[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71975-71981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 140214140-5999-01]
RIN 0648-BD92


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Seabird Avoidance Measures

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

ACTION: Final rule.

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SUMMARY: This final rule implements a Seabird Avoidance Program in the 
Pacific Coast Groundfish Fishery. The rule was recommended by the 
Pacific Fishery Management Council (Council) in November 2013 to 
minimize the take of ESA-listed short-tailed albatross (Phoebastria 
albatrus). A 2012 U.S. Fish and Wildlife Service (USFWS) Biological 
Opinion (Opinion) required NMFS to initiate implementation of 
regulations within 2 years that mandate the use of seabird avoidance 
measures by vessels greater than or equal to 55 feet length overall 
(LOA) using bottom longline gear to harvest groundfish. The seabird 
avoidance measures, including streamer lines that deter birds from 
ingesting baited hooks, are modeled after a similar regulatory program 
in effect for the Alaskan groundfish fishery.

DATES: Effective on December 18, 2015.

ADDRESSES: Information relevant to this final rule, which includes a 
final environmental assessment (EA), are available from William W. 
Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand 
Point Way NE., Seattle, WA 98115-0070. Electronic copies of this final 
rule are also available at the NMFS West Coast Region Web site: http://www.westcoast.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, 206-526-4646; (fax) 
206-526-6736; [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The purpose of this rule is to reduce interactions between ESA-
listed seabirds and groundfish longline gear. This final rule amends 
the regulations governing the Pacific Coast Groundfish Fishery 
(fishery) to require seabird avoidance measures--specifically, the use 
of streamer lines and related provisions similar to those currently 
mandated in the Alaskan groundfish fishery--by vessels 55 ft LOA or 
greater in the bottom longline fishery.
    This rule is needed to minimize takes of endangered short-tailed 
albatross and comply with a 2012 Biological Opinion (Opinion) issued by 
the U.S. Fish and Wildlife Service.
    In sum, the rule:
     Requires the use of streamer lines in the commercial 
longline fishery of the Pacific Coast Groundfish Fishery for non-tribal 
vessels 55 feet in length or greater;
     Requires vessels to deploy one or two streamer lines 
depending on the type of longline gear being set;
     Requires that streamer lines meet technical specifications 
and be available for inspection; and
     Allows for a rough weather exemption from using streamer 
lines for safety purposes. The threshold for the rough weather 
exemption is a Gale Warning as issued by the National Weather Service.
    The rule is designed to be consistent with the requirements of the 
Opinion and responsive to issues raised through the public process and 
consultation with experts.

Comments and Responses

    NMFS solicited public comment on the proposed seabird avoidance 
measures (79 FR 53401, September 9, 2014). The comment period ended 
October 9, 2014. NMFS received seven comment letters from individuals 
or organizations. The letters are available in their entirety from NMFS 
(see

[[Page 71976]]

ADDRESSES) or at the following web address: http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;dct=PS;D=NOAA-NMFS-2014-0099. For clarity 
in responding, comments have been organized into the following 
categories, which are addressed in turn below: Monitoring, Gear 
Specification and Performance, Scope, Environmental Assessment, and 
Other.

Monitoring

    Comment 1: Observers or Electronic Monitoring should be used to 
monitor compliance with performance and materials standards in order 
for the seabird avoidance regulations to be effective.
    Response: NMFS agrees. The West Coast Groundfish Observer Program 
(WCGOP) developed and implemented a sampling protocol in 2009 and 2010 
to characterize the longline fleet and its use of seabird avoidance 
gear. The protocol was designed to provide data on the types of 
streamer lines being deployed and the performance of the streamers 
insofar as it can be determined visually. For example, observers 
recorded the number of streamer lines deployed; where the streamer 
lines were deployed relative to sinking hooks; the deployment of towed 
objects on the end of streamer lines; the extent of streamer lines 
relative to the water surface; the number of streamers on each line; 
the color and material of the streamers; the distance between 
streamers; the distance from the stern to the first streamer; and a 
range of measurements associated with the design and performance of 
streamer lines. The information can be used by managers to assess the 
performance of streamer lines at sea. Observers currently record the 
type of seabird avoidance gear being used. In 2015, this will include a 
distinction between single and double streamer lines. Observers also 
record the catch of seabirds which is the ultimate determinant of the 
performance of seabird avoidance measures. In response to this comment 
and the ongoing need to characterize the use of seabird avoidance gear, 
WCGOP will refine the sampling protocol for implementation in 2016 or 
earlier as opportunity allows.
    Comment 2: NMFS should use either human observers or electronic 
means to monitor seabird interactions in the at-sea hake fishery 
because there is a high overlap of fishing areas with albatross 
occurrence; and, the fleet's practice of continuous offal discharge may 
attract birds. It is known that bird strikes with trawl cables cause 
high mortality of albatross in other regions.
    Response: As described in the BiOp, seabirds are attracted to offal 
plumes and can strike trawl cables, sonar cables, or become entangled 
on nets at or near the surface. Such interactions are unlikely to be 
detected as they do not show up on the deck to be sampled under normal 
observer protocols. NMFS agrees with the need to characterize seabird 
mortality in the at-sea hake fishery and is committed to developing a 
monitoring plan; however, there are significant issues associated with 
both the observer program and electronic monitoring that make it 
premature to choose a specific course of action at this time.
    Regarding the observer program, observer duties are carefully 
prescribed according to priorities developed to support fishery 
management decisions. The main priority is to monitor catch 
composition--including seabirds that come up with the trawl. Each 
processing vessel carries two observers. Observers subsample the catch 
to collect data used to estimate catch composition. In addition, the 
observers collect biological data from groundfish, protected species 
including seabirds, and prohibited species. Observers are required to 
be in the factory, below deck, for the majority of their sampling. 
Observation of trawl and sonar cables would occur on deck and take a 
significant amount of time away from catch composition sampling.
    Electronic monitoring is in a developmental stage for West Coast 
groundfish fisheries and significant research is necessary before it is 
practicable to apply to seabird monitoring in the at-sea hake fishery. 
Similar to observers, electronic monitoring is being developed to 
monitor catch composition. There have not been formal investigations 
into the effectiveness and practicability of training cameras away from 
the deck to monitor trawl and sonar cables.
    NMFS will pursue a monitoring plan by working through the Council 
and its appropriate committees, such as the Council's ESA Working Group 
that was established specifically to implement the Opinion; and, ad hoc 
committees composed to advise the Council on the development of 
electronic monitoring. Such committees offer a formal opportunity to 
engage the Council in monitoring and conservation issues and is the 
most appropriate opportunity to develop an effective and practicable 
monitoring plan.
    Comment 3: Observers should record wind speed to associate weather 
data with seabird interactions in order to assess impacts associated 
with the rough weather exemption.
    Response: NMFS agrees. Observers currently record weather 
conditions using the Beaufort scale for any sighting or take of an ESA-
listed species, including short-tailed albatross. Weather observations 
are currently made at the time the observer encounters the animal 
which, in longline fisheries, is usually during the retrieval of gear. 
The weather conditions during retrieval may be different from when the 
mortality event occurred, which is typically as gear is being set. For 
this reason, and in response to this comment, NMFS will modify WCGOP 
sampling protocols so that observers record weather conditions as 
longlines are being set for at least a subset of hauls. The modified 
protocol may not be fully effective until 2016 due to program 
logistics.
    Comment 4: NMFS should monitor the free streamer line program to 
determine if lines are being used properly, ensure plastic components 
of the streamer lines are not illegally discarded at sea, and to avoid 
wasteful spending of U.S. tax dollars that are funding the program.
    Response: NMFS agrees. Consistent with the response to Comment 1 
above, observers are monitoring the performance of streamer lines at 
sea. Observers also monitor for violations of the International 
Convention for the Prevention of Pollution from Ships (MARPOL) that 
prohibits the at-sea disposal of all plastics. Observers document 
compliance infractions and suspected violations in their logbook and 
complete a written statement during debriefing.

Gear Specification and Performance

    Comment 5: NMFS should exempt the requirement to use streamer lines 
during longline sets that take place at night. Based on 20 years of 
personal experience, I have never encountered a seabird on a night set. 
Requiring streamer lines during night sets imposes a safety risk and 
inconvenience without reducing seabird mortality.
    Response: To address this comment, NMFS conducted an analysis to 
determine if seabird catch rates differ when the longline gear is set 
in the dark versus the light. The analysis shows a reduction in the 
seabird bycatch when the gear is set at night and could provide an 
option for fishermen to not use streamer lines at night in the future. 
At this time, NMFS has determined that providing a night-setting 
exemption is outside the scope of the proposed rule. NMFS received 
comments from the Council on including an exemption for night setting, 
including comments from the U.S. Coast Guard representative,

[[Page 71977]]

which supported the exemption but requested further investigation into 
an exemption rather than inclusion in the regulations at this time.
    Comment 6: The proposed rule is inadequate and ineffective as a 
seabird bycatch mitigation measure. Best practices, as adopted by the 
Agreement on the Conservation of Albatrosses and Petrels (ACAP), do not 
support only using streamer lines to deter seabirds. Streamer lines 
should be used in conjunction with other measures such as weighting the 
line to maximize sink rates; actively deterring birds from baited hooks 
by using bird scaring lines; and, setting at night.
    Response: NMFS disagrees that the proposed rule is inadequate; 
however, NMFS agrees that the full range of best practices described by 
ACAP is an important component of effective seabird conservation. NMFS 
and the Council considered alternatives that would have implemented the 
full suite of ACAP best practices in the EA (see ADDRESSES). The 
measures described in the comment (other than streamer lines) are being 
pursued by non-regulatory means. NMFS and partner organizations are 
working with fishermen to encourage voluntary implementation of 
measures consistent with ACAP best practices, including sinking hooks 
quickly, night setting, and managing discharge of offal and bait. 
Fishermen on the West Coast have a significant incentive to avoid 
seabirds in order to ensure baited hooks are available to catch fish. A 
hook with a seabird on it precludes that opportunity and impacts the 
profitability of fishing operations. For this reason and as analyzed in 
the EA, NMFS and the Council determined that a non-regulatory approach 
to the full suite of best practices was the most appropriate at this 
time. This does not preclude regulatory approaches in the future should 
monitoring indicate that voluntary efforts are not sufficient. To that 
end, NMFS has worked to establish the ESA Working Group to consider new 
information and formulate advice on adaptive management to the Council.
    Comment 7: The proposed streamer line specifications are inadequate 
and ineffective. The specifications used under the Convention on the 
Conservation of Antarctic Marine Living Resources (CCAMLR) should be 
adopted, including: (1) Minimum of height at stern of 7 m; (2) minimum 
streamer line length of 150 m and the use of a drogue; (3) no rough 
weather exemption; and, (4) the aerial extent of streamer lines should 
be stipulated as a performance standard (100 m is suggested).
    Response: NMFS disagrees that the proposed streamer line 
specifications are inadequate and ineffective. The CCAMLR regulations 
reflect the development of seabird avoidance measures designed for the 
specific fisheries and seabird assemblages. The sub-Antarctic fisheries 
governed under CCAMLR include primarily Patagonia toothfish 
(Dissostichus eleginoides), which is fished with the Spanish method of 
bottom longlining, where the gear is more buoyant than that used on the 
West Coast. The majority of the vessels are large (30-50 m) and deploy 
gear from the stern at speeds of 10-13 knots. The prevalent seabirds 
incidentally taken are albatrosses and petrels species, many of which 
dive to foraging depths that are substantially deeper than the North 
Pacific albatross and other species that occur off the West Coast.
    In contrast, West Coast groundfish fisheries target primarily 
sablefish, which is a demersal species fished with bottom gear 
consisting of groundlines to which relatively short gangions are 
attached. In general, vessels deploy gear from the stern. The prevalent 
seabird species incidentally taken are fulmars, gulls, and albatrosses.
    The CCAMLR streamer line specifications are designed to provide 
more aerial coverage than is necessary or appropriate for West Coast 
groundfish fisheries. The minimum stern height, line length, and aerial 
extent specifications cover a greater area because longlines used in 
those fisheries are more buoyant and extend further behind the vessel 
than occurs in fisheries covered under this rule, and because the 
seabird species taken in CCAMLR fisheries dive to deeper depths than 
those on the West Coast. The specifications in this rule were 
recommended based on extensive research that demonstrated them to be 
effective in Alaskan groundfish fisheries, where the targeted fish 
species, vessels, and seabirds are similar and, in some cases, 
identical. More information on this research and the effectiveness of 
the streamer line specification in this final rule is available in the 
Opinion or EA (see ADDRESSES).
    NMFS notes however that preliminary research by Washington Sea 
Grant indicates that some vessels in West Coast groundfish fisheries 
are using floats on gangions to avoid predation by non-marketable 
bottom fish (i.e., hagfish). The floats may reduce the effectiveness of 
these streamer line specifications by keeping baited hooks in the water 
column past the extent of streamer lines. It is unclear at this time 
how widespread the use of floats is, how much it influences seabird 
catch rates, and what alternatives are appropriate if floats are 
determined to be a significant issue affecting seabird catch rates. 
Because the research is preliminary, and because the streamer line 
specifications in this final rule have been demonstrated to be 
effective in reducing seabird mortality and are required by the 
Opinion, NMFS is finalizing this rule and will continue to monitor its 
effectiveness to determine if future changes are warranted. NMFS is 
also continuing to support Washington Sea Grant in conducting this 
research and has worked to establish the ESA Working Group to consider 
new information and formulate advice on adaptive management to the 
Council.
    Comment 8: Vessels should not be permitted to take excessive 
numbers of seabirds. Vessels should be required to move to night 
setting for the remainder of the fishing season if seabird bycatch 
exceeds 0.01 seabirds per 1000 hooks in a set, or until the vessel is 
able to demonstrate a line sink rate of a minimum of 0.3 m/second to 15 
m depth. Applying a performance standard quickly halts lax and 
ineffective fishing practices.
    Response: A system does not currently exist within NMFS to hold 
individual vessels accountable for seabird mortality in real time. 
Similarly, it is not feasible for NMFS to monitor and enforce sink 
rates of longline gear on individual vessels. More importantly, NMFS 
does not believe such a system is necessary given that the final 
regulations are designed to effectively reduce seabird bycatch in the 
fleet where most of the seabirds are taken.

Scope of the Regulations

    Comment 9: Vessels smaller than 55 ft should be required to use 
seabird avoidance measures to minimize the chance that such vessels 
will take ESA-listed short-tailed albatross and other seabirds.
    Response: NMFS agrees that there may be a risk to short-tailed 
albatross from longline vessels under 55 ft; however, it would be 
premature to require that they use seabird avoidance gear at this time. 
The Opinion specifies that this rule apply to larger vessels for the 
following reasons: (1) Vessels under 55 ft have not been observed to 
interact with short-tailed albatross; (2) vessels under 55 ft are being 
encouraged through formal outreach described in the EA (see ADDRESSES) 
to deploy seabird avoidance measures on a voluntary basis; and, (3) 
NMFS does not have an appropriate technical

[[Page 71978]]

specification for streamer lines proven to be safe for smaller vessels. 
To address the latter, Washington Sea Grant is conducting research to 
determine safe and effective seabird avoidance measures for vessels 
under 55 ft. In limiting the requirement specified in the Opinion to 
vessels 55 ft and over, USFWS further required NMFS to adapt management 
as appropriate in response to that research and ongoing monitoring. 
NMFS is committed to review new information as it becomes available to 
determine if these regulations should be adapted to cover smaller 
vessels. To that end, NMFS has worked to establish the ESA Working 
Group to consider new information and formulate advice on adaptive 
management to the Council.
    Comment 10: NMFS should require that seabird avoidance measures be 
deployed in the at-sea hake fishery because there is a high overlap of 
fishing areas with albatross occurrence and the fleet's practice of 
continuous offal discharge that may attract birds. It is known that 
bird strikes with trawl cables cause high mortality of albatross in 
other regions.
    Response: NMFS agrees that there is a potential threat to seabirds 
associated with the at-sea hake fishery; however, it is premature to 
regulate that fishery at this time. As described in the response to 
Comment 2 above, NMFS will pursue a monitoring plan to assess the level 
of threat and appropriate responses. Regulating the at-sea hake fishery 
is outside the scope of this rule, which is focused on implementing 
requirements stipulated by USFWS in the Opinion. USFWS recognized the 
potential for interaction between seabirds and the at-sea hake fishery 
but determined that the focus of seabird avoidance measures should be 
the longline fleet. In doing so, USFWS further required NMFS to adapt 
management as appropriate in response to new information. NMFS is 
committed to reviewing new information as it becomes available to 
determine if these regulations should be adapted to other fisheries 
such as the at-sea hake fishery. To that end, NMFS has worked to 
establish the ESA Working Group to consider new information and 
formulate advice on adaptive management to the Council.

Environmental Assessment

    Comment 11: The EA must analyze whether short-tailed albatross are 
at higher risk of entanglement during high wind events.
    Response: NMFS agrees. The EA, in Section 4.1.1, acknowledges the 
uncertainty regarding seabird behavior during rough weather and 
concludes the exemption is not expected to significantly influence the 
overall reduction in seabird bycatch. NMFS is not aware of additional 
information pertinent to assessing the effects of rough weather on 
seabird encounters by longline vessels but will continue to monitor 
observer data and adapt management as new information becomes 
available. To that end, NMFS has worked to establish the ESA Working 
Group to consider new information and formulate advice on adaptive 
management to the Council.
    Comment 12: The EA does not adequately assess the effects of 
vessels under 55 ft on short-tailed albatross.
    Response: NMFS disagrees. Consistent with the response to Comment 
9, the EA acknowledges there may be a risk to short-tailed albatross 
from vessels under 55 ft and incorporates voluntary conservation and 
ongoing research into analysis of the status quo alternative (See 
ADDRESSES).

Other

    Comment 13: The groundfish fishery operates in important seabird 
foraging habitat as well as critical habitat of leatherback sea turtles 
and green sturgeon. Streamer lines may have unintended consequences if 
they are lost overboard. Streamers should be made of plant-based 
materials in order to minimize the biological risks associated with 
ingestion by marine animals.
    Response: In response to this comment, NMFS consulted with NOAA's 
Marine Debris Program to determine if there is evidence for streamer 
lines as marine debris in areas such as Alaska and Hawaii, where there 
are existing requirements for longline vessels to use them. Streamers 
(the plastic component of streamer lines) have been observed during 
shoreline clean-ups in Alaska; however, the quantity relative to other 
marine debris is very low. Reports from shoreline cleanups in Hawaii 
have not noted the presence of streamers. Given the low incidence of 
observed streamers, it would not be reasonable to change design 
specifications at this time. Streamer lines are constructed of 
materials, including plastics, sufficient to withstand at-sea 
conditions. A change in the material specifications would require 
significant research to ensure streamer lines would continue to 
function by reducing seabird entanglement. Such research is not 
practicable at this time. NMFS notes that intentional disposal at sea 
is unlikely because fishermen are subject to MARPOL, which prohibits 
the at-sea disposal of plastics.
    Comment 14: NMFS should ensure authorization of fisheries complies 
with the Migratory Bird Treaty Act (MBTA).
    Response: NMFS agrees. The final regulations are consistent with 
the MBTA.
    Comment 15: NMFS should provide, and crewmembers should be required 
to attend, workshops to identify and distinguish short-tailed albatross 
from other albatrosses and also to safely release live short-tailed 
albatrosses.
    Response: NMFS agrees that education and outreach is an important 
component of seabird conservation; however, NMFS disagrees that it 
should be required. NMFS has provided funding for Washington Sea Grant 
to conduct outreach that has included mailings to all fixed-gear permit 
holders, port meetings with fishermen, an internet site, and 
educational exhibits at trade shows. The material includes information 
on seabird avoidance, species identification, and how to handle hooked 
albatross. NMFS believes that these efforts have been successful in 
educating fishermen on issues related to seabird bycatch.
    Comment 16: A number of commenters were in support of the proposed 
regulations.
    Response: NMFS acknowledges this comment.

Changes from the Proposed Rule

    There are no substantial changes from the proposed rule. NMFS made 
one modification to re-locate the regulatory text so that it is grouped 
with other groundfish regulations. The goal of this change is to locate 
the seabird avoidance program regulations near other programs that 
apply to multiple sectors of the groundfish fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant 
Administrator has determined that this final rule is consistent with 
the Pacific Coast Groundfish FMP, other provisions of the MSA, and 
other applicable law.
    NMFS and the Council prepared a final Environmental Assessment (EA) 
for this regulation and concluded that there would not be a significant 
impact on the human environment as a result of this rule. A copy of the 
EA is available from NMFS (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Regulatory Flexibility Act requires Federal agencies to conduct 
a full RFAA unless the agency can certify that the proposed and/or 
final rule would not have a significant economic

[[Page 71979]]

impact on a substantial number of small entities.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a public notice that also serves as small 
entity compliance guide (the guide) was prepared. Copies of this final 
rule are available from the West Coast Regional Office, and the guide 
will be posted on the NMFS West Coast Region Web site and emailed to 
the groundfish fishery listserve. The guide and this final rule will be 
available upon request.
    NMFS issued Biological Opinions under the Endangered Species Act 
(ESA) on August 10, 1990, November 26, 1991, August 28, 1992, September 
27, 1993, May 14, 1996, and December 15, 1999, pertaining to the 
effects of the Groundfish FMP fisheries on Chinook salmon (Puget Sound, 
Snake River spring/summer, Snake River fall, upper Columbia River 
spring, lower Columbia River, upper Willamette River, Sacramento River 
winter, Central Valley spring, California coastal), coho salmon 
(Central California coastal, southern Oregon/northern California 
coastal), chum salmon (Hood Canal summer, Columbia River), sockeye 
salmon (Snake River, Ozette Lake), and steelhead (upper, middle and 
lower Columbia River, Snake River Basin, upper Willamette River, 
central California coast, California Central Valley, south/central 
California, northern California, southern California). These biological 
opinions have concluded that implementation of the FMP is not expected 
to jeopardize the continued existence of any endangered or threatened 
species under the jurisdiction of NMFS, or result in the destruction or 
adverse modification of critical habitat.
    NMFS issued a Supplemental Biological Opinion on March 11, 2006, 
concluding that neither the higher observed bycatch of Chinook in the 
2005 whiting fishery nor new data regarding salmon bycatch in the 
groundfish bottom trawl fishery required a reconsideration of its prior 
``no jeopardy'' conclusion. NMFS also reaffirmed its prior 
determination that implementation of the FMP is not likely to 
jeopardize the continued existence of any of the affected ESUs. Lower 
Columbia River coho (70 FR 37160, June 28, 2005) and Oregon Coastal 
coho (73 FR 7816, February 11, 2008) were relisted as threatened under 
the ESA. The 1999 biological opinion concluded that the bycatch of 
salmonids in the Pacific whiting fishery were almost entirely Chinook 
salmon, with little or no bycatch of coho, chum, sockeye, and 
steelhead.
    On December 7, 2012, NMFS completed a biological opinion concluding 
that the groundfish fishery is not likely to jeopardize non-salmonid 
marine species including listed eulachon, green sturgeon, humpback 
whales, Steller sea lions, and leatherback sea turtles. The opinion 
also concluded that the fishery is not likely to adversely modify 
critical habitat for green sturgeon and leatherback sea turtles. An 
analysis included in the same document as the opinion concluded that 
the fishery is not likely to adversely affect green sea turtles, olive 
ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific 
right whales, blue whales, fin whales, sperm whales, Southern Resident 
killer whales, Guadalupe fur seals, or the critical habitat for Steller 
sea lions.
    West Coast pot fisheries for sablefish are considered Category II 
fisheries under the Marine Mammal Protection Act (MMPA), indicating 
occasional interactions. All other West Coast groundfish fisheries, 
including the trawl fishery, are considered Category III fisheries 
under the MMPA, indicating a remote likelihood of or no known serious 
injuries or mortalities to marine mammals. MMPA section 101(a)(5)(E) 
requires that NMFS authorize the taking of ESA-listed marine mammals 
incidental to U.S. commercial fisheries if it makes the requisite 
findings, including a finding that the incidental mortality and serious 
injury from commercial fisheries will have a negligible impact on the 
affected species or stock. As noted above, NMFS concluded in its 
biological opinion for the 2012 groundfish fisheries that these 
fisheries were not likely to jeopardize Steller sea lions or humpback 
whales. The eastern distinct population segment of Steller sea lions 
was delisted under the ESA on November 4, 2013 (78 FR 66140). On 
September 4, 2013, based on its negligible impact determination dated 
August 28, 2013, NMFS issued a permit for a period of 3 years to 
authorize the incidental taking of humpback whales by the sablefish pot 
fishery (78 FR 54553).
    NMFS has reinitiated section 7 consultation on the Pacific Coast 
Groundfish FMP with respect to its effects on listed salmonids. In the 
event the consultation identifies either reasonable and prudent 
alternatives to address jeopardy concerns, or reasonable and prudent 
measures to minimize incidental take, NMFS would coordinate with the 
Council to put additional alternatives or measures into place, as 
required. After reviewing the available information, NMFS has concluded 
that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action 
will not jeopardize any listed species, would not adversely modify any 
designated critical habitat, and will not result in any irreversible or 
irretrievable commitment of resources that would have the effect of 
foreclosing the formulation or implementation of any reasonable and 
prudent alternative measures.
    On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) 
issued a biological opinion concluding that the groundfish fishery will 
not jeopardize the continued existence of the short-tailed albatross. 
The 2012 Opinion evaluated the risks of continued operation of the 
Pacific Coast groundfish fishery on ESA-listed seabirds, including 
short-tailed albatross. The 2012 Opinion included a Term and Condition 
requiring NMFS to promulgate regulations mandating the use of streamer 
lines by longline vessels 55 feet LOA or greater, patterned on the 
Alaska streamer line regulations. Accordingly, for the fishery to be 
exempt from the ESA section 9 prohibition regarding take of a listed 
species, NMFS must initiate implementation of streamer line regulations 
by November 21, 2014. The 2012 Opinion anticipates the yearly average 
take of one short-tailed albatross killed from longline hooks or trawl 
cables. As the short-tailed albatross population is expanding, it is 
expected to result in more interactions with the Pacific Coast 
Groundfish Fisheries. This action would implement one of the Terms and 
Conditions of the 2012 Opinion and reduce the risk of exceeding the 
take limits of short-tailed albatross, which in turn would reduce

[[Page 71980]]

the risk of economic harm to the fishing industry that could result 
from the incidental take limit being exceeded. The FWS also concurred 
that the fishery is not likely to adversely affect the marbled 
murrelet, California least tern, southern sea otter, bull trout, or 
bull trout critical habitat.
    This final rule does not contain a collection-of-information 
requirement subject to review and approval by OMB under the Paperwork 
Reduction Act (PRA).
    This final rule was developed after meaningful collaboration, 
through the Council process, with the tribal representative on the 
Council. The regulations have no direct effect on the tribes and were 
deemed by the Council as ``necessary or appropriate'' to implement the 
FMP as amended.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: November 10, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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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.


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2. In Sec.  660.11, add paragraph (6)(i)(A) and reserved paragraph 
(6)(i)(B) to the definition of ``Fishing gear'' and add the definition 
for ``Seabird'' in alphabetical order to read as follows:


Sec.  660.11  General definitions.

* * * * *
    Fishing gear * * *
    (6) * * *
    (i) * * *
    (A) Snap gear means a type of bottom longline gear where the hook 
and gangion are attached to the groundline using a mechanical fastener 
or snap.
    (B) [Reserved]
* * * * *
    Seabird means those bird species that habitually obtain their food 
from the sea below the low water mark.
* * * * *

0
3. In Sec.  660.12, add paragraph (a)(15) to read as follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (a) * * *
    (15) Fail to comply with the requirements of the Seabird Avoidance 
Program described in Sec.  660.21 when commercial fishing for 
groundfish using bottom longline gear.
* * * * *

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4. Add Sec.  660.21 to read as follows:


Sec.  660.21  Seabird Avoidance Program.

    This section contains the requirements of the Seabird Avoidance 
Program.
    (a) Purpose. The purpose of the Seabird Avoidance Program is to 
minimize interactions between fishing gear and seabird species, 
including short-tailed albatross (Phoebastria albatrus).
    (b) Applicability. The requirements specified in paragraph (c) of 
this section apply to the following fishing vessels:
    (1) Vessels greater than or equal to 55 ft (16.8 m) LOA engaged in 
commercial fishing for groundfish with bottom longline gear as defined 
in Sec.  660.11 pursuant to the gear switching provisions of the 
Limited Entry Trawl Fishery, Shorebased IFQ Program as specified in 
Sec.  660.140(k), or pursuant to Subparts E or F of this Part, except 
as provided in paragraph (b)(2) of this section.
    (2) Exemptions. The requirements specified in paragraph (c) of this 
section do not apply to Pacific Coast treaty Indian fisheries, as 
described at Sec.  660.50, or to anglers engaged in recreational 
fishing for groundfish, as described in Subpart G of this Part.
    (c) Seabird Avoidance Requirements--(1) General Requirements. The 
operator of a vessel described in paragraph (b)(1) of this section 
must:
    (i) Gear onboard. Have onboard the vessel seabird avoidance gear as 
specified in paragraph (c)(2) of this section.
    (ii) Gear inspection. Upon request by an authorized officer or 
observer, make the seabird avoidance gear available for inspection.
    (iii) Gear use. Use seabird avoidance gear as specified in 
paragraph (c)(2) of this section that meets the standards specified in 
paragraph (c)(3) of this section while bottom longline and snap gears 
are being deployed.
    (iv) Handling of hooked short-tailed albatross.
    (A) Safe release of live short-tailed albatross. Make every 
reasonable effort to ensure short-tailed albatross brought on board 
alive are released alive and that, whenever possible, hooks are removed 
without jeopardizing the life of the bird(s). If the vessel operator 
determines, based on personal judgment, that an injured bird is likely 
to die upon release, the vessel operator is encouraged to seek 
veterinary care in port. Final disposition of an injured bird will be 
with a Wildlife Rehabilitator. If needed, phone the U.S. Fish and 
Wildlife Service at 503-231-6179 to assist in locating a qualified 
Wildlife Rehabilitator to care for the short-tailed albatross.
    (B) Dead short-tailed albatross must be kept as cold as practicable 
while the vessel is at sea and frozen as soon as practicable upon 
return to port. Carcasses must be labeled with the name of vessel, 
location of hooking in latitude and longitude, and the number and color 
of any leg band if present on the bird. Leg bands must be left attached 
to the bird. Phone the U.S. Fish and Wildlife Service at 503-231-6179 
to arrange for the disposition of dead short-tailed albatross.
    (C) All hooked short-tailed albatross must be reported to U.S. Fish 
and Wildlife Service Law Enforcement by the vessel operator by phoning 
360-753-7764 (WA); 503-682-6131 (OR); or 916-414-6660 (CA) as soon as 
practicable upon the vessel's return to port.
    (D) If a NMFS observer is on board at the time of a hooking event, 
the observer shall be responsible for the disposition of any captured 
short-tailed albatross and for reporting to U.S. Fish and Wildlife 
Service Law Enforcement Otherwise, the vessel operator shall be 
responsible.
    (2) Gear Requirements. The operator of a vessel identified in 
paragraph (b)(1) of this section must comply with the following gear 
requirements:
    (i) Snap gear. Vessels using snap gear as defined at Sec.  660.11 
must deploy a minimum of a single streamer line in accordance with the 
requirements of paragraphs (c)(3)(i) through (ii) of this section, 
except as provided in paragraph (c)(2)(iii) of this section.
    (ii) Bottom longline. Vessels using bottom longline gear must 
deploy streamer lines in accordance with the requirements of paragraphs 
(c)(3)(i) and (iii) of this section, except as provided in paragraph 
(c)(2)(iii) of this section.
    (iii) Weather Safety Exemption. Vessels are exempted from the 
requirements of paragraph (c)(1)(iii) of this section when a National 
Weather Service Gale Warning is in effect. This exemption applies only 
during the time and within the area indicated in the National Weather 
Service Gale Warning.

[[Page 71981]]

    (3) Gear performance and material standards. (i) Material standards 
for all streamer lines. All streamer lines must:
    (A) Have streamers spaced a maximum of every 16 ft 5 in (5 m).
    (B) Have individual streamers that hang attached to the mainline to 
10 in (0.25 m) above the waterline in the absence of wind.
    (C) Have streamers constructed of material that is brightly 
colored, UV-protected plastic tubing or 3/8 inch polyester line or 
material of an equivalent density.
    (ii) Snap gear streamer line standards. For vessels using snap 
gear, a streamer line must:
    (A) Be a minimum length of 147 ft 7 in (45 m).
    (B) Be deployed so that streamers are in the air a minimum of 65 ft 
7 in (20 m) aft of the stern and within 6 ft 7 in (2 m) horizontally of 
the point where the main groundline enters the water before the first 
hook is set.
    (iii) Bottom longline streamer line standards. Vessels using bottom 
longline gear but not snap gear must use paired streamer lines meeting 
the following requirements:
    (A) Streamer lines must be a minimum length of 300 feet (91.4 m).
    (B) Streamer lines must be deployed so that streamers are in the 
air a minimum of 131 ft (40m) aft of the stern for vessels under 100 ft 
(30.5 m) LOA and 197 ft (60m) aft of the stern for vessels 100 ft (30.5 
m) or over.
    (C) At least one streamer line must be deployed in accordance with 
paragraph (c)(3)(iii)(B) before the first hook is set and a second 
streamer line must be deployed within 90 seconds thereafter.
    (D) For vessels deploying bottom longline gear from the stern, the 
streamer lines must be deployed from the stern, one on each side of the 
main groundline.
    (E) For vessels deploying bottom longline gear from the side, the 
streamer lines must be deployed from the stern, one over the main 
groundline and the other on one side of the main groundline.

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5. In Sec.  660.140, revise paragraph (k)(1)(iv) to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (k) * * *
    (1) * * *
    (iv) The vessel must comply with prohibitions applicable to the 
limited entry fixed gear fishery as specified at Sec.  660.212, gear 
restrictions applicable to limited entry fixed gear as specified in 
Sec. Sec.  660.219 and 660.230(b), and management measures specified in 
Sec.  660.230(d), including restrictions on the fixed gear allowed 
onboard, its usage, and applicable fixed gear groundfish conservation 
area restrictions, except that the vessel will not be subject to 
limited entry fixed gear trip limits when fishing in the Shorebased IFQ 
Program. Vessels using bottom longline and snap gears as defined at 
Sec.  660.11 are subject to the requirements of the Seabird Avoidance 
Program described in Sec.  660.21.
* * * * *

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6. In Sec.  660.230, add paragraph (b)(5) to read as follows:


Sec.  660.230  Fixed gear fishery-management measures.

* * * * *
    (b) * * *
    (5) Vessels fishing with bottom longline and snap gears as defined 
at Sec.  660.11 are subject to the requirements of the Seabird 
Avoidance Program described in Sec.  660.21.
* * * * *

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7. In Sec.  660.330, revise paragraph (b)(2)(i) to read as follows:


Sec.  660.330  Open access fishery-management measures.

* * * * *
    (b) * * *
    (2) * * *
    (i) Fixed gear (longline, trap or pot, set net and stationary hook-
and-line gear, including commercial vertical hook-and-line gear) must 
be attended at least once every 7 days. Vessels fishing with bottom 
longline and snap gears as defined at Sec.  660.11 are subject to the 
requirements of the Seabird Avoidance Program described in Sec.  
660.21.
* * * * *
[FR Doc. 2015-29249 Filed 11-17-15; 8:45 am]
 BILLING CODE 3510-22-P