant in its field of operation, and employs 500 or fewer persons on 
a full time, part time, temporary, or other basis, at all its 
affiliated operations worldwide. 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 small organization is any nonprofit 
enterprise that is independently owned and operated and is not dominant 
in its field. A small governmental jurisdiction is a government of 
cities, counties, towns, townships, villages, school districts, or 
special districts with populations of less than 50,000.
    NMFS is issuing this proposed rule to modify midwater trawl 
restrictions for vessels participating in the Shorebased IFQ Program 
under the authority of the groundfish FMP and the Magnuson-Stevens Act. 
The proposed rule would amend the regulations to remove redundancies 
and inconsistencies relative to the use of midwater trawl gear, and 
would add provisions to fully implement ``maximized retention'' 
allowances for vessels targeting Pacific whiting. Maximized retention 
encourages full retention of all catch while recognizing that minor 
discard events may occur. Two alternatives, each with sub-options, are 
being considered.

Alternative 1--No Action

     North of 40[deg]10' north latitude midwater trawl gear may 
be used by vessels with a ``Limited entry midwater trawl, Pacific 
whiting shorebased IFQ'' declaration after the start of the primary 
season. Vessels may use midwater trawl gear to target Pacific whiting 
and non-whiting if the vessel also fishes in the Pacific whiting 
fishery.
     There is no requirement to target or land Pacific whiting 
on a Pacific whiting IFQ trip.
     Vessels with a ``Limited entry midwater trawl, Pacific 
whiting shorebased IFQ'' declaration may fish within the RCAs after the 
start of the primary season.
     Other than Pacific Halibut, prohibited species and 
protected species retention until landing is prohibited.
     Vessels North of 40[deg]10' north latitude may carry 
multiple types of midwater gear and both whiting and non-whiting target 
strategies are allowed on the same trip, however the vessel must have a 
valid ``Limited entry midwater trawl, Pacific whiting shorebased IFQ'' 
declaration.

Alternative 2 (Preferred)--Eliminate Redundancies and Inconsistencies 
in Regulations Regarding the Use of Midwater Trawl Gear

     Midwater trawl gear will be allowed for all target species 
with a valid declaration for either ``limited entry midwater trawl, 
non-whiting shorebased IFQ'' or ``limited entry midwater trawl, Pacific 
whiting shorebased IFQ.'' Non-whiting vessels would not be obligated to 
also target Pacific whiting.
     A Pacific whiting IFQ trip must be 50 percent or more 
whiting by weight at landing.
     Midwater trawl gear will be allowed within the trawl RCAs 
and EFH conservation areas for all target species.
     For vessels targeting Pacific whiting on ``maximized 
retention'' trips, prohibited and protected species must be retained 
until landing.
     The disposition of salmon would be specified such that it 
is consistent with salmon FMP.
     The disposition of Pacific halibut and Dungeness crab 
would be specified so they are consistent with Pacific halibut 
regulations and state regulations.
     The disposition of protected species would be consistent 
with the current biological opinions.
     North of 40[deg]10' north latitude, vessels will be 
allowed to carry multiple types of midwater gear, but:
    Sub-option A (preferred): Allow only one target strategy (whiting 
or non-whiting) on a trip.
    Sub-option B: Allow both whiting and non-whiting target strategies 
on the same trip. However, ``maximized retention'' would not be allowed 
if the landed catch was greater than 50 percent non-whiting species.
    Under No Action, it is unclear whether vessels using midwater trawl 
north of 40[deg]10' north latitude must submit a declaration for 
``limited entry midwater trawl, Pacific whiting shorebased IFQ'' even 
if they intend to target non-whiting species. Alternative 2 results in 
a low positive impact over No Action as it removes the prohibition that 
restricts midwater trawl to the Pacific whiting fishery north of 
40[deg]10' north latitude and allows for the use of either midwater 
trawl declaration. Alternative 2 would improve tracking of activity 
relative to time/area restrictions and the specific target strategy. 
Aligning the declaration with the activity could allow for a more 
surgical management response that can be clearly understood by 
harvesters.
    Under No Action, Pacific whiting trips would not be defined. 
Alternative 2 establishes criteria for a Pacific whiting trip as being 
landings that are 50 percent or more Pacific whiting by weight at 
landing. Alternative 2 is not expected to have a measureable effect on 
the vast majority of midwater trawl trips targeting Pacific whiting. 
Only a small number of vessels may have

[[Page 52019]]

reduced flexibility under Alternative 2 sub-option A (one target 
strategy per trip) because a vessel operator cannot change the target 
fishing strategy after they leave port. However, sub-option A is most 
similar to how harvesters currently operate. Either sub-option provides 
clarity and eliminates inconsistencies, making the regulations less 
complicated for harvesters and easier to enforce. Revising the 
groundfish regulations for clarity under Alternative 2 is expected to 
provide more equitable opportunity for non-whiting vessels north of 
40[deg]10' north latitude as it is clear they do not need to also fish 
for Pacific whiting.
    Time/Area restrictions under No Action include Rockfish 
Conservation Areas (RCAs), Klamath River conservation zone, Columbia 
River conservation zone, Ocean Salmon Conservation Zones (OSCZs), 
Bycatch Reduction Areas (BRAs), the Eureka area 100 fm restriction, 
prohibition on night fishing south of 42[deg]00' north latitude and the 
Pacific whiting primary seasons. These restrictions were initially 
implemented to reduce incidental catch of Chinook salmon in the Pacific 
whiting fisheries. The Klamath River conservation zone, Columbia River 
conservation zone, OSCZs, and the prohibition on night fishing are 
specific to the targeting of Pacific whiting and would remain linked to 
the targeting of whiting under both No Action and Alternative 2. The 
impacts of No Action on the closed areas are neutral as no changes 
would be made to reduce the confusion by fishermen or enforcement about 
prohibited or allowed activities. Because widow rockfish were 
historically targeted at night with low bycatch, Alternative 2 
revisions would clearly state that the prohibition on night fishing 
does not apply to non-whiting targeting. BRAs have evolved since their 
initial implementation in 2007 when they applied specifically to the 
targeting of whiting. Since 2013, the BRAs have been considered as a 
tool for use in the Pacific whiting sectors (all midwater trawl). 
Alternative 2 revisions would clearly state that the BRAs and RCA 
exemptions apply to all midwater trawl. Providing clarification on how 
time/area restrictions relate to specific target fishing activity under 
Alternative 2 is expected to reduce regulatory complexity and eliminate 
contradictory regulations. Changes under Alternative 2 are expected to 
be beneficial to the harvesters, managers, and enforcement.
    Maximized retention is allowed under No Action. However, supporting 
regulations would not be added to reduce confusion regarding the 
landing of maximized retention catch for non-whiting target strategies. 
Provisions would not be added to allow the retention of prohibited 
species under No Action. The socio-economic impacts of managing under 
No Action are neutral, providing restrictions on the retention of 
prohibited species continue to be unenforced. Alternative 2 would 
revise the regulations to clearly state that maximized retention would 
only be allowed for trips targeting Pacific whiting, consistent with 
the provisions of Amendment 20. Because of relatively low bycatch by 
vessels targeting Pacific whiting, maximized retention allows sorting 
to be delayed until landing. Because whiting flesh deteriorates rapidly 
once the fish are caught, whiting must be minimally handled and 
immediately chilled to maintain the flesh quality. Allowing Pacific 
whiting shoreside vessels to retain unsorted catch benefits harvesters 
by enabling whiting quality to be maintained. Under Alternative 2, 
provisions would be added to allow Pacific whiting vessels to retain 
otherwise prohibited species until landing. Non-whiting vessels would 
have to continue to sort prohibited and protected species at sea. Some 
non-whiting landings under maximized retention have had a greater 
variety in bycatch than is typically seen in Pacific whiting landings 
and have been landed at first receivers with only one catch monitor. 
Long offloads associated with sorting and weighing non-whiting 
maximized retention catch has resulted in offload time exceeding the 
catch monitor's allowed work hours in a 24 hour period. Alternative 2 
would also provide clarification on the disposition of protected 
species for maximized retention landings. Revisions to the maximized 
retention requirements under Alternative 2 are expected to reduce 
regulatory complexity and eliminate contradictory regulations, 
benefiting harvesters.
    Under No Action, Pacific whiting trips would continue to be 
undefined and no protocols for handling or disposing of prohibited or 
protected species would be defined. The impacts of No Action are 
neutral, as first receivers would use current methods to identify 
maximized retention deliveries and determine how to handle and dispose 
of prohibited and protected species. Defining Pacific whiting trips 
under Alternative 2 should make it easier for first receivers/
processors to identify which trips are classified as ``maximized 
retention'' such that it would be more clear which groundfish 
regulations apply. Alternative 2 specifies handling and disposition of 
prohibited and protected species. Clear protocols for the disposition 
of prohibited catch should reduce complexity and confusion for first 
receivers/processors. Currently, provisions that affect the disposition 
of prohibited or protected species exist in various federal 
regulations, non-groundfish FMPs, and ESA biological opinions. 
Clarifying these provisions in the groundfish regulations would reduce 
complexity in the requirements for disposition and handling of 
maximized retention catch and result in a low positive benefit to first 
receivers/processors. First receivers are currently taking salmon and 
grinding and processing the fish into fish meal and/or providing edible 
fish to food pantries, soup kitchens, or other non-profit 
organizations. In some states, state agencies have assisted in the 
transfer of fish to food banks, but this assistance is being withdrawn. 
However, NMFS concludes that these new regulations do not impose any 
significant burden on first receivers as they are consistent with 
current first receiver practices and with prior practices established 
under the 2007-2010 whiting EFPs.
    This action would clarify the regulatory requirements for vessels 
using midwater trawl gear in the Pacific Coast Groundfish Fishery 
Shorebased Individual Fishery Quota Program. This action is needed to 
eliminate inconsistencies and confusion in the current regulations. For 
vessels targeting Pacific whiting, the action would clarify that the 
retention of prohibited and protected species is allowed until landing. 
The disposition of prohibited and protected species would be specified 
consistent with the Pacific Coast Groundfish Fishery Management Plan, 
the Pacific Coast Salmon Fishery Management Plan and other applicable 
law. As this rule is about clarifying the regulations, we do not 
believe that this rule will have a significant impact when comparing 
small versus large businesses in terms of disproportionality and 
profitability given available information. Nonetheless, NMFS has 
prepared this IRFA. Through the rulemaking process associated with this 
action, we are requesting comments on this conclusion.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval as 
revisions to OMB collection 0648-0619. Relative to OMB collection 0648-
0619 the public reporting burden for first receivers to retain records 
showing the disposition of prohibited and protected

[[Page 52020]]

species is estimated to average 1 minute per response.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to (enter 
office name) at the ADDRESSES above, and by email to 
[email protected] or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    Pursuant to Executive Order 13175, this proposed rule eliminated 
redundancies and inconsistencies with state law relative to the use of 
midwater trawl gear and does not have a direct effect on tribes. The 
action is consistent with policy decisions that the Council made during 
the implementation of Amendment 20 to the Pacific Coast Groundfish 
Fishery Management Plan which was developed after meaningful 
consultation and collaboration with tribal officials from the area 
covered by the groundfish FMP. Under the Magnuson-Stevens Act at 16 
U.S.C. 1852(b)(5), one of the voting members of the Pacific Council 
must be a representative of an Indian tribe with federally recognized 
fishing rights from the area of the Council's jurisdiction. The 
proposed regulations do not have a direct effect on the tribes.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: August 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
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.  660.11, add, in alphabetical order, a definition for 
``Protected species'' and revise the definition of ``Trawl fishery'' to 
read as follows:


Sec.  660.11  General definitions.

* * * * *
    Protected species means those species, other than prohibited 
species, that are protected under Federal law, including species listed 
under the Endangered Species Act, marine mammals protected under the 
Marine Mammal Protection Act, and bird species protected under the 
Migratory Bird Treaty Act. Species that are both protected and 
prohibited are considered prohibited species for purposes of this part.
* * * * *
    Trawl fishery or Limited entry trawl fishery means the groundfish 
limited entry trawl fishery referred to in subparts C and D, which is 
composed of vessels registered to a limited entry permit with a trawl 
endorsement and vessels registered to an MS permit. The trawl fishery 
is comprised of the following sectors: Catcher/Processor, Mothership, 
and Shorebased IFQ. The trawl fishery does not include the non-
groundfish trawl fisheries, which are all within the open access 
fishery.
* * * * *
0
3. In Sec.  660.12, revise paragraphs (a)(1), (10) and (11) to read as 
follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (a) * * *
    (1) Retain any prohibited or protected species caught by means of 
fishing gear authorized under this subpart, unless otherwise 
authorized. Except as otherwise authorized, prohibited and protected 
species must be returned to the sea as soon as practicable with a 
minimum of injury when caught and brought on board.
* * * * *
    (10) Transfer fish to another vessel at sea unless the vessel 
transferring fish is participating in the MS Coop or C/P Coop Programs.
    (11) Fail to remove all fish from the vessel at landing (defined in 
Sec.  660.11) and prior to beginning a new fishing trip, except for 
processing vessels participating in the MS Coop or C/P Coop Programs.
* * * * *
0
4. In Sec.  660.55, revise paragraphs (c)(1)(i)(A) through (C) to read 
as follows:


Sec.  660.55  Allocations.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (A) Darkblotched rockfish. Allocate 9 percent or 25 mt, whichever 
is greater, of the total trawl allocation of darkblotched rockfish to 
the Pacific whiting fishery (MS sector, C/P sector, and Shorebased IFQ 
sectors). The distribution of allocation of darkblotched to each of 
these sectors will be done pro rata relative to the sector's allocation 
of the commercial harvest guideline for Pacific whiting. After 
deducting allocations for the Pacific whiting fishery, the remaining 
trawl allocation is allocated to the Shorebased IFQ sector.
    (B) Pacific Ocean Perch (POP). Allocate 17 percent or 30 mt, 
whichever is greater, of the total trawl allocation of POP to the 
Pacific whiting fishery (MS sector, C/P sector, and Shorebased IFQ 
sector). The distribution of POP to each sector will be done pro rata 
relative to the sector's allocation of the commercial harvest guideline 
for Pacific whiting. After deducting allocations for the Pacific 
whiting fishery, the remaining trawl allocation is allocated to 
Shorebased IFQ sector.
    (C) Widow rockfish. Allocate 52 percent of the total trawl 
allocation of widow rockfish to the Pacific whiting fishery if the 
stock is under rebuilding, or 10 percent of the total trawl allocation 
or 500 mt of the trawl allocation, whichever is greater, if the stock 
is rebuilt. The distribution of the trawl allocation of widow to each 
sector will be done pro rata relative to the sector's allocation of the 
commercial harvest guideline for Pacific whiting. After deducting 
allocations for the Pacific whiting sectors, the remaining trawl 
allocation is allocated to Shorebased IFQ sector.
* * * * *
0
5. In Sec.  660.60, revise paragraphs (c)(3)(i) and (d) and remove and 
reserve paragraph (e) to read as follows:


Sec.  660.60  Specifications and management measures.

* * * * *
    (c) * * *
    (3) * * *
    (i) Depth-based management measures. Depth-based management 
measures, particularly closed areas known as Groundfish Conservation 
Areas, may be implemented in any fishery sector that takes groundfish 
directly or incidentally. Depth-based management measures are set using 
specific boundary lines that approximate depth contours with latitude/
longitude waypoints found at Sec. Sec.  660.70 through 660.74. Depth-
based

[[Page 52021]]

management measures and closed areas may be used for the following 
conservation objectives: To protect and rebuild overfished stocks; to 
prevent the overfishing of any groundfish species by minimizing the 
direct or incidental catch of that species; or to minimize the 
incidental harvest of any protected or prohibited species taken in the 
groundfish fishery. Depth-based management measures and closed areas 
may be used for the following economic objectives: To extend the 
fishing season; for the commercial fisheries, to minimize disruption of 
traditional fishing and marketing patterns; for the recreational 
fisheries, to spread the available catch over a large number of 
anglers; to discourage target fishing while allowing small incidental 
catches to be landed; and to allow small fisheries to operate outside 
the normal season. BRAs may be implemented as an automatic action in 
the Pacific whiting fishery consistent with paragraph (d)(1) of this 
section. BRAs may be implemented as a routine action for vessels using 
midwater groundfish trawl gear consistent with the purposes for 
implementing depth-based management and the setting of closed areas as 
described in this paragraph.
* * * * *
    (d) Automatic actions. Automatic management actions may be 
initiated by the NMFS Regional Administrator or designee without prior 
public notice, opportunity to comment, or a Council meeting. These 
actions are nondiscretionary, and the impacts must have been taken into 
account prior to the action. Unless otherwise stated, a single notice 
will be published in the Federal Register making the action effective 
if good cause exists under the APA to waive notice and comment.
    (1) Automatic actions are used to:
    (i) Close the MS or C/P sector when that sector's Pacific whiting 
allocation is reached, or is projected to be reached. The MS sector 
non-coop fishery may be closed by automatic action when the Pacific 
whiting or non-whiting allocation to the non-coop fishery has been 
reached or is projected to be reached.
    (ii) Close one or both MS and C/P sectors when a non-whiting 
groundfish species with allocations is reached or projected to be 
reached.
    (iii) Reapportion unused allocations of non-whiting groundfish 
species between the MS and C/P sectors.
    (iv) Reapportion the unused portion of the tribal allocation of 
Pacific whiting to the MS sector, C/P sector, and Shorebased IFQ 
sector.
    (v) Implement the Ocean Salmon Conservation Zone, described at 
Sec.  660.131, when NMFS projects the Pacific whiting fishery and the 
tribal whiting fishery combined will take in excess of 11,000 Chinook 
within a calendar year.
    (vi) Implement BRAs, described at Sec.  660.131, when NMFS projects 
a sector-specific allocation will be reached before the sector's 
whiting allocation.
    (2) Automatic actions are effective when actual notice is sent by 
NMFS identifying the effective time and date. Actual notice to fishers 
and processors will be by email, Internet 
www.westcoast.fisheries.noaa.gov/publications/fishery_management/groundfish/public_notices/recent_public_notices.html), phone, letter, 
or press release. Allocation reapportionments will be followed by 
publication in the Federal Register, in which public comment will be 
sought for a reasonable period of time thereafter.
    (e) [Reserved]
* * * * *
0
6. In Sec.  660.100, revise the first sentence of the introductory 
paragraph to read as follows:


Sec.  660.100  Purpose and scope.

    This subpart applies to the Pacific coast groundfish limited entry 
trawl fishery. * * *
0
7. In Sec.  660.111:
0
a. Revise the definition for ``Catcher/Processor Coop Program or C/P 
Coop Program'';
0
b. Add a definition for ``Maximized retention'';
0
c. Revise the definition for ``Mothership Coop Program or MS Coop 
Program'';
0
d. Add a definition for ``Pacific whiting fishery''; and
0
e. Revise the definitions for ``Pacific whiting IFQ Fishery,'' 
``Pacific whiting IFQ trip,'' and ``Shorebased IFQ Program,'' in 
alphabetical order to read as follows:


Sec.  660.111  Trawl fishery--definitions.

* * * * *
    Catcher/Processor (C/P) Coop Program or C/P sector, refers to the 
fishery described at Sec.  660.160, subpart D. The C/P Coop Program is 
composed of vessels registered to a limited entry permit with a C/P 
endorsement and a valid declaration for limited entry, midwater trawl, 
Pacific whiting catcher/processor sector.
* * * * *
    Maximized retention means a vessel retains all catch from a trip 
until landing, subject to the specifications of this subpart.
* * * * *
    Mothership (MS) Coop Program or MS sector refers to the fishery 
described at Sec.  660.150, subpart D, and includes both the coop and 
non-coop fisheries. The MS Coop Program is composed of motherships with 
MS permits and catcher vessels registered to a limited entry permit 
with an MS/CV endorsement and a valid declaration for limited entry, 
midwater trawl, Pacific whiting mothership sector. The MS Coop Program 
also includes vessels registered to a limited entry permit without an 
MS/CV endorsement if the vessel is authorized to harvest the MS 
sector's allocation and has a valid declaration for limited entry, 
midwater trawl, Pacific whiting mothership sector.
* * * * *
    Pacific whiting fishery refers to the Pacific whiting primary 
season fisheries described at Sec.  660.131. The Pacific whiting 
fishery is composed of vessels participating in the C/P Coop Program, 
the MS Coop Program, or the Pacific whiting IFQ fishery.
    Pacific whiting IFQ fishery is composed of vessels on Pacific 
whiting IFQ trips.
    Pacific whiting IFQ trip means a trip in which a vessel uses 
midwater groundfish trawl gear during the dates of the Pacific whiting 
primary season to target Pacific whiting, and Pacific whiting 
constitutes 50 percent or more of the catch by weight at landing as 
reported on the state landing receipt. Vessels on Pacific whiting IFQ 
trips must have a valid declaration for limited entry midwater trawl, 
Pacific whiting shorebased IFQ.
* * * * *
    Shorebased IFQ Program or Shorebased IFQ sector, refers to the 
fishery described at Sec.  660.140, subpart D, and includes all vessels 
on IFQ trips.
* * * * *
0
8. In Sec.  660.112, revise paragraph (a)(2), paragraphs (b)(1)(viii) 
through (x), and (b)(2)(ii) to read as follows:


Sec.  660.112  Trawl fishery--prohibitions.

* * * * *
    (a) * * *
    (2) Sorting, retention, and disposition.
    (i) Fail to sort, retain, discard, or dispose of catch consistent 
with the requirements specified at Sec. Sec.  660.130(d), 660.140 
(b)(2)(iii) and (viii), 660.140(g), and 660.140(j)(2).
    (ii) Fail to sort, retain, discard, or dispose of prohibited and 
protected species from maximized retention landings consistent with the 
requirements specified at Sec.  660.140(g)(3).

[[Page 52022]]

    (iii) Retain for personal use or allow to reach commercial markets 
any part of any prohibited or protected species.
* * * * *
    (b) * * *
    (1) * * *
    (viii) Fish on a Pacific whiting IFQ trip with a gear other than 
midwater groundfish trawl gear.
    (ix) Fish on a Pacific whiting IFQ trip without a valid declaration 
for limited entry midwater trawl, Pacific whiting shorebased IFQ.
    (x) Use midwater groundfish trawl gear Pacific whiting IFQ fishery 
primary season dates as specified at Sec.  660.131(b).
* * * * *
    (2) * * *
    (ii) Fail to sort or dispose of catch received from an IFQ trip in 
accordance with the requirements of Sec. Sec.  660.130(d) and 
660.140(g)(3).
* * * * *
0
9. In Sec.  660.130:
0
a. Revise paragraphs (a), (c)(3), and (c)(4)(i)(A) through (E);
0
b. Remove paragraph (c)(4)(i)(F);
0
c. Revise paragraphs (d)(2)(i) and (3), paragraph (e) introductory 
text, and paragraphs (e)(4)(i) and (ii); and
0
d. Add paragraphs (e)(6) through (7) to read as follows:


Sec.  660.130  Trawl fishery--management measures.

    (a) General. This section applies to the limited entry trawl 
fishery. Most species taken in the limited entry trawl fishery will be 
managed with quotas (see Sec.  660.140), allocations or set-asides (see 
Sec.  660.150 or Sec.  660.160), or cumulative trip limits (see trip 
limits in Tables 1 (North) and 1 (South) of this subpart), size limits 
(see Sec.  660.60 (h)(5), subpart C), seasons (see Pacific whiting at 
Sec.  660.131(b), subpart D), gear restrictions (see paragraph (b) of 
this section) and closed areas (see paragraph (e) of this section and 
Sec. Sec.  660.70 through 660.79, subpart C). The limited entry trawl 
fishery has gear requirements and harvest limits that differ by the 
type of groundfish trawl gear on board and the area fished. Groundfish 
vessels operating south of Point Conception must adhere to CCA 
restrictions (see paragraph (e)(1) of this section and Sec.  660.70, 
subpart C). The trip limits in Tables 1 (North) and 1 (South) of this 
subpart applies to vessels participating in the limited entry trawl 
fishery and may not be exceeded. Federal commercial groundfish 
regulations are not intended to supersede any more restrictive state 
commercial groundfish regulations relating to federally-managed 
groundfish.
* * * * *
    (c) * * *
    (3) Fishing with midwater groundfish trawl gear.
    (i) North of 40[deg]10' N. lat., midwater groundfish trawl gear is 
required for Pacific whiting fishery vessels; midwater groundfish trawl 
gear is allowed for vessels targeting non-whiting species during the 
Pacific whiting primary season for the Pacific whiting IFQ fishery. 
Also see restrictions on the use of midwater groundfish trawl gear 
within the RCAs north of 40[deg]10' N. lat. at Sec.  660.130(e)(4)(i).
    (ii) South of 40[deg]10' N. lat., midwater groundfish trawl gear is 
prohibited shoreward of the RCA boundaries and permitted seaward of the 
RCA boundaries.
    (4) * * *
    (i) * * *
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may not have 
both bottom groundfish trawl gear and midwater groundfish trawl gear 
onboard simultaneously. A vessel may have more than one type of limited 
entry bottom trawl gear on board, either simultaneously or 
successively, during a cumulative limit period. A vessel may have more 
than one type of midwater groundfish trawl gear on board, either 
simultaneously or successively, during a cumulative limit period.
    (B) If a vessel fishes exclusively with large or small footrope 
trawl gear during an entire cumulative limit period, the vessel is 
subject to the small or large footrope trawl gear cumulative limits and 
that vessel must fish seaward of the RCA boundaries during that limit 
period.
    (C) If a vessel fishes exclusively with selective flatfish trawl 
gear during an entire cumulative limit period, then the vessel is 
subject to the selective flatfish trawl gear-cumulative limits during 
that limit period, regardless of whether the vessel is fishing 
shoreward or seaward of the RCA boundaries.
    (D) If more than one type of bottom groundfish trawl gear 
(selective flatfish, large footrope, or small footrope) is on board, 
either simultaneously or successively, at any time during a cumulative 
limit period, then the most restrictive cumulative limit associated 
with the bottom groundfish trawl gear on board during that cumulative 
limit period applies for the entire cumulative limit period, regardless 
of whether the vessel is fishing shoreward or seaward of the RCA.
    (E) If a vessel fishes both north and south of 40[deg]10' N. lat. 
with any type of small footrope gear onboard the vessel at any time 
during the cumulative limit period, the most restrictive trip limit 
associated with the gear on board applies for that trip and will count 
toward the cumulative trip limit for that gear (See crossover 
provisions at Sec.  660.120.)
* * * * *
    (d) * * *
    (2) * * *
    (i) First receivers. Fish landed at IFQ first receivers (including 
shoreside processing facilities and buying stations that intend to 
transport catch for processing elsewhere) must be sorted, prior to 
first weighing after offloading from the vessel and prior to transport 
away from the point of landing, with the following exception: Catch 
from a Pacific whiting IFQ trip may be sorted after weighing as 
specified at Sec.  660.140(j)(2).
* * * * *
    (3) Sorting requirements for the MS Coop and the C/P Coop Programs.
    (i) Processing vessels in the MS and C/P Coop Programs may use a 
bulk weighing scale in compliance with the equipment requirement at 
Sec.  660.15(b) to derive an accurate total catch weight prior to 
sorting. Immediately following weighing of the total catch, the catch 
must be sorted to the species groups specified in paragraph (d)(1) of 
this section and all catch of-groundfish and non-groundfish species 
must be accurately accounted for and the weight of all catch other than 
a single predominant species deducted from the total catch weight to 
derive the weight of a single predominant species.
    (ii) If sorting occurs on a catcher vessel in the MS Coop Program, 
the catch must not be discarded from the vessel and the vessel must not 
mix catch from hauls until the observer has sampled the catch.
    (e) Groundfish conservation areas (GCAs) applicable to trawl 
vessels. A GCA, a type of closed area, is a geographic area defined by 
coordinates expressed in degrees of latitude and longitude. The 
latitude and longitude coordinates of the GCA boundaries are specified 
at Sec. Sec.  660.70 through 660.74. A vessel that is fishing within a 
GCA listed in this paragraph (e) with trawl gear authorized for use 
within a GCA may not have any other type of trawl gear on board the 
vessel. The following GCAs apply to vessels participating in the 
limited entry trawl fishery. Additional closed areas that specifically 
apply to vessels using midwater groundfish trawl gear are described at 
Sec.  660.131(c).
* * * * *
    (4) * * *

[[Page 52023]]

    (i) Operating a vessel with groundfish trawl gear onboard within a 
trawl RCA is prohibited, except for the purpose of continuous transit, 
or under the following conditions when the vessel has a valid 
declaration for the allowed fishing:
    (A) Midwater groundfish trawl gear may be used within the RCAs 
north of 40[deg]10' N. lat. by vessels targeting Pacific whiting or 
non-whiting during the applicable Pacific whiting primary season.
    (B) Vessels fishing with demersal seine gear between 38[deg] N. 
lat. and 36[deg] N. lat. shoreward of a boundary line approximating the 
100 fm (183 m) depth contour as defined at Sec.  660.73, subpart C, may 
have groundfish trawl gear onboard.
    (ii) Trawl vessels may transit through an applicable GCA, with or 
without groundfish on board, provided all groundfish trawl gear is 
stowed either: Below deck; or if the gear cannot readily be moved, in a 
secured and covered manner, detached from all towing lines, so that it 
is rendered unusable for fishing; or remaining on deck uncovered if the 
trawl doors are hung from their stanchions and the net is disconnected 
from the doors. These restrictions do not apply to vessels allowed to 
fish within the trawl RCA under paragraph (e)(4)(i) of this section.
* * * * *
    (6) Bycatch reduction areas (BRAs). Vessels using midwater 
groundfish trawl gear during the applicable Pacific whiting primary 
season may be prohibited from fishing shoreward of a boundary line 
approximating the 75 fm (137 m), 100 fm (183 m) or 150 fm (274 m) depth 
contours.
    (7) Eureka management area midwater trawl trip limits. No more than 
10,000-lb (4,536 kg) of whiting may be taken and retained, possessed, 
or landed by a vessel that, at any time during a fishing trip, fished 
with midwater groundfish trawl gear in the fishery management area 
shoreward of the 100 fm (183 m) depth contour in the Eureka management 
area.
0
10. In Sec.  660.131, revise paragraphs (a), (b)(1), paragraph (b)(2) 
introductory text, paragraphs (b)(2)(i) and (ii), paragraph (b)(2)(iii) 
introductory text, paragraph (b)(3) introductory text, paragraph 
(b)(3)(ii), paragraph (c) introductory text, and paragraphs (c)(4), 
(d), and (h)(2) to read as follows:


Sec.  660.131  Pacific whiting fishery management measures.

    (a) General. This section applies to the MS sector, the C/P sector, 
the Pacific whiting IFQ fishery, and Shorebased IFQ vessels targeting 
Pacific whiting under trip limits outside the Pacific whiting primary 
season.
    (b) Pacific whiting primary seasons and Pacific whiting trip 
limits.
    (1) Pacific whiting fishery primary seasons.
    (i) For the Pacific whiting IFQ fishery, the primary season is the 
period(s) of the large-scale Pacific whiting target fishery conducted 
after the primary season start date.
    (ii) For the C/P sector, the primary season is the period(s) when 
catching and at-sea processing are allowed (after the season closes, 
at-sea processing of any fish already on board the processing vessel is 
allowed to continue).
    (iii) For vessels delivering to motherships, the primary season is 
the period(s) when catching and at-sea processing is allowed for the MS 
sector (after the season closes, at-sea processing of any fish already 
on board the processing vessel is allowed to continue).
    (2) Different primary season start dates. North of 40[deg]30' N. 
lat., different primary season starting dates may be established for 
the C/P Coop Program, the MS Coop Program, and in the Pacific whiting 
IFQ fishery for vessels delivering to IFQ first receivers north of 
42[deg] N. lat. and vessels delivering to IFQ first receivers between 
42[deg] and 40[deg]30' N. lat.
    (i) Procedures. The Pacific whiting primary seasons north of 
40[deg]30' N. lat. generally will be established according to the 
procedures of the PCGFMP for developing and implementing harvest 
specifications and apportionments. The season opening dates remain in 
effect unless changed.
    (ii) Criteria. The start of a Pacific whiting primary season may be 
changed based on a recommendation from the Council and consideration of 
the following factors, if applicable: Size of the harvest guidelines 
for whiting and bycatch species; age/size structure of the whiting 
population; expected harvest of bycatch and prohibited species; 
availability and stock status of prohibited species; expected 
participation by catchers and processors; the period between when 
catcher vessels make annual processor obligations and the start of the 
fishery; environmental conditions; timing of alternate or competing 
fisheries; industry agreement; fishing or processing rates; and other 
relevant information.
    (iii) Primary whiting season start dates and duration. After the 
start of a primary season for a sector of the Pacific whiting fishery, 
the primary season remains open for that sector until the sector 
allocation of whiting or non-whiting groundfish (with allocations) is 
reached or projected to be reached and the primary season for that 
sector is closed by NMFS. The starting dates for the primary seasons 
are as follows:
* * * * *
    (3) Pacific whiting trip limits. For Shorebased IFQ Program vessels 
targeting Pacific whiting outside the primary season, the ``per trip'' 
limit for whiting is announced in Table 1 of this subpart. The per-trip 
limit is a routine management measure under Sec.  660.60(c). This trip 
limit includes any whiting caught shoreward of 100 fm (183 m) in the 
Eureka management-area. The per-trip limit for other groundfish species 
are announced in Table 1 (North) and Table 1 (South) of this subpart 
and apply as follows:
    (i) * * *
    (ii) If a vessel on a Pacific whiting IFQ trip harvests a 
groundfish species other than whiting for which there is a midwater 
trip limit, then that vessel may also harvest up to another footrope-
specific limit for that species during any cumulative limit period that 
overlaps the start or close of the primary season.
    (c) Closed areas. Vessels fishing during the Pacific whiting 
primary seasons shall not target Pacific whiting with midwater 
groundfish trawl gear in the following portions of the fishery 
management area:
* * * * *
    (4) Bycatch reduction areas (BRAs). Bycatch reduction area closures 
specified at Sec.  660.130(e) may be implemented inseason through 
automatic action when NMFS projects that a Pacific whiting sector will 
exceed an allocation for a non-whiting groundfish species specified for 
that sector before the sector's whiting allocation is projected to be 
reached.
    (d) Eureka management area trip limits. Trip landing or frequency 
limits may be established, modified, or removed under Sec.  660.60 or 
this paragraph, specifying the amount of Pacific whiting that may be 
taken and retained, possessed, or landed by a vessel that, at any time 
during a fishing trip, fished in the fishery management area shoreward 
of the 100 fathom (183 m) contour in the Eureka management area. Unless 
otherwise specified, no more than 10,000-lb (4,536 kg) of whiting may 
be taken and retained, possessed, or landed by a vessel that, at any 
time during a fishing trip, fished in the fishery management area 
shoreward of the 100 fm (183 m) contour in the Eureka management area.
* * * * *
    (h) * * *

[[Page 52024]]

    (2) The reapportionment of surplus whiting will be made by actual 
notice under the automatic action authority provided at Sec.  
660.60(d)(1).
* * * * *
0
11. In Sec.  660.140:
0
a. Revise paragraph (a) introductory text;
0
b. Revise paragraphs (b)(2)(i) through (iii); and
0
c. Revise paragraphs (g) and (j)(2)(viii) to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (a) General. The regulations in this section apply to the 
Shorebased IFQ Program. The Shorebased IFQ Program includes a system of 
transferable QS for most groundfish species or species groups, IBQ for 
Pacific halibut, and trip limits or set-asides for the remaining 
groundfish species or species groups. NMFS will issue a QS permit to 
eligible participants and will establish a QS account for each QS 
permit owner to track the amount of QS or IBQ and QP or IBQ pounds 
owned by that owner. QS permit owners may own QS or IBQ for IFQ 
species, expressed as a percent of the allocation to the Shorebased IFQ 
Program for that species. NMFS will issue QP or IBQ pounds to QS permit 
owners, expressed in pounds, on an annual basis, to be deposited in the 
corresponding QS account. NMFS will establish a vessel account for each 
eligible vessel owner participating in the Shorebased IFQ Program, 
which is independent of the QS permit and QS account. In order to use 
QP or IBQ pounds, a QS permit owner must transfer the QP or IBQ pounds 
from the QS account into the vessel account for the vessel to which the 
QP or IBQ pounds is to be assigned. Harvests of IFQ species may only be 
delivered to an IFQ first receiver with a first receiver site license. 
In addition to the requirements of this section, the Shorebased IFQ 
Program is subject to the following groundfish regulations of subparts 
C and D:
* * * * *
    (b) * * *
    (2) * * *
    (i) Ensure that all catch removed from a vessel making an IFQ 
delivery is weighed on a scale or scales meeting the requirements 
described in Sec.  660.15(c).
    (ii) Ensure that all catch is landed, sorted, and weighed in 
accordance with a valid catch monitoring plan as described in Sec.  
660.140(f)(3)(iii).
    (iii) Ensure that all catch is sorted, prior to first weighing, as 
specified at Sec.  660.130(d) and consistent with Sec.  
660.140(j)(2)(viii).
* * * * *
    (g) Retention and disposition requirements.
    (1) General. Shorebased IFQ Program vessels may discard IFQ 
species/species groups, provided such discards are accounted for and 
deducted from QP in the vessel account. With the exception of vessels 
on Pacific whiting IFQ trips engaged in maximized retention, prohibited 
and protected species must be discarded at sea; Pacific halibut must be 
discarded as soon as practicable and the discard mortality must be 
accounted for and deducted from IBQ pounds in the vessel account. Non-
IFQ species and non-groundfish species may be discarded at sea. The 
sorting of catch, the weighing and discarding of any IBQ and IFQ 
species, and the retention of IFQ species must be monitored by the 
observer.
    (2) Maximized retention for Pacific whiting IFQ trips. Vessels on 
Pacific whiting IFQ trips may engage in maximized retention. Maximized 
retention allows for the discard minor operational amounts of catch at 
sea if the observer has accounted for the discard. Vessels engaged in 
maximized retention must retain prohibited species until landing. 
Protected species may be retained until landing except as provided 
under paragraph (g)(3) of this section. Pacific halibut must be 
accounted for and deducted from IBQ pounds in the vessel account.
    (3) Disposition of prohibited species and protected species in 
maximized retention landings.
    (i) Prohibited species handling and disposition. To ensure 
compliance with fishery regulations at 50 CFR part 300, subparts E and 
F, and part 600, subpart H; with the Pacific Salmon Fishery Management 
Plan; and with the Pacific Halibut Catch Share Plan; the handling and 
disposition of all prohibited species in maximized retention landings 
are the responsibility of the first receiver and must be consistent 
with the following requirements:
    (A) Any prohibited species landed at first receivers must not be 
transferred, processed, or mixed with another landing until the catch 
monitor has: Recorded the number and weight of salmon by species; 
inspected all prohibited species for tags or marks; and, collected 
biological data, specimens, and genetic samples.
    (B) No part of any prohibited species may be retained for personal 
use by a vessel owner or crew member, or by a first receiver or 
processing crew member. No part of any prohibited species may be 
allowed to reach commercial markets.
    (C) Prohibited species suitable for human consumption at landing 
must be handled and stored to preserve the quality. Priority in 
disposition must be given to the donation to surplus food collection 
and distribution system operated and established to assist in bringing 
donated food to nonprofit charitable organizations and individuals for 
the purpose of reducing hunger and meeting nutritional needs.
    (D) The first receiver must report all prohibited species landings 
on the electronic fish ticket and is responsible for maintaining 
records verifying the disposition of prohibited species. Records on 
catch disposition may include, but are not limited to: Receipts from 
charitable organizations that include the organization's name and 
amount of catch donated; cargo manifests setting forth the origin, 
weight, and destination of all prohibited species; or disposal receipts 
identifying the recipient organization and amount disposed. Any such 
records must be maintained for a period not less than three years after 
the date of disposal and such records must be provided to OLE upon 
request.
    (ii) Protected Species handling and disposition. All protected 
species must be abandoned to NMFS or the US Fish and Wildlife Service 
or disposed of consistent with paragraphs (g)(3)(ii)(A) and (B) of this 
section. No part of any protected species may be retained for personal 
use by a vessel owner or crew member, or by a first receiver or 
processing crew member. No part of any protected species may be allowed 
to reach commercial markets.
    (A) Eulachon and green sturgeon. Must be sorted and reported by 
species on electronic fish tickets and state landing receipts and may 
not be reported in unspecified categories. Whole body specimens of 
green sturgeon must be retained, frozen, stored separately by delivery, 
and labeled with the vessel name, electronic fish ticket number, and 
date of landing. Arrangements for transferring the specimens must be 
made by contacting NMFS Southwest Fisheries Science Center at 831-420-
3903 within 72 hours after the completion of the offload.
    (B) Seabirds, marine mammals, and sea turtles. Albatross must 
reported to the US Fish and Wildlife Service 541-867-4558 extension 237 
or 503-231-6179) as soon as possible and directions for surrendering 
must be followed. Marine mammals and sea turtles must be reported to 
NMFS as soon as possible (206- 526-6550) and directions for 
surrendering or disposal must be followed. Whole body specimens must 
labeled with the vessel name, electronic fish ticket number, and date 
of landing. Whole body specimens must be kept

[[Page 52025]]

frozen or on ice until arrangements for surrendering or disposing are 
completed. Unless directed otherwise, after reporting is completed, 
seabirds, marine mammals, and sea turtles may be disposed by 
incinerating, rendering, composting, or returning the carcasses to sea.
* * * * *
    (j) * * *
    (2) * * *
    (viii) Pacific whiting IFQ trips. Immediately following weighing of 
the total catch and prior to processing or transport away from the 
point of landing, the catch must be sorted to the species groups 
specified at Sec.  660.130(d) and all catch other than the target 
species (groundfish and non groundfish species) must be accurately 
weighed and the weight of non-target species deducted from the total 
catch weight to derive the weight of a single predominant species. 
Catch from a Pacific whiting IFQ trip may be sorted after weighing and 
the weight of a single predominant species determined by deducting the 
weight of all other species from the total weight of the landing, 
provided that:
    (A) The unsorted catch is weighed on a bulk weighing scale in 
compliance with equipment requirements at Sec.  660.15(c);
    (B) All catch (groundfish and non-groundfish species) in the 
landing other than the single predominant species is reweighed on a 
scale in compliance with equipment requirements at Sec.  660.15(c) and 
the reweighed catch is deducted from the total weight of the landing;
    (C) The catch is sorted to the species groups specified at Sec.  
660.130(d) prior to processing or transport away from the point of 
landing; and
    (D) Prohibited species are sorted by species, counted, and weighed.
* * * * *
0
12. In Sec.  660.405, revise paragraph (a) introductory text to read as 
follows:


Sec.  660.405  Prohibitions.

    (a) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter, it is unlawful for any person to do any of the 
following, except as otherwise authorized under this part:
* * * * *
[FR Doc. 2015-20751 Filed 8-26-15; 8:45 am]
 BILLING CODE 3510-22-P