[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Proposed Rules]
[Pages 49614-49617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17879]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-XD649


Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish 
Fisheries in the Gulf of Alaska; Reopening of Comment Period

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

ACTION: Notice of intent to prepare an environmental impact statement; 
reopening of public comment period.

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SUMMARY: NMFS, in consultation with the North Pacific Fishery 
Management Council (Council), announces its intent to expand the scope 
of an Environmental Impact Statement (EIS) for a new bycatch management 
program for trawl groundfish fisheries in the Gulf of Alaska (GOA). The 
bycatch management program for the GOA trawl groundfish fisheries would 
provide participants with incentives to effectively manage and reduce 
Chinook salmon and Pacific halibut bycatch and promote increased 
utilization of groundfish harvested in the GOA. NMFS previously 
published a notice of intent to prepare an EIS for the new bycatch 
management program on July 14, 2015. In June 2016, NMFS and the Council 
decided to reopen the comment period on the notice of intent to prepare 
an EIS because the Council and NMFS expanded scope of the EIS. NMFS 
will accept written comments from the public to identify issues of 
concern and assist the Council in determining the appropriate range of 
management alternatives for the EIS.

DATES: The comment period for the notice of intent published on July 
14, 2015 (80 FR 40988) is reopened. Written comments will be accepted 
through September 26, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0150, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0150, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    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), 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).

FOR FURTHER INFORMATION CONTACT: Rachel Baker, (907) 586-7228 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Council is considering the establishment of a new bycatch 
management program for the GOA trawl groundfish fisheries. On July 14, 
2015, NMFS announced its intent to prepare an EIS pursuant to the 
National Environmental Policy Act (NEPA) on the proposed bycatch 
management program (80 FR 40988). In the notice of intent, NMFS 
requested input from the public on the scope of the EIS, in addition to 
seeking comment for a range of reasonable alternatives and impacts to 
affected resources. NMFS received 36 public comments during the scoping 
period and provided a scoping report to the Council in October 2015. 
Based on the comments received on the July 14, 2015, notice of intent 
and on public input received by the Council at 10 of its meetings 
between October 2012 and June 2016, NMFS and the Council have decided 
to seek additional public input to assist them in determining the 
appropriate range of management alternatives for the EIS. The July 14, 
2015, notice of intent provides additional detail on the GOA trawl 
groundfish fisheries and the proposed EIS (80 FR 40988).
    NMFS and the Council have determined the preparation of an EIS may 
be required for the proposed action because some important aspects of 
the bycatch management program on target and bycatch species and their 
users may be uncertain or unknown and may result in significant impacts 
on the human environment not previously analyzed. NMFS and the Council 
are seeking information from the public through the EIS scoping process 
on the range of alternatives to be analyzed, and on the environmental, 
social, and economic issues to be considered in the analysis. Written 
comments generated during the previous scoping process and this scoping 
process will be provided to the Council and incorporated into the EIS 
for the proposed action.

Authority for the Proposed Action

    Under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), the United States has exclusive fishery 
management authority over all fishery resources found within the 
exclusive economic zone (EEZ). The management of these fishery 
resources is vested in the Secretary of Commerce (Secretary). The 
Council has the responsibility to prepare fishery management plans for 
the fishery resources that require conservation and management in the 
EEZ off Alaska. Management of the Federal groundfish fisheries in the 
GOA is carried out under the Fishery Management Plan for Groundfish of 
the Gulf of Alaska (FMP). The FMP, its amendments, and implementing 
regulations (found at 50 CFR part 679) are developed in accordance with 
the requirements of the Magnuson-Stevens Act and other applicable 
Federal laws and executive orders, notably the NEPA and the Endangered 
Species Act (ESA).

Development of the Proposed Action

    In October 2012, the Council unanimously adopted a purpose and need 
statement, and goals and objectives, to support the development of a 
proposed bycatch management program that would allocate exclusive 
harvest privileges for target groundfish species and prohibited species 
catch (PSC) to individuals, cooperatives, or other entities. Allocation 
of allowable harvests in the form of exclusive harvest privileges is a 
type of management approach that replaces the rigid management 
structure of a derby fishery with a flexible program that provides 
vessel-level accountability for harvests and removes disincentives to 
controlling and reducing bycatch and waste. Allocating exclusive 
harvest privileges to fishery participants can mitigate the potential 
negative impacts of a derby fishery on target and prohibited species, 
and on the operational and economic efficiency of the fisheries. In 
this type of management approach, a portion of the catch for a species 
(the exclusive harvest privilege) is allocated to individual fishermen, 
cooperatives, or other entities. Each participant in the fishery must 
have an exclusive harvest privilege, and each

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holder of harvest privileges must stop fishing when the holder's 
specific share of the quota is reached. The allocation of exclusive 
harvest privileges removes incentives for each participant to maximize 
catch rates to capture a larger share of the available catch before the 
fishery is closed. As a result, participants can make operational 
choices to improve fishing practices. These choices could include 
fishing in a slower and more efficient fashion, using modified gear 
with a lower harvest rate but which reduces bycatch, coordinating with 
other vessel operators to avoid areas of high bycatch, and processing 
fish in ways that yield increased value but which are possible only by 
slowing the pace of the fishery. This management approach allows 
fishermen to plan their fishing effort around the weather, markets, or 
other business considerations and allows other fishery dependent 
businesses to plan more effectively.
    The Council has recommended and NMFS has implemented groundfish 
management programs in the EEZ off Alaska that allocate exclusive 
harvest privileges to fishery participants. These programs allocated a 
long-term exclusive harvest privilege to initially qualified 
participants for target groundfish species and PSC. The long-term 
exclusive harvest privilege yields an annual allocation of a portion of 
the TAC for target groundfish species and a portion of the applicable 
PSC limit. Based on experience with these programs, the Council and 
NMFS have determined that allocating exclusive harvest privileges of 
target groundfish species and PSC creates a structure for fishery 
participants to efficiently manage harvesting and processing activities 
that can result in reduced bycatch and improved utilization of 
groundfish fisheries. Additional information on these management 
programs is provided in the final rules implementing the American 
Fisheries Act in the Bering Sea (67 FR 79692, December 30, 2002), the 
Amendment 80 Program in the Bering Sea and Aleutian Islands (72 FR 
52668, September 14, 2007), and the Rockfish Program in the Central GOA 
(76 FR 81248, December 27, 2011).
    The Council continued to develop and refine its purpose and need 
and goals and objectives for a proposed bycatch management program for 
the GOA trawl groundfish fisheries at six of its meetings between 
October 2012 and October 2014. During this time period, the Council 
received testimony from stakeholders that the allocation of long-term 
exclusive harvest privileges can reduce opportunities for new 
participants to enter the fisheries. These stakeholders noted that the 
long-term exclusive harvest privileges allocated in previous management 
programs have acquired a high value as the overall value of the fishery 
increased. This has created a high cost of entry for new participants 
because they must purchase long-term exclusive harvest privileges to 
participate in the fisheries. The stakeholders indicated that the high 
cost of entry has resulted in economic barriers to new entry in these 
fisheries and requested that the Council consider measures to minimize 
these economic barriers in the proposed bycatch management program. The 
Council also received testimony indicating that the allocation of long-
term harvest privileges can adversely impact fishery-dependent 
communities through fleet consolidation and changes in the distribution 
of fishery benefits.
    In October 2015, the Council stated its intent to address concerns 
about potential economic barriers for new participants and adverse 
impacts on communities by including a new type of proposed bycatch 
management program that would allocate only PSC on an annual basis to 
individuals or cooperatives rather than allocating long-term exclusive 
harvest privileges for both target groundfish species and PSC. In June 
2016, the Council identified an overarching goal and objective for the 
proposed bycatch management program to minimize economic barriers for 
new participants and maintain opportunities for entry into the trawl 
groundfish fisheries by limiting the type and duration of exclusive 
harvest privileges that may be allocated under the proposed bycatch 
management program. The Council also stated its intent to seek public 
input on additional mechanisms to limit exclusive harvesting privileges 
that may be allocated under the proposed bycatch management program to 
meet the Council's goals and objectives for the program.

Purpose and Need for the Proposed Action

    The Council has identified the following purpose and need statement 
and goals and objectives for the proposed bycatch management program:
    Purpose and Need Statement:
    Management of Gulf of Alaska (GOA) groundfish trawl fisheries has 
grown increasingly complicated in recent years due to the 
implementation of measures to protect Steller sea lions and reduced 
Pacific halibut and Chinook salmon Prohibited Species Catch (PSC) 
limits under variable annual total allowable catch (TACs) limits for 
target groundfish species. These changes complicate effective 
management of target and non-target resources, and can have significant 
adverse social and economic impacts on harvesters, processors, and 
fishery-dependent GOA coastal communities.
    The current management tools in the GOA Groundfish Fishery 
Management Plan (FMP) do not provide the GOA trawl fleet with the 
ability to effectively address these challenges, especially with regard 
to the fleet's ability to best reduce and utilize PSC. As such, the 
Council has determined that consideration of a new management regime 
for the GOA trawl fisheries is warranted.
    The purpose of the proposed action is to create a new management 
structure which allocates prohibited species catch limits and/or 
allowable harvest to individuals, cooperatives, or other entities, 
which will mitigate the impacts of a derby-style race for fish. It is 
expected to improve stock conservation by creating vessel-level and/or 
cooperative-level incentives to eliminate wasteful fishing practices, 
provide mechanisms to control and reduce bycatch, and create 
accountability measures when utilizing PSC and/or target and secondary 
species. It will also increase at-sea monitoring in the GOA trawl 
fisheries, have the added benefit of reducing the incentive to fish 
during unsafe conditions, and improve operational efficiencies.
    The Council recognizes that GOA harvesters, processors, and 
communities all have a stake in the groundfish trawl fisheries. The new 
program shall be designed to provide tools for the effective management 
and reduction of PSC and bycatch, and promote increased utilization of 
both target and secondary species harvested in the GOA. The program is 
also expected to increase the flexibility and economic efficiency of 
the GOA groundfish trawl fisheries and support the continued direct and 
indirect participation of the coastal communities that are dependent 
upon those fisheries. These management measures could apply to those 
species, or groups of species, harvested by trawl gear in the GOA, and/
or to PSC. This program will not modify the overall management of other 
sectors in the GOA, or the Central GOA rockfish program, which already 
operates under a catch share system.
    Overarching Goal and Objective:
    The overarching goal of the Gulf of Alaska Trawl Bycatch Management 
program is to provide the fleet tools for the effective management and 
reduction of PSC and bycatch, and promote increased utilization of both 
target and secondary species while minimizing

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economic barriers for new participants by limiting harvest privileges 
that may be allocated (target species and/or prohibited species) in 
order to maintain opportunity for entry into the GOA trawl fisheries.
    Goals and Objectives:
1. Balance the requirements of the National Standards in the Magnuson 
Stevens Act
2. Increase the ability of the groundfish trawl sector to avoid PSC 
species and utilize available amounts of PSC more efficiently by 
allowing groundfish trawl vessels to fish more slowly, strategically, 
and cooperatively, both amongst the vessels themselves and with shore-
based processors
3. Reduce bycatch and regulatory discards by groundfish trawl vessels
4. Authorize fair and equitable access privileges that take into 
consideration the value of assets and investments in the fishery and 
dependency on and participation in the fishery for harvesters, 
processors, and communities
5. Balance interests of all sectors and provide equitable distribution 
of benefits and similar opportunities for increased value
6. Promote community stability and minimize adverse economic impacts by 
limiting consolidation, providing employment and entry opportunities, 
and increasing the economic viability of the groundfish harvesters, 
processors, and support industries
7. Improve the ability of the groundfish trawl sector to achieve 
Optimum Yield, including increased product retention, utilization, 
landings, and value by allowing vessels to choose the time and location 
of fishing to optimize returns and generate higher yields
8. Increase stability relative to the volume and timing of groundfish 
trawl landings, allowing processors to better plan operational needs as 
well as identify and exploit new products and markets
9. Increase safety by allowing trawl vessels to prosecute groundfish 
fisheries at slower speeds and in better conditions
10. Include measures for improved monitoring and reporting
11. Increase the trawl sector's ability to adapt to applicable Federal 
law (i.e., Endangered Species Act)
12. Include methods to measure the success and impacts of all program 
elements
13. Minimize adverse impacts on sectors and areas not included in the 
program
14. Promote active participation by owners of harvest vessels and 
fishing privileges

Proposed Action

    The proposed action to be analyzed in the EIS is a bycatch 
management program for the GOA trawl groundfish fisheries that would 
provide participants with incentives to effectively manage bycatch and 
reduce PSC, and that would promote increased utilization of groundfish 
harvested in the GOA. The proposed action is intended to improve stock 
conservation by imposing accountability measures for utilizing target 
and incidental catch and minimizing PSC to the extent practicable, 
creating incentives to eliminate wasteful fishing practices, providing 
mechanisms for participants to control and reduce bycatch in the trawl 
groundfish fisheries, and improving safety of life at sea and 
operational efficiencies. The proposed action would apply to 
participants in Federal groundfish fisheries prosecuted with trawl gear 
in the following areas: (1) The Western GOA Regulatory Area (Western 
GOA), (2) the Central GOA Regulatory Area (Central GOA), and (3) the 
West Yakutat District of the Eastern GOA Regulatory Area (West Yakutat 
District). These areas are defined at Sec.  679.2 and shown in Figure 3 
to 50 CFR part 679.

Alternatives

    NMFS, in coordination with the Council, will evaluate a range of 
alternative bycatch management programs for the trawl groundfish 
fisheries in the Western GOA, Central GOA, and West Yakutat District. 
NMFS and the Council recognize that implementation of a GOA trawl 
bycatch management program would result in substantial changes to many 
of the current management measures for the GOA groundfish fisheries. 
The EIS will analyze these changes as well as alternative ways to 
manage target and incidental groundfish species and PSC in the GOA 
groundfish fisheries. The potential alternatives already identified for 
the bycatch management program are available on the Council's Web site 
at http://www.npfmc.org/goa-trawl-bycatch-management/. The following 
briefly summarizes the potential alternatives already identified for 
the EIS:

Alternative 1

    Alternative 1 is the no action alternative (status quo). The 
Council and NMFS annually establish biological thresholds and annual 
total allowable catch limits for groundfish species to sustainably 
manage the groundfish fisheries in the GOA. The Council and NMFS 
implemented the license limitation program (LLP), which limits access 
to the groundfish fisheries in the GOA. The groundfish LLP requires 
each vessel in the GOA to have an LLP license on board the vessel at 
all times while directed fishing for license limitation groundfish, 
with limited exemptions. The preamble to the final rule implementing 
the groundfish LLP provides a more detailed explanation of the 
rationale for specific provisions in the LLP (October 1, 1998; 63 FR 
52642).
    While the LLP limits the total number of vessels that can 
participate in the GOA groundfish fisheries, it does not limit harvest 
by individual vessels or assign exclusive harvest privileges to 
specific vessels or entities. This has led to a competitive derby 
fishery in the GOA groundfish fisheries, in which fishermen race 
against each other to harvest as much fish as they can before the 
annual catch limit or the PSC limit is reached and the fishery is 
closed for the season. A derby fishery relies on a fairly rigid 
management structure that is not adaptable to changes in weather, 
markets, or other operating considerations. Therefore, a derby fishery 
often results in shorter fishing seasons and unsafe fishing practices. 
It can also create a substantial disincentive for participants to take 
actions to reduce bycatch use and waste, particularly if those actions 
could reduce groundfish catch rates. In a derby fishery, participants 
who choose not to take actions to reduce bycatch and waste stand to 
gain additional groundfish catch by continuing to harvest at a higher 
bycatch rate, at the expense of any vessels engaged in bycatch 
avoidance.
    The Council has designated Pacific salmon and Pacific halibut, 
along with several other species (Pacific herring, steelhead trout, 
king crab, and Tanner crab) as prohibited species in the GOA groundfish 
fisheries. Prohibited species are species taken incidentally in the 
groundfish trawl fisheries and designated as ``prohibited species'' 
because they are target species in other, fully utilized domestic 
fisheries. The Council has recommended and NMFS has implemented various 
measures to control the catch of such prohibited species in GOA 
groundfish fisheries. Prohibited species incidentally caught while 
directed fishing for groundfish in the GOA may not be sold or kept for 
personal use and must be discarded with a minimum of injury. In 
addition, the GOA groundfish fishery restrictions include PSC limits 
for Chinook salmon and Pacific halibut to constrain the

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amount of bycatch of these species in the groundfish fisheries. When 
harvest of prohibited species in a groundfish fishery reaches the 
specified PSC limit for that fishery, NMFS closes directed fishing for 
the target groundfish species, even if the total allowable catch limit 
for that target groundfish species has not been fully harvested.

Alternative 2

    Alternative 2 is a bycatch management program that would allocate 
exclusive harvest privileges to participants in the Western GOA, 
Central GOA, and West Yakutat District trawl groundfish fisheries who 
voluntarily join a cooperative. Participants who do not choose to join 
a cooperative would have the opportunity to participate in the current 
limited access management system under the groundfish LLP. In 
Alternative 2, the Council is considering allocating exclusive harvest 
privileges for target groundfish species and Chinook salmon and Pacific 
halibut PSC to cooperatives. Alternative 2 contains several elements 
and options for determining eligible participants, groundfish species 
and PSC to be allocated, and methods for determining allocations to 
cooperatives and the limited access fishery. Alternative 2 includes 
elements and options for cooperative formation and membership that are 
intended to provide incentives for participation by harvesters and 
processors to improve coordination and operational efficiencies. 
Alternative 2 also contains a number of elements that are intended to 
provide for fishery dependent community stability, such as harvest 
privilege consolidation limits and area- and port-specific delivery 
requirements.

Alternative 3

    Alternative 3 is a bycatch management program that would allocate 
Chinook salmon and Pacific halibut PSC to participants in the Western 
GOA, Central GOA, and West Yakutat District trawl groundfish fisheries 
who voluntarily join a cooperative. Participants who do not choose to 
join a cooperative would have the opportunity to participate in the 
current limited access management system under the groundfish LLP. 
Alternative 3 contains several elements and options for determining 
eligible participants and methods for determining PSC allocations to 
cooperatives and the limited access management fishery. Alternative 3 
also includes elements and options for cooperative formation and 
membership that are intended to provide incentives for participation by 
harvesters and processors to improve coordination and operational 
efficiencies.

Alternative 4

    Alternative 4 is a bycatch management program that would allocate 
exclusive harvest privileges to fishery participants who voluntarily 
join a cooperative under Alternative 2 and either (1) a Community 
Fishing Association as defined in section 303A(c)(3) of the Magnuson-
Stevens Act or (2) an Adaptive Management Program. Participants who do 
not choose to join a cooperative would have the opportunity to 
participate in the current limited access management system under the 
groundfish LLP. In Alternative 4, the Council is considering allocating 
exclusive harvest privileges for target groundfish species and PSC to 
cooperatives and either a Community Fishing Association or to persons 
who meet the criteria established for an Adaptive Management Program. 
The allocation to a Community Fishing Association or Adaptive 
Management Program would meet objectives that include providing for 
sustained participation of fishing communities, promoting conservation 
measures, and assisting vessel owner-operators, captains, and crew who 
want to enter and participate in the GOA trawl groundfish fisheries.

Public Involvement

    Scoping is an early and open process for determining the scope of 
issues to be addressed in an EIS and for identifying the significant 
issues related to the proposed action. A principal objective of the 
scoping and public involvement process is to identify a range of 
reasonable management alternatives that, with adequate analysis, will 
delineate critical issues and provide a clear basis for distinguishing 
among those alternatives and selecting a preferred alternative. Through 
this notice, NMFS is reopening the comment period on scoping for the 
EIS for the proposed bycatch management program so that interested or 
affected people may participate and contribute to the final decision.
    NMFS is reopening the comment period to seek written public 
comments on the scope of issues, including potential impacts, and 
alternatives that should be considered for a bycatch management program 
for the trawl groundfish fisheries in the Western GOA, Central GOA, and 
West Yakutat District of the GOA. NMFS will consider written public 
comments received during this scoping process, as well as those 
received during the scoping process from July 14, 2015, through August 
28, 2015 (80 FR 40988), and provide the Council with a summary of all 
written comments received to assist the Council in determining the 
appropriate range of management alternatives for the EIS. Written 
comments should be as specific as possible to be the most helpful. 
Written comments received during the scoping process, including the 
names and addresses of those submitting them, will be considered part 
of the public record of the proposed action and will be available for 
public inspection. Written comments will be accepted at the address 
above (see ADDRESSES). Please visit the NMFS Alaska Region Web site at 
http://www.alaskafisheries.noaa.gov for more information on the GOA 
trawl bycatch management program EIS and for guidance on submitting 
effective written public comments.
    The public is invited to participate and provide input at Council 
meetings where the latest scientific information regarding the GOA 
groundfish fisheries is reviewed and alternative bycatch management 
programs are developed and evaluated. Notice of future Council meetings 
will be published in the Federal Register and on the Internet at http://www.npfmc.org/. Please visit this Web site for information and 
guidance on participating in Council meetings. Additional information 
on the Council's development of the GOA trawl bycatch management 
program is available at http://www.npfmc.org/goa-trawl-bycatch-management/.

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

    Dated: July 25, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-17879 Filed 7-27-16; 8:45 am]
 BILLING CODE 3510-22-P