[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11189-11192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04612]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE456


Pacific Fishery Management Council; Notice of Intent To Prepare 
an Environmental Impact Statement

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

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS); request for comments.

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SUMMARY: NMFS and the Pacific Fishery Management Council (Council) 
announce their intent to prepare an EIS in accordance with the National 
Environmental Policy Act (NEPA) of 1969 to analyze the impacts on the 
human (biological, physical, social, and economic) environment of gear 
changes in the Pacific Coast Groundfish Fishery's Trawl Catch Share 
Program, also called the Trawl Rationalization Program. This notice 
also requests written comment.

DATES: Public scoping will be conducted through this notice. Comments 
must be received by 5 p.m. Pacific Standard Time on April 4, 2016 (see 
SUPPLEMENTARY INFORMATION).

ADDRESSES: You may submit comments on issues and alternatives by any of 
the following methods:
     Email: [email protected].
     Mail: Submit written comments to William W. Stelle, Jr., 
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; Attn: Jamie Goen.
    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.

FOR FURTHER INFORMATION CONTACT: Jamie Goen, NMFS West Coast Region at 
206-526-4656 or [email protected].

SUPPLEMENTARY INFORMATION:

Background for Agency Action

    There are more than 90 species managed under the Pacific Coast 
Groundfish Fishery Management Plan (Groundfish FMP). These groundfish 
stocks support an array of commercial, recreational, and tribal fishing 
interests in state and Federal waters off the coasts of Washington, 
Oregon, and California. In addition, groundfish are harvested 
incidentally in non-groundfish fisheries; most notably, the trawl 
fisheries for pink shrimp and California halibut.
    The Trawl Catch Share Program was implemented in 2011, changing how 
the groundfish limited entry trawl fishery is managed. The Trawl Catch 
Share Program replaced the need for some, but not all, of the trip-
limit structure in Federal regulations, and modified regulations for 
the at-sea fleets. Some of the remaining pre-Trawl Catch Share Program 
regulations may unnecessarily constrain harvest efficiency and 
effectiveness under a catch share framework. Pre-Trawl Catch Share 
Program regulations that managed the fleet as a whole may need to be 
updated or may no longer be appropriate for managing individuals 
operating under the incentives provided by catch shares.

Proposed Action

    The proposed action is to revise groundfish gear regulations for 
the Trawl Catch Share Program, including trawl gear configuration and 
gear use. The proposed action may include the following gear regulation 
changes:
     Loosening or eliminating the minimum mesh size requirement 
for bottom trawl;
     Updating the procedure for measuring mesh sizes;
     Loosening or eliminating cod-end regulations;
     Loosening or eliminating selective flatfish trawl gear 
requirements and restrictions (Large and small footrope distinctions 
would remain.);
     Loosening or eliminating chafing gear regulations;
     Allowing vessels to carry and/or use multiple gear types 
on a single trip;
     Allowing a gear to be fished in multiple management areas 
on the same trip; and
     Allowing a vessel's next gear deployment to start before 
all fish from the previous deployment have been stowed.
    The proposed action may affect fishing in the Trawl Catch Share 
Program by any or all of the gear types that participate in the 
fishery, including bottom trawl (small and large footrope),

[[Page 11190]]

midwater trawl, and legal groundfish nontrawl gear. The intent of the 
proposed action is to further the goals of Amendment 20 to the 
Groundfish FMP and the Trawl Catch Share Program consistent with 
Magnuson-Stevens Fishery Conservation and Management Act requirements 
and other applicable laws.

Alternatives

    NEPA requires that agencies evaluate reasonable alternatives to the 
proposed action, which address the purpose and need for agency action. 
The Council adopted a preliminary range of alternatives for analysis 
and public review at its September 2015 meeting, and further refined 
the range at its November 2015 meeting.
    The range of alternatives for this action are organized within 
eight gear-related issues (Issue A through Issue H) and parallel the 
bulleted list in the ``Proposed Action'' section. The range of 
alternatives for each issue is described below. The Council is 
currently scheduled to select a final preferred alternative at its 
March 8-14, 2016, meeting. However, there is a possibility that final 
Council decision-making could occur at its April or June meetings.
Issue A--Minimum Mesh Size
    Mesh size requirements are intended to reduce the catch of juvenile 
and small unmarketable fish. This action would change the minimum mesh 
size for bottom trawl and midwater trawl. Alternative A1 (No-action) 
would continue to be 4.5 inches for bottom trawl and 3 inches for 
midwater trawl. Alternative A2 would shift the minimum mesh size to 4 
inches for bottom trawl only. Alternative A3 would not specify a 
minimum mesh size for bottom trawl or midwater trawl.
Issue B--Measuring Mesh Size
    The alternatives under Issue B apply to how mesh size is measured 
and could apply to any of the minimum mesh size alternatives under 
Issue A. Alternative B1 (No-action) would continue to measure trawl 
mesh size between the inside of the one knot to the inside of the 
opposing knot, regardless of twine size. Alternative B2 would measure 
the opening between opposing knots or, in knotless webbing, between 
opposing corners, regardless of twine size.
Issue C--Codend
    The codend is the terminal, closed end of a trawl net. Alternative 
C1 (No-action) would require only single-walled codends in any trawl. 
Double-walled codends would still be prohibited. Alternative C2 would 
remove codend restrictions from Federal regulations.
Issue D--Selective Flatfish Trawl
    Selective flatfish trawl (SFFT) is a type of small footrope trawl. 
Alternative D1 (No-action) would require a two-seamed net with no more 
than two riblines, excluding the codend. The breastline would remain no 
longer than 3 feet. No floats along the center third of the headrope or 
attached to the top panel would be allowed, except on riblines. The 
footrope would be less than 105 feet long. The headrope would not be 
less than 30 percent longer than the footrope under this alternative. 
The areas fished with SFFT are as follows (Sec.  660.130(c)(2)(i)):
     North of 40[deg]10' N. latitude, selective flatfish gear 
is required shoreward of the Rockfish Conservation Area (RCA).
     South of 40[deg]10' N. latitude, selective flatfish gear 
is permitted, but not required, shoreward of the RCA.
     The use of selective flatfish trawl gear is permitted 
seaward of the RCA coastwide.
    Alternative D2 would modify the SFFT definition to allow a two-seam 
or a four-seam net. Areas fished would remain as stated in the No-
action Alternative.
    Alternative D3 would modify the SFFT definition to allow a two-seam 
or a four-seam net. The SSFT requirement shoreward of the RCA north of 
40[deg]10' N. latitude would be eliminated. It would be replaced with a 
small footrope requirement (like the requirement south of 40[deg]10' N. 
latitude). Requirements shoreward of the RCA south of 40[deg]10' N. 
latitude and seaward of the RCA coastwide would remain as stated in the 
No-action Alternative.
Issue E--Chafing Gear
    Chafing gear is webbing or other material attached to the codend to 
protect it from wear. The decision on codends under Issue C 
(Alternatives C1 and C2) may affect the issue of chafing gear should 
Alternative C2 be chosen. Alternative C2 would allow double-walled 
codends, and chafing gear could be used to create a double-walled 
codend.
    Alternative E1 (No-action) would continue to have chafing gear for 
bottom trawl encircle no more than 50 percent of the net's 
circumference and could be in one or more sections. It could be used on 
only the last 50 meshes, measured from the terminal edge (closed end) 
of the codend. Only the front edge (that closest to the open end of the 
codend) and sides of each section of chafing gear could be attached to 
the codend. Except at the corners, the terminal edge (that edge closest 
to the closed end of the codend) of each section of chafing gear could 
not be attached to the net. The chafing gear would have to be attached 
outside of any riblines and restraining straps.
    Alternative E2 would align bottom trawl chafing gear restrictions 
with recent changes to midwater trawl chafing gear restrictions 
specified in regulation at 50 CFR 660.130(b)(4)(i) and (ii). These 
changes would allow the chafing gear to cover more of the codend than 
the No-action Alternative. Generally, the bottom trawl chafing gear 
restriction would be revised to read as follows:

    Chafing gear may cover the bottom and sides of the codend in 
either one or more sections. Only the front edge (edge closest to 
the open end of the codend) and sides of each section of chafing 
gear may be attached to the codend; except at the corners, the 
terminal edge (edge closest to the closed end of the codend) of each 
section of chafing gear must not be attached to the net. Chafing 
gear is not permitted on the top codend panel except that a band of 
mesh (a ``skirt'') may encircle the net under or over transfer 
cables, lifting or splitting straps (chokers), riblines, and 
restraining straps, but must be the same mesh size and coincide 
knot-to-knot with the net to which it is attached and be no wider 
than 16 meshes.

    Alternative E3 would eliminate chafing gear restrictions for bottom 
trawl and midwater trawl gear. Chafing gear could be used, but 
regulations would not restrict how much of the codend or net it covers 
nor where it is connected to the net.
Issue F--Multiple Gears
    A vessel may carry a number of different gears while participating 
in the groundfish trawl sector. This issue considers allowing multiple 
types of fishing gear on the vessel during a single trip. The term 
``fixed gear'' as used in Issue F is shorthand for all legal groundfish 
non-trawl gear. Under the gear switching provision in the Shorebased 
Individual Fishing Quota (IFQ) Program, several fixed gears are 
permissible. As stated in the regulations at Sec.  660.130(k) on gear 
switching, participants can also fish for IFQ species ``using any legal 
groundfish non-trawl gear.'' Referring to the definitions section at 
Sec.  660.11 in Federal regulations, legal groundfish non-trawl gear 
includes non-trawl gear used by both the limited entry fixed gear and 
open access fisheries as follows:
     Longline,
     trap or pot,

[[Page 11191]]

     set net (anchored gillnet or trammel net, which are 
permissible south of 38[deg] N. lat. only),
     hook-and-line (fixed or mobile, including commercial 
vertical hook-and-line), and
     spear.
    Alternative F1 (No-action) would restrict vessels to one type of 
trawl gear (bottom or midwater) onboard per trip. For bottom trawl 
gear, both small footrope and large footrope could be on the vessel and 
fished during a single fishing trip. Multiple fixed gear types would be 
allowed onboard each trip. Trawl gear and fixed gear would not be 
permitted onboard during the same trip. Only one type of gear can be 
fished per trip.
    Alternative F2 would allow multiple trawl gear types (bottom and 
midwater) onboard on the same trip. The same as under the No-action 
Alternative, multiple fixed gear types would be allowed onboard during 
each trip. Trawl vessels would not be allowed to have trawl and fixed 
gear onboard on the same trip. Vessel operators could use only one gear 
type per trip (bottom trawl, midwater trawl, or fixed gear). For bottom 
trawl gear, both small footrope and large footrope could be fished 
during a single fishing trip.
    Alternative F3 would allow multiple gear types onboard on the same 
trip. In addition, they could be used on the same trip as follows:
     Gear Type Sub-option A: Any trawl gear could be used 
(bottom and midwater).
     Gear Type Sub-option B: Any legal IFQ groundfish gear 
could be used.
     Sorting Sub-option A: Vessel operators must separate catch 
by gear type. Landings must be recorded on a separate electronic fish 
ticket by gear type.
     Sorting Sub-option B: Catch by gear type could be 
comingled.
    Under Alternative F3, gear type sub-options would be independent of 
sorting options.
Issue G--Fishing in Multiple IFQ Management Areas
    The Shorebased IFQ Program includes IFQ management areas, specified 
in regulation at Sec.  660.140(c)(2), that are based on the stock 
information for select species, harvest allocations, and the 
corresponding quota share for species. The IFQ management areas are as 
follows:
     Between the U.S./Canada border and 40[deg]10' N. latitude,
     Between 40[deg]10' N. latitude and 36[deg] N. latitude,
     Between 36[deg] N. latitude and 34[deg]27' N. latitude, 
and
     Between 34[deg]27' N. latitude and the U.S./Mexico border.
    Alternative G1 (No-action) would maintain the restriction that 
vessels participating in the Shorebased IFQ Program may not fish in 
more than one IFQ management area on the same trip.
    Alternative G2 would allow fishing in multiple IFQ management areas 
on the same trip. This would create opportunities to shift from one 
management area to another during a fishing trip. If retaining catch 
from multiple IFQ management areas on a single trip, then the catch 
would have to be sorted by IFQ management area and recorded on separate 
electronic fish tickets.
Issue H--Fishing Before Previous Catch Is Stowed
    To track catch accurately to the haul level, regulations require 
previous catch to be stowed before a new haul is brought onboard the 
vessel. Alternative H1 (No-action) would continue to prohibit vessels 
in the Shorebased IFQ Program from bringing a haul on board before all 
catch from the previous haul has been stowed. Alternative H2, in the 
Shorebased IFQ Program, would allow a new haul to be brought onboard 
and dumped on deck before all catch from the previous haul has been 
stowed. Catch from different hauls would have to be kept separate until 
the observers could complete their collection of catch for sampling.

Preliminary Identification of Environmental Issues

    A principal objective of the scoping and public input process is to 
identify potentially significant impacts to the human environment that 
should be analyzed in depth in the EIS. If, during the preparation of 
this EIS, NMFS determines that a finding of no significant impact can 
be supported, it may prepare an Environmental Assessment (EA) and issue 
a retraction of this notice. Alternatively, NMFS may still continue 
with the preparation of an EIS. Information and analysis prepared for 
this action also may be used when scoping future groundfish actions to 
help decide whether to prepare an EA or EIS.
    Some alternatives may have significant impacts on the human 
environment. The proposed action to change mesh size, change codend 
restrictions, and eliminate selective flatfish trawl gear may 
negatively impact some species listed under the Endangered Species Act 
(ESA), including salmon and eulachon. In addition, there may be an 
impact on stock productivity for many species if changing the trawl 
mesh size or removing codend restrictions causes smaller fish to be 
harvested. There may be increased uncertainty in total mortality 
estimates for all species from allowing multiple gears to be fished 
during a trip. The EIS will also consider the cumulative effects of the 
proposed action with any past, present or reasonably foreseeable future 
actions. In particular, the gear changes in the Trawl Catch share 
Program will need to be considered in light of upcoming changes to 
monitoring with electronic monitoring and changes to habitat and 
overfished species protections with Essential Fish Habitat and RCA 
actions. Through the public scoping process and as the EIS is drafted, 
additional potentially significant impacts may be identified.

Request for Comments

    NMFS provides this notice to: (1) Advise the public and other 
agencies of its plans to analyze effects related to the action, and (2) 
obtain suggestions and information that may be useful to the scope of 
issues and the full range of alternatives to include in the EIS.
    NMFS invites comment from all interested parties to ensure that the 
full range of issues related to gear changes in the Pacific Coast 
Groundfish Fishery's Trawl Catch Share Program are identified. NMFS is 
specifically inviting comments on the proposed alternatives described 
above. In addition, NMFS invites comments on the potential impacts of 
these alternatives and further details of how fishermen are likely to 
operate under these alternatives. For example, NMFS invites comments on 
the potential impacts of the alternatives given changes being 
considered by the Council on electronic monitoring, essential fish 
habitat, and rockfish conservation areas. Comments should be as 
specific as possible.
    Written comments concerning the proposed action and the 
environmental review should be directed to NMFS as described above (see 
ADDRESSES). All comments and materials received, including names and 
addresses, will become part of the administrative record and may be 
released to the public.

Public Scoping Process

    Public scoping will be conducted through this notice. In addition, 
further participation by the public will occur throughout the Council's 
decision-making process. All decisions during the Council process 
benefit from written and oral public comments delivered prior to or 
during the Council meeting. These public comments are considered

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integral to scoping for developing this EIS. Future Council meetings 
that offer opportunities for public involvement include the March 8-14, 
2016, meeting in Sacramento, California (DoubleTree by Hilton 
Sacramento, 2001 Point West Way, Sacramento, CA 95815). Other future 
opportunities for public involvement may arise and will be posted in 
the Council Briefing Book (on the Council's Web site (http://www.pcouncil.org/council-operations/briefing-books/) prior to the 
meeting. For further information on these meetings, visit the Council's 
Web site, http://www.pcouncil.org/council-operations/council-meetings/future-meetings/.

Special Accommodations

    The Council meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Kris Kleinschmidt at 
[email protected] or (503) 820-2280 at least 5 days prior to 
the meeting date.

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

    Dated: February 26, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-04612 Filed 3-2-16; 8:45 am]
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