[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52882-52884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF799


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Application for an Exempted Fishing Permit

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

ACTION: Notice; receipt of exempted fishing permit applications; 
request for comments.

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SUMMARY: NMFS announces the receipt of two exempted fishing permit 
(EFP) applications. The first application was received from The Nature 
Conservancy (TNC) for an EFP to test commercial pot fishing gear for 
selective harvest of lingcod. The lingcod pot gear EFP is intended to 
provide for the selective harvest of lingcod with fixed gear inside the 
non-trawl rockfish conservation area (RCA), allowing harvest of lingcod 
within existing annual catch limits (ACLs) while keeping catch of co-
occurring overfished species (e.g. yelloweye rockfish) within 
rebuilding ACLs. The second application was received from the West 
Coast Seafood Processors Association, Environmental Defense Fund, 
Oregon Trawl Commission, and Midwater Trawlers Cooperative for an EFP 
to test if and how the removal of certain trawl gear, time, and area 
restrictions for the Shorebased Individual Fishing Quota (IFQ) Program 
may impact the nature and extent of bycatch of prohibited species. This 
EFP is intended to allow participating limited entry groundfish bottom 
trawl and midwater trawl vessels more flexibility in 2018 to target 
pelagic rockfish species, such as widow, chilipepper, and yellowtail 
rockfish. The NMFS West Coast Region's Assistant Regional Administrator 
for Sustainable Fisheries has made a preliminary determination that the 
subject EFP applications contain all the required information and 
warrant further consideration. Therefore, NMFS announces that the 
Assistant Regional Administrator for Sustainable Fisheries proposes to 
recommend that EFPs be issued.

DATES: Comments must be received no later than 5 p.m., local time on 
November 30, 2017.

ADDRESSES: You may submit comments, identified by 0648-XF799, by any 
one of the following methods:
     Email: [email protected].
     Mail: Barry Thom, Regional Administrator, West Coast 
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: 
Karen Palmigiano.
    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 would generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender would be publicly accessible. NMFS would accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments would be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Information relevant to this notice or the EFP applications are 
available for public review during business hours at the NMFS West 
Coast Regional Office at 7600 Sand Point Way NE., Seattle, WA 98115, or 
by requesting them via phone or the email address listed in the FOR 
FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano at (206) 526-4491 or 
[email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the Pacific 
Coast Groundfish Fishery Management Plan (FMP) and implementing 
regulations at 50 CFR 600.745, which states that EFPs may be used to 
authorize fishing activities that would otherwise be prohibited.

Lingcod Pot Gear EFP

    At its June 2016 meeting, the Pacific Fishery Management Council 
(Council) received an EFP application from TNC for the use of pot gear 
to target lingcod within the non-trawl RCA offshore of Washington and 
Oregon. An initial opportunity for public comment was provided during 
this meeting. At that time, the Council recommended that NMFS consider 
issuing the EFP for a period of two years (i.e., 2017 and 2018). The 
two-year duration was intended to coincide with the 2017-18 biennial 
harvest specifications and management measures process. However, due to 
unforeseen delays, NMFS was unable to issue this EFP for 2017, and is 
proposing to issue the EFP described below beginning in 2018. The EFP 
would expire no later than December 31, 2018.

[[Page 52883]]

    In 2014, during preliminary gear testing conducted by TNC and their 
research partners, catch of lingcod was lower than anticipated. During 
testing, the gear was only fished in areas open to non-trawl groundfish 
fishing, which included the area seaward of the non-trawl RCA, in 
depths ranging from approximately 100-200 fathoms (fm) (54.7-109.4 
meters). Applicants hypothesize that low catch of lingcod was primarily 
due to the non-trawl RCA (a depth-based area closure prohibiting 
fishing for lingcod with pot gear from approximately 30 fathoms to 100 
fathoms), closing depths where lingcod are most commonly found (i.e., 
shallower than 100 fm). Subsequently, TNC proposed and the Council 
recommended to NMFS an EFP which would provide an exemption to 
participating vessels to target lingcod with pot gear inside the non-
trawl RCA off Washington and Oregon. This EFP is necessary to allow 
activities that are otherwise prohibited by Federal regulations. As the 
RCAs were implemented to reduce incidental catch of overfished species, 
it is not uncommon for the Council to recommend to NMFS the permitting 
of fishing opportunities to occur inside a RCA when the gear is highly 
selective, with low bycatch of non-target and overfished groundfish 
species.
    Entanglement of humpback whales in pot gear buoy lines is a 
concern, particularly in the West Coast sablefish pot fishery, which is 
designated as a Category II fishery in the 2017 List of Fisheries (82 
FR 9690, February 8, 2017) due to its occasional interactions with 
humpback whales; the last of which was documented in 2006. Concerns 
with regards to the pot gear, similar to sablefish pot gear with 
regards to the buoy lines, being employed in the proposed EFP are 
mitigated because the magnitude of the fishing effort permitted under 
this EFP would be minimal and occur off Oregon, where fewer documented 
interactions between pot gear and humpback whales has occurred. 
Therefore, NMFS is proposing to approve the EFP consistent with general 
requirements following the conclusion of the public comment period. 
Subsequently, NMFS would issue the actual permits for the EFP to 
individual participants and TNC as the entity coordinating EFP-related 
fishing activities as appropriate. NMFS intends to use an adaptive 
management approach for this EFP in which NMFS may revise requirements 
and protocols to improve the EFP without issuing another Federal 
Register Notice, provided that the modifications fall within the scope 
of the Council's original intent. Such changes may be granted without 
further public notice if they are deemed essential to facilitate 
completion of the proposed research and result in only a minimal change 
in the scope or impacts of the initially approved EFP request.
    In accordance with NOAA Administrative Order (NAO) 216-6, a 
Categorical Exclusion or other appropriate National Environmental 
Policy Act document would be completed prior to the issuance of any 
permits under this EFP. Further review and consultation may be 
necessary before a final determination is made to issue the permits. 
After publication of this document in the Federal Register, the EFP, if 
approved by NMFS, may be implemented following the public comment 
period. NMFS would consider comments submitted, as well as the 
Council's discussion at their June 2016 Council meeting, in deciding 
whether to approve the application as requested. NMFS may approve the 
application in its entirety or may make any alterations needed to 
achieve the goals of the EFP.

2018 Trawl Gear EFP

    In September 2017, the Council received an application for an EFP 
from the West Coast Seafood Processors Association, Environmental 
Defense Fund, Oregon Trawl Commission, and Midwater Trawlers 
Cooperative to test if and how the removal of certain gear, time, and 
area restrictions for the Shorebased IFQ Program may impact the nature 
and extent of prohibited species bycatch, particularly salmon and 
eulachon. This EFP is intended to allow participating limited entry 
groundfish bottom trawl and midwater trawl vessels more flexibility in 
2018 to target pelagic rockfish species, such as widow, chilipepper, 
and yellowtail rockfish. An opportunity for public testimony was 
provided during the Council meeting, after which the Council 
recommended the EFP with several changes. Specifically, the Council 
narrowed the number of exemptions they recommended to include in the 
EFP. After the Council meeting, the applicants updated their 
application based on the Council's recommendations and resubmitted a 
final version of the application to NMFS on October 4, 2017. Copies of 
the final version of the application are available from NMFS. (See 
ADDRESSES for how to obtain this information).
    In late 2016, industry members proposed a trawl gear EFP for 2017 
(later known as the 2017 trawl gear EFP) to provide them exemptions to 
the minimum mesh size requirement and exemptions to the requirement to 
use selective flatfish trawl shoreward of the trawl RCA north of 
42[deg] North latitude (N. lat) for limited entry bottom trawl vessels. 
Since implementation of the 2017 trawl gear EFP in March 2017, limited 
entry groundfish bottom trawl vessels have been testing their new gear 
configurations by targeting midwater pelagic rockfish (primarily widow 
rockfish and yellowtail rockfish) using modified bottom trawl gear 
north of 42[deg] N. lat. shoreward of the trawl RCA with minimal 
impacts on Chinook salmon. As of the end of October 2017, there have 
been 50 trips taken by 10 vessels, and they have caught a total of four 
Chinook salmon. Information on gear configurations has been collected, 
and the data would helpful information any potential modifications or 
elimination of current gear restrictions.
    To continue collecting information on impacts to salmon and 
eulachon that may arise from the modification or elimination of gear, 
time, and area regulations, the applicants have requested a 2018 trawl 
gear EFP that expands upon the 2017 trawl gear EFP. The trawl gear EFP 
in 2018 would provide participating vessels with several exemptions 
regarding the required minimum mesh size, the requirement to use 
selective flatfish trawl gear shoreward of the trawl RCA and north of 
42[deg] N. lat., the prohibition on fishing with midwater groundfish 
trawl gear north of 40[deg]10' N. lat. in all areas prior to May 15th 
each year, the prohibition on fishing with midwater groundfish trawl 
gear south of 40[deg]10' N. lat. within the boundaries of the trawl RCA 
(midwater groundfish trawling would still be prohibited shoreward of 
the RCA and south of 40[deg]10' N. lat.), the prohibition on bringing a 
new haul onboard before a previous haul is stowed, and the prohibition 
on carrying and fishing more than one type of groundfish trawl gear 
(midwater and bottom trawl gear) on the same trip.
    If approved, vessels fishing on an EFP trip with bottom trawl gear 
would be permitted to use any small footrope gear that meets the 
definition in regulations at Sec.  660.11 shoreward of the RCA and 
north of 42[deg] N. lat. similar to what is required south of 
40[deg]10' N. lat. Vessels fishing on an EFP trip with limited entry 
midwater trawl vessels would be permitted to fish within all areas 
north of 40[deg]10' N. lat. and within the boundaries and seaward of 
the RCA south of 40[deg]10' N. lat. for the duration of this EFP. These 
vessels would not be constrained to the primary whiting season dates. 
All participating groundfish bottom trawl and midwater trawl vessels on 
an EFP trip would be

[[Page 52884]]

permitted to carry and fish both groundfish trawl gear types (bottom 
trawl and midwater trawl) on the same trip, assuming the proper 
declarations are made, and bring a new haul on board before a previous 
haul is stowed. Finally, vessels fishing on an EFP trip would not be 
constrained by the mesh requirements regarding size or how it is 
measured. Participating vessels would carry observers or use a NMFS-
approved electronic monitoring system on 100-percent of trips, as is 
currently required in the IFQ program.
    NMFS has some concerns with the potential impacts these exemptions 
may have on protected and prohibited species. The best available data 
suggests that bycatch rates of Endangered Species Act listed salmon, 
eulachon, and green sturgeon could increase as a result of the 
increased effort resulting from this EFP. However, because a targeted 
fishery for chilipepper, widow, and yellowtail rockfish has not existed 
in more than a decade and the fishery has changed a lot since this data 
was collected, this data may not reflect current bycatch rates 
resulting in its limited utility for predicting current impacts to 
protected and prohibited species. Thus, NMFS has been working with the 
applicant to develop an EFP that would meet the applicants' objectives 
to better target pelagic rockfish species while collecting information 
about bycatch and minimizing bycatch to the extent practicable. To 
address NMFS's concerns, the applicants included in their application a 
requirement to collect bycatch information at the haul level and 
genetic samples on all salmon caught. Additionally, the applicants 
proposed and the Council recommended that all salmon caught by vessels 
participating in this EFP would be subject to a total salmon harvest 
guideline of 3,547 Chinook salmon. In addition, the Council recommend 
two sub-harvest guidelines to further help mitigate against potential 
impacts:
     Prior to May 15th--All vessels fishing on an EFP trip 
north of 42[deg] N. lat. would be subject to a sub-harvest guideline of 
720 Chinook salmon (out of the 3,547 Chinook salmon total harvest 
guideline) for this area, including seaward, within, and shoreward of 
the trawl RCA, from the inception of this EFP until 12:01 a.m. on May 
15th which corresponds to the start of the Primary whiting season for 
the Shorebased IFQ fishery. From May 15th through the end of this EFP, 
all EFP trips taken north of 42[deg] N. lat. would be subject to the 
remainder of total harvest guideline (3,547 Chinook salmon) for the 
EFP.
     South of 42[deg] N. lat.--All vessels fishing on an EFP 
trip south of 42[deg] N. lat. would be subject to a sub-harvest 
guideline of 80 Chinook salmon (out of the 3,547 Chinook salmon harvest 
guideline) for this area for the duration of this EFP.
    If the overall harvest guideline of 3,547 Chinook salmon for the 
EFP is reached, the EFP would be shut down. Additionally, if a sub-
harvest guideline is reached EFP trips for which that sub-harvest 
guideline apply would be shut down. For example, if vessels fishing 
north of 42[deg] N. lat. prior to May 15th catch more than 720 Chinook 
salmon, the EFP would be shut down until May 15th when it would open 
back up in this area under the 3,547 Chinook salmon harvest guideline. 
For the area south of 42[deg] N. lat., if any time during the EFP 
vessels fishing in this area catch more than 80 Chinook salmon, the EFP 
activity in the area south of 42[deg] N. lat. would be shut down and 
would not reopen for the remainder of the EFP.
    The applicants have not proposed a specific list of participating 
vessels, as is traditionally the case, but rather are proposing that 
NMFS publish a public notice to gauge interest from limited entry 
groundfish midwater and bottom trawl vessels. Depending on the amount 
of interest and where vessels may be fishing, NMFS may need to limit 
participation by time and area to mitigate against potential impacts. 
Participating vessels that enroll in the EFP would be required to 
declare into and out of the EFP on a monthly basis by notifying NMFS.
    Information collected under the EFP could be used to support the 
analysis for potential new and modifications to existing gear 
regulations. With many of the current gear regulations having been in 
place for more than ten years, it is difficult for NMFS, the Council, 
and industry to predict the impacts of removing these regulations. In 
the past ten years, the industry has changed significantly. Reduction 
in capacity, innovations in gear technologies, and changes in 
management have all contributed to these changes. This EFP would help 
demonstrate what potential impacts, if any, today's fleet may have if 
some of the current gear, area, and time regulations are modified from 
what is currently in regulation.
    Therefore, NMFS is proposing to approve a 2018 trawl gear EFP, 
covering all the exemptions stated above following the conclusion of 
the public comment period, review of public comment, and completion of 
an analysis of the potential impacts. Pending approval, NMFS would 
issue the permits for the EFP to the vessel owner or designated 
representative as the ``EFP holder.'' NMFS intends to use an adaptive 
management approach in which NMFS may revise requirements and protocols 
to improve the program without issuing another Federal Register Notice, 
provided that the modifications fall within the scope of the original 
EFP. In addition, the applicants may request minor modifications and 
extensions to the EFP throughout the course of research. EFP 
modifications and extensions may be granted without further public 
notice if they are determined essential to facilitate completion of the 
proposed research and result in only a minimal change in the scope or 
impacts of the initially approved EFP request.
    In accordance with NAO Administrative Order 216-6, a Categorical 
Exclusion or other appropriate National Environmental Policy Act 
document would be completed prior to the issuance of any permits under 
this EFP. After publication of this document in the Federal Register, 
the EFP, if approved by NMFS, may be implemented following the public 
comment period. NMFS would consider comments submitted, as well as the 
Council's discussion at their September 2017 Council meeting, in 
deciding whether to approve the application as requested. NMFS may 
approve the application in its entirety or may make any alterations 
needed to achieve the goals of the EFP.

    Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.

    Dated: November 9, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24716 Filed 11-14-17; 8:45 am]
 BILLING CODE 3510-22-P