[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Proposed Rules]
[Pages 7323-7325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03493]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[0648-XG791]


Fisheries off West Coast States; Highly Migratory Fisheries; 
Amendment 6 to Fishery Management Plan for U.S. West Coast Fisheries 
for Highly Migratory Species; Authorization of Deep-Set Buoy Gear

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

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS); announcement of public scoping period and 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 
potential short- and long-term impacts of the proposed action to 
authorize deep-set buoy gear under the Fishery Management Plan for U.S. 
West Coast Fisheries for Highly Migratory Species (HMS FMP) on the 
human (biological, physical, social, and economic) environment. This 
notice of

[[Page 7324]]

intent to prepare an EIS invites interested parties to provide comments 
on alternatives to be considered in an EIS and to identify potential 
issues, concerns, and any reasonable additional alternatives that 
should be considered.

DATES: Written comments on the scope of the analysis will be accepted 
through April 3, 2019. Written, faxed, or emailed comments must be 
received by 5 p.m. Pacific Daylight Time (PDT) on April 3, 2019. Public 
comments will also be accepted during a webinar scheduled for 1 p.m. to 
3 p.m. PDT, March 26, 2019. Please notify Lyle Enriquez (see FOR 
FURTHER INFORMATION CONTACT, below) by March 19, 2019, if you plan to 
attend the webinar. Instructions for connecting or calling into the 
webinar will be emailed to meeting participants. Accommodations for 
persons with disabilities are available; accommodation requests should 
be directed to Lyle Enriquez at least 10 working days prior to the 
webinar. Additionally, please note that public scoping for this 
proposed action will continue through regular meetings of the Council 
and its advisory bodies (see: http://www.pcouncil.org/council-operations/council-meetings/future-meetings/).

ADDRESSES: You may submit comments on the scope of this EIS by any of 
the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0015
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.

--OR--

     Mail: Submit written comments to [email protected], 
NMFS West Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 
4200, Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2019-
0015'' in the comments.
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. 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. All comments received are a part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Copies of this document can be obtained from http://www.regulations.gov, docket NOAA-NMFS-2019-0015, or by contacting NMFS 
West Coast Region Long Beach Office, 501 W Ocean Blvd., Suite 4200, 
Long Beach, CA 90802, or [email protected].

FOR FURTHER INFORMATION CONTACT: Lyle Enriquez, NMFS, 562-980-4025, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    After a series of initial research and exempted fishing permit 
trials of deep-set buoy gear, (including both standard and linked 
configurations) the Council decided to consider authorizing the gear to 
be fished in the exclusive economic zone (EEZ) off the U.S. west coast 
under the HMS FMP. The initial trials indicate that this innovative 
gear-type has infrequent protected species (including sea turtles, 
marine mammals, and seabirds) interactions and finfish bycatch, and it 
may contribute to an economically viable U.S. west coast swordfish 
fishery. Currently, only two other fishing gears are authorized for 
targeting swordfish in the EEZ off the U.S. west coast: Harpoon and 
drift gillnet. Participation in the drift gillnet fleet has declined 
considerably over the last two decades, with between 17 and 23 vessels 
delivering swordfish landings to U.S. west coast ports each year since 
2014. Fewer than 21 harpoon vessels made landings each year since 2014. 
The harpoon fishery has historically been a low-volume fishery compared 
to the drift gillnet fishery.

Purpose and Need for the Proposed Action

    The purpose and need as determined by the Council during its 
November 2018 meeting are as follows:
     The purpose of the proposed action is to authorize the use 
of deep-set buoy gear as an additional fishing gear in the U.S. west 
coast commercial swordfish fishery that minimizes bycatch and 
incidental mortality of finfish and protected species (including sea 
turtles, marine mammals, and seabirds) to the extent practicable while 
maximizing the potential for an economically viable fishery.
     The proposed action is needed to authorize deep-set buoy 
gear as a new gear type as a component of a U.S. west coast swordfish 
fishery that effectively addresses the 10 National Standards (NS) for 
Conservation and Management included in the Magnuson Stevens Act, 
Section 301, in particular NS One (optimum yield) and Nine (minimize 
bycatch).

Deep-Set Buoy Gear Configurations and Operations

    Deep-set buoy gear is an umbrella term referring to two distinct 
gear configurations. These configurations include standard buoy gear 
and linked buoy gear. An individual piece of standard buoy gear 
consists of a vertical monofilament mainline suspended from a buoy-
array with a terminal weight. Up to three gangions with hooks may be 
attached to the mainline at a minimum depth of 90 meters (295 feet). An 
individual piece of linked buoy gear consists of a monofilament 
mainline which extends vertically from a buoy-array (either directly or 
from a minimum 50 foot poly-line extender) to a weight; then 
horizontally to a second weight; then vertically to a minimum 50 foot 
poly-line extender attached to a second buoy-array. Up to three 
gangions with hooks may be connected to each horizontal section of the 
mainline, all of which must be fished below 90 meters. The pieces may 
be linked together by the mainline, which is serviceable between each 
piece of linked buoy gear and must be suspended between links below a 
depth of 50 feet. No more than 10 sections of linked buoy gear may be 
deployed at any one time, with no more than three hooks per section.
    Both configurations include the following specifications and 
operational criteria:
     The surface buoy flotation and strike detection array must 
consist of a minimum of three buoys (a minimum 45 pound buoyancy non-
compressible hard ball, a minimum 6 pound buoyancy buoy, and a strike 
detection buoy), with no more than six feet of line between adjacent 
buoys, all connected in-line by a minimum of \3/8\ inch diameter line 
and no use of buoy tether attachments (e.g., non-streamlined gear with 
loops and/or dangling components). Standard and terminal linked buoy-
arrays must include a locator flag, a radar reflector, and vessel/
fisher identification compliant with all current state requirements and 
regulations;
     Weights must be a minimum of 3.6 kilograms;
     Lines connecting surface buoys must be at least \3/8\ of 
an inch in diameter;
     Minimum size 16/0 circle hooks with not more than 10[deg] 
offset;

[[Page 7325]]

     A vessel may deploy no more than ten pieces of standard or 
linked buoy gear one time, with no more than three hooks per piece;
     All pieces of gear must remain within a five nautical mile 
diameter circle and the vessel may be no more than three nautical miles 
from the nearest piece of gear. These specifications allow for active 
tending;
     Gear must be deployed prior to local sunrise and onboard 
the vessel no later than three hours after local sunset;
     Gear types other than deep-set buoy gear may be used on 
the same trip when deep-set buoy gear is used as long as the deep-set 
buoy gear is actively tended. This limits the gears with which 
fishermen could concurrently fish with deep-set buoy gear and maintain 
maneuverability to allow for active tending or staying within the 
active tending boundary or both. Other gears may be set and retrieved 
on the way out to and returning from sea, and deep-set buoy gear fished 
and actively tended in between, potentially at a large distance from 
the other gear.

Alternatives

    A detailed description of the alternatives adopted by the Council 
on November 7, 2018, can be found here: https://www.pcouncil.org/wp-content/uploads/2019/02/J1a_NMFS_Rpt1_MAR2019BB.pdf. The following 
description summarizes the scope of the alternatives currently being 
considered by NMFS and the Council. The range of alternatives that the 
Council adopted includes a No Action Alternative and two action 
alternatives (i.e., Alternative 1 and Alternative 2). The action area 
encompasses the U.S. west coast EEZ between the Mexico/United States 
border to the South and the Oregon/Washington border to the North. 
Alternative 1 is to authorize deep-set buoy gear under an open access 
permit. Alternative 2 is to authorize the gear as an open access permit 
for the action area, except for an area off of Southern California East 
of 120[deg]28'18'' W longitude, which would be authorized through a 
limited entry permit or endorsement. The Council advised analyzing the 
impacts of authorizing up to 500 permits under each action alternative.
    Under Alternative 2, the Council adopted five sub-options 
pertaining to the number and timing of limited entry permits to be 
issued in the Southern California Bight. These options are as follows:
    1. Not more than 25 permits per year, not to exceed 300 total;
    2. Not more than 50 permits per year, not to exceed 300 total;
    3. Not more than 100 permits per year, not to exceed 300 total;
    4. Not more than 300 permits maximum; and
    5. Up to 50 permits issued in the first permit year, and up to 25 
permits issued annually in subsequent years until either (a) a maximum 
of 300 permits are issued, (b) NMFS determines less than 300 are 
necessary to ensure compliance with the Endangered Species Act and 
Marine Mammal Protection Act, or (c) the Council recommends to NMFS 
that less than 300 permits are necessary to meet stakeholder needs.
    The Council selected Alternative 2, Option 5 as its preliminary 
preferred alternative (PPA) on November 7, 2018. On November 7, 2018, 
the Council also selected a range of options for limited entry 
qualifying criteria (i.e., including ranked criteria for some options) 
for limited entry permits to be issued under Alternative 2. These 
options would assign higher permit issuance priority to persons with 
demonstrated swordfish fishing experience or permit possession history. 
Once priority-ranked permits are issued under these options, any 
remaining permits would be issued on a first-come, first-served basis.

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. Information and analysis 
prepared for this action also may be used for scoping future swordfish 
harvest and management measure actions to help decide whether to 
prepare an Environmental Assessment or EIS.

Public Scoping Process

    Public scoping occurs 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 Council meetings. 
These public comments are integral to scoping for developing this EIS. 
The Council began considering the proposed action at their March 2016 
meeting, and they developed a range of alternatives during their June 
2016, March 2017, and June 2018 meetings. During the November 2018 
meeting, the Council adopted a final range of alternatives, including 
qualifying criteria for limited entry program options, and selected a 
preliminary preferred alternative. Council meetings in 2019 that offer 
additional opportunities for public involvement include: The March 5-12 
meeting in Vancouver, Washington (Hilton Vancouver Washington, 301 W 
Sixth Street, Vancouver, WA 98660), and the June 18-25 meeting in San 
Diego, California (Doubletree by Hilton San Diego (7450 Hazard Center 
Drive, San Diego, CA 92108). For further information on these meetings, 
visit the Council's website, http://www.pcouncil.org/council-operations/council-meetings/future-meetings/.

    Dated: February 22, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-03493 Filed 3-1-19; 8:45 am]
BILLING CODE 3510-22-P