[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Proposed Rules]
[Pages 48094-48100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19705]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 190906-0023]
RIN 0648-BI99


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Seabird Bycatch Avoidance Measures

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

ACTION: Proposed rule, request for comments.

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SUMMARY: This proposed rule would require commercial groundfish bottom 
longline vessels 26 feet length overall and longer managed under the 
Pacific Coast Groundfish Fishery Management Plan to deploy streamer 
lines or to set gear between civil dusk and civil dawn when fishing in 
Federal waters north of 36[deg] North latitude. The action is necessary 
to fulfill terms and conditions of a 2017 United States Fish and 
Wildlife Service Biological Opinion to minimize incidental take of 
Endangered Species Act-listed short-tailed albatross (Phoebastria 
albatrus) by vessels in the

[[Page 48095]]

Pacific Coast groundfish fishery. This proposed rule is intended to 
promote the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Pacific Coast Groundfish Fishery 
Management Plan, and other applicable laws, including the Endangered 
Species Act.

DATES: Comments must be received by October 15, 2019.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2019-0063, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0063, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Barry A. Thom, Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, 
Seattle, WA 98115-0070. Attn: Keeley Kent.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post 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 is publicly 
accessible. NMFS will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous).

Electronic Access

    This rule is accessible via the Office of the Federal Register 
website at https://www.federalregister.gov/. Background information and 
documents including a Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (Analysis), which addresses the statutory 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), Presidential Executive Order 
12866, and the Regulatory Flexibility Act are available at the NMFS 
West Coast Region website at http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/index.html and at the Pacific Fishery Management 
Council's website at http://www.pcouncil.org.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655, or 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background and Need for Action

    The purpose of this proposed rule is to reduce interactions between 
seabirds, especially Endangered Species Act-listed species, and 
groundfish longline gear. Seabirds are known to dive on baited hooks 
near the sea surface when fishing vessels deploy longline gear. Birds 
can become entangled with, or hooked by, the gear and drown.
    Streamer lines, also known as tori lines, bird scaring lines, or 
bait saver lines, have been shown to deter seabirds from the fishing 
gear groundline for a distance beyond the stern of the vessel 
sufficient for the groundline to sink to a depth where bait is no 
longer accessible to diving birds (Section 1.2 of the Analysis).
    The streamer line is a line that extends from a high point on a 
vessel (a mast, pole, or rigging) near the stern of the vessel to a 
drogue (usually a buoy with a weight, such as a section of chain). As 
the vessel moves forward, the drogue creates tension in the line, 
producing a span of area from the stern where the streamer line is 
aloft. The aloft section includes streamers made of UV protected, 
brightly colored tubing spaced every 16 feet (ft) (5 meters (m)). 
Streamers must be heavy enough to maintain a near-vertical fence in 
moderate to high winds. Individual streamers extend to the water to 
prevent aggressive birds from getting to the groundline and interacting 
with hooks. Streamer lines have been effective at reducing seabird 
bycatch in fisheries throughout the world, including Alaskan fisheries 
that are similar to Pacific Coast groundfish fisheries.
    In limited instances, a buoy bag line may be used in place of a 
streamer line. Vessels without mast, poles, and rigging must deploy at 
least one buoy bag line. A buoy bag line extends from a high point on 
the vessel to a drogue (a buoy with a weight, such as a section of 
chain). The buoy bag line hangs over the area where baited hooks may be 
accessible to seabirds, which is generally within 6.5 feet (2 m) of the 
sea surface.
    On the West Coast, longline vessels fishing under the Pacific Coast 
Groundfish Fishery Management Plan (FMP) interact with short-tailed 
albatross, which are listed as endangered under the Endangered Species 
Act (ESA). Short-tailed albatross typically only dive to depths of 6.6 
ft (2 m) when feeding. A 2012 U.S. Fish and Wildlife Service (USFWS) 
Biological Opinion on the continued operation of the Pacific Coast 
groundfish fishery required vessels 55 ft (16.8 m) and longer length 
overall (LOA) using bottom longline gear (as defined in 50 CFR 660.11) 
to use streamer lines (80 FR 71975; November 18, 2015). Smaller vessels 
were not included in the requirement. However, research since then has 
shown that vessel size is not a limiting factor on seabird interactions 
(USFWS Biological Opinion 2017).
    In 2015, the Pacific Fishery Management Council's (Council) 
Groundfish Endangered Species Act Workgroup estimated that incidental 
take of short-tailed albatross in groundfish longline fisheries 
exceeded the incidental take level allowed in the 2012 Biological 
Opinion (Section 1.2 of the Analysis). Thus, NMFS reinitiated 
consultation in 2016 with the USFWS pursuant to Section 7 of the ESA. 
On May 2, 2017, USFWS published its new Biological Opinion on the 
fishery. The Incidental Take Statement (ITS) in the Biological Opinion 
lists nondiscretionary terms and conditions, one of which requires NMFS 
to amend the fishery regulations to require vessels fishing for 
groundfish in Federal waters that use longline gear to:
    (i) Employ streamer lines in the commercial longline fishery of the 
Pacific Coast Ground Fishery consistent with the Alaska streamer line 
regulations for Federal waters, including the use of single streamer 
lines on boats 26-55 feet (7.9-16.8 m) in length, or
    (ii) Set longlines after civil sunset.

The ITS requires that NMFS implement these regulation changes as soon 
as practical, but initiation of implementation shall not exceed a 
three-year period after the date of the Biological Opinion.
    The Council evaluated the requirements of the ITS and analyzed an 
action to amend the regulations implementing the FMP to address seabird 
bycatch in the fishery at its November 2018, April 2019, and June 2019 
meetings. The Council recommended a preferred alternative at its April 
2019 meeting and took final action in June 2019. NMFS is proposing 
modifications to the existing Seabird Avoidance Program regulations for 
the Pacific Coast groundfish fishery through this proposed rule to 
incorporate the Council's recommendation.

Description of the Pacific Coast Groundfish Longline Fishery

    As described in Section 3.5.1 of the Analysis, groundfish longline 
vessels are grouped into the following four fisheries:
    (1) Vessels with a sablefish fixed gear endorsed Federal groundfish 
limited entry permit may participate in the primary sablefish fishery 
with vessel-

[[Page 48096]]

specific sablefish catch limits assigned according to permit 
possession;
    (2) Vessels with fixed gear endorsed Federal groundfish limited 
entry permit but without the sablefish endorsement;
    (3) Vessels with a trawl endorsed groundfish limited entry permit 
participate in the Shorebased Individual Fishing Quota (IFQ) Program 
fishery and may use any legal groundfish gear. A portion of vessels 
possessing these endorsed permits and the necessary quota pounds use 
longline gear to catch sablefish (``gear switchers''). From an 
operational standpoint these vessels are comparable to the limited 
entry category described above; and,
    (4) Vessels without a Federal permit are subject to daily and 
weekly trip limits for groundfish species. Vessels without a Federal 
permit participate in the open access fishery, and are subject to state 
permitting requirements as applicable.
    Overlapping with these permit categories, vessels may be described 
as participating in the non-nearshore or nearshore fishery. The non-
nearshore fishery principally targets sablefish on the continental 
slope and may also land other associated species such as thornyheads. 
The nearshore fishery, as the name implies, fishes closer to shore and 
primarily in state waters, principally landing various rockfish species 
(Section 3.5.1 of the Analysis). The 2017 Biological Opinion excluded 
any groundfish fisheries in state waters from the proposed action, 
therefore this proposed rule only applies to vessels fishing in federal 
waters, delineated as the exclusive economic zone, 3-200 nautical miles 
(5.6-370.4 kilometers) from shore.
    Section 3.5.2 of the Analysis indicates that 37 large vessels 
(vessels greater than or equal to 55 ft (16.8 m) LOA) and 387 small 
vessels (vessels greater than or equal to 26 ft (7.9 m) and less than 
55 ft (16.8 m) LOA) participated in the non-nearshore fishery using 
longline gear during the 2013-2017 baseline period. During the baseline 
period, the Analysis found a considerable amount of variation in the 
number of participating vessels from year to year, especially in the 
small vessel category. On average, 22 large vessels and 199 small 
vessels participated in these federal fisheries annually, suggesting 
that vessels move in and out of the fishery over time.
    Section 3.5.4 of the Analysis compares annual engagement levels to 
annual revenues for small and large vessels participating in the non-
nearshore fishery. The Analysis indicates that most of the vessels 
participating in this fishery make relatively few trips annually. In 
terms of the number of trips, 80 percent of small vessels and 90 
percent of large vessels make 10 or fewer trips per year. Despite the 
low apparent level of participation, the Analysis found that most 
vessels earn the majority of their annual revenue from this fishery. In 
terms of annual revenue, 77 percent of small vessels and 73 percent of 
large vessels derive 90 percent or more of total ex-vessel revenue from 
the fishery annually. The primary ports of landing for these vessels 
from 2013 to 2017 were Monterey, Fort Bragg, CA; Brookings, Coos Bay, 
Newport, OR; and ports on the south and central coast of Washington 
(Section 3.5.6 of the Analysis).

Proposed Seabird Bycatch Avoidance Measures

    This proposed rule would amend the existing Seabird Avoidance 
Program regulations for the Pacific Coast groundfish fishery at 50 CFR 
660.21 to implement the requirements of the 2017 USFWS Biological 
Opinion. The existing Seabird Avoidance Program regulations apply to 
vessels greater than or equal to 55 ft (16.8 m) LOA engaged in 
commercial fishing for groundfish with bottom longline gear. Vessels 
using snap gear must deploy a minimum of a single streamer line. 
Vessels not using snap gear must deploy paired stream lines. Pacific 
Coast treaty Indian fisheries and anglers engaged in recreational 
fishing for groundfish are exempt from the regulations. The existing 
regulations also exempt vessels when a National Weather Service Gale 
Warning is in effect.
    This proposed rule would extend the streamer line requirements 
currently in place for vessels greater than or equal to 55 ft (16.8 m) 
LOA to vessels greater than or equal to 26 ft (7.9 m) and less than 55 
ft (16.8 m) LOA using bottom longline gear, as defined under 50 CFR 
660.11, when fishing north of 36[deg] N latitude. This proposed rule 
would also exempt all Pacific coast groundfish vessels subject to 
seabird avoidance requirements from streamer line requirements when 
night setting and exempt vessels greater than or equal to 26 ft (7.9 m) 
and less than 55 ft (16.8 m) LOA from using streamer lines when a small 
craft advisory is declared. This section details the features of the 
proposed expanded seabird bycatch avoidance measures.
    The Council recommended exempting vessels fishing south of 36[deg] 
N latitude due to the rare presence of short-tailed albatross in this 
area, and as a result, decreased likelihood of interaction with fishing 
gear. This exemption would apply to all sizes of vessels; therefore, it 
would create a new exemption for the vessels greater than or equal to 
55 ft (16.8 m) LOA that have been subject to streamer line requirements 
since 2015.
    Bottom longline gear includes snap gear, which is a variant of this 
gear type in which the gangion and hook are attached to the groundline 
by means of a mechanical fastener or snap, usually during gear 
deployment. Because vessel operators may snap the gangion and hook to 
the groundline during deployment, this gear configuration often means 
that vessels deploy the gear at a slower speed than standard bottom 
longline gear. This action would require a different streamer line 
configuration for vessels using snap gear that are greater than or 
equal to 26 ft (7.9 m) and less than 55 ft (16.8 m) LOA to accommodate 
the slower snap gear deployment speed and would be consistent with the 
existing regulations for vessels greater than or equal to 55 ft (16.8 
m) LOA.
    A portion of the vessels participating in this fishery use floated 
longline gear. Floats are attached to the mainline at the midpoint 
between the weights that sink the gear to the seafloor. The floats 
elevate the mainline off the seafloor to minimize depredation by ``sea 
lice'' (isopods) and hagfish, which can occur when baited hooks are 
immobile on the seafloor. The Analysis found that because of the slower 
sink rate of floated longline gear, streamer lines are less effective 
in minimizing seabird bycatch. With floated gear, that portion adjacent 
to the float, is exposed to seabird attacks well beyond the extent of 
the streamer lines. As part of this action, the Council considered 
special seabird bycatch mitigation measure requirements for vessels 
using floated mainline gear (see Section 3.7 of the Analysis) due to 
differences in the length of gear within potential bird strike depths 
beyond the normal extent of streamer lines. Specifically, the Council 
considered whether to only allow vessels using this gear type to set at 
night. However, due to safety concerns raised during the analysis of 
the action, difficulty in assessing the number of participants this 
action would affect because of data limitations, and concerns about the 
burden such a requirement would place on vessels that may typically 
only conduct day trips, the Council did not recommend special 
requirements for floated mainline gear at this time. However, the 
Council acknowledged concerns with the effectiveness of streamer lines 
for reducing seabird interactions for floated mainline gear and 
requested NMFS and the industry collaborate on research on strategies 
to

[[Page 48097]]

modify floated mainline gear so that streamer lines are more effective, 
or adjust the configuration of streamer lines to make them more 
effective for floated mainline gear. NMFS intends to pursue further 
research both to meet the Council's recommendation and to fulfill the 
terms and conditions of the Biological Opinion, which directs NMFS to 
conduct research that investigates new or improved methods of reducing 
bycatch of short-tailed albatross that are safe and effective within 
the longline fishery. This term and condition also specifically notes 
that NMFS should pursue research on the effect of floating gear on 
albatross bycatch and improved methods to minimize risk of bycatch.
    The Biological Opinion requires that the streamer line 
configurations of this action be consistent with the Alaska streamer 
line regulations (50 CFR 679.24(e)). To meet this term and condition, 
this proposed rule would require the following configurations of 
streamer lines for vessels greater than or equal to 26 ft (7.9 m) and 
less than 55 ft (16.8 m) LOA.
    Vessels with mast, poles, and rigging and not using snap gear would 
be required to deploy a single streamer line. The single streamer line 
must:
    1. Be a minimum of 300 ft (91.4 m) in length;
    2. Have streamers spaced every 16.4 ft (5 m);
    3. Be deployed before the first hook is set in such a way that 
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the 
stern and within 6.6 ft (2 m) horizontally of the point where the main 
groundline enters the water;
    4. Have individual streamers that hang attached to the mainline to 
9.8 in (0.25 m) above the waterline in the absence of wind;
    5. Have at least eight streamers out of the water aft of the 
vessel; and
    6. 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.
    Vessels with mast, poles, and rigging and using snap gear must 
deploy a single streamer line. The single streamer line must:
    1. Be a minimum of 147.6 ft (45 m) in length;
    2. Have streamers spaced every 16.4 ft (5 m);
    3. Be deployed before the first hook is set in such a way that 
streamers are in the air for a minimum of 65.6 ft (20 m) aft of the 
stern and within 6.6 ft (2 m) horizontally of the point where the main 
groundline enters the water;
    4. Have individual streamers that hang attached to the mainline to 
9.8 in (0.25 m) above the waterline in the absence of wind;
    5. Have at least four streamers out of the water aft of the vessel; 
and
    6. 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.
    Vessels without mast, poles, and rigging must deploy at least one 
buoy bag line:
    1. A buoy bag line consists of two components: A length of line 
(without streamers attached) and one or more float devices at the 
terminal end.
    2. Have a buoy bag line that hangs over the area where baited hooks 
may be accessible to seabirds, which is generally within 6.5 feet (2 m) 
of the sea surface.
    This proposed rule would exempt all Pacific coast groundfish 
vessels subject to seabird avoidance requirements from streamer line 
requirements when night setting. This proposed rule would define night 
setting as deployment of gear between civil dusk (defined as one hour 
after local sunset) and civil dawn (defined as one hour before local 
sunrise). As described in Section 3.7.1.1 of the Analysis, deploying 
gear between civil dusk and civil dawn is an effective seabird bycatch 
mitigation measure due to the primarily day-time foraging patterns of 
short-tailed albatross. This exemption would apply to all sizes of 
vessels; it therefore would create a new exemption for the vessels 
greater than or equal to 55 ft (16.8 m) LOA that have been subject to 
streamer line requirements since 2015.
    Finally, this proposed rule would include weather safety exemptions 
due to the risk of entanglement of streamer lines in fishing gear in 
high winds. Currently, vessels greater than or equal to 55 ft (16.8 m) 
LOA are exempt from deploying streamer lines when fishing in an area 
under a National Weather Service (NWS) Gale warning (winds 34 to 47 
knots). This proposed rule would create a weather safety exemption for 
vessels greater than or equal to 26 ft (7.9 m) and less than 55 ft 
(16.8 m) LOA when fishing in an area under a NWS Small Craft Advisory 
(winds 21 to 33 knots) or in an area seaward of such an area.

Anticipated Effects of This Proposed Rule

    This proposed rule would reduce the likelihood of interactions 
between seabirds and groundfish longline vessels and therefore reduce 
the risk of seabird bycatch in this fishery, specifically for 
endangered short-tailed albatross (Section 3.7.1.1 of the Analysis). As 
enumerated in Section 3.5.2 of the Analysis, this proposed rule would 
annually affect, on average, 199 vessels greater than or equal to 26 ft 
(7.9 m) and less than 55 ft (16.8 m) LOA that would be subject to 
streamer line or night setting requirements. Additionally, this 
proposed rule would annually affect, on average, 22 vessels greater 
than or equal to 55 ft (16.8 m) LOA that would be exempt from the use 
of streamer lines when night setting.
    Under this proposed rule, vessels greater than or equal to 26 ft 
(7.9 m) and less than 55 ft (16.8 m) LOA would need to obtain and use a 
streamer line when setting their gear. A single streamer line costs 
around $125 in materials and labor. As part of this action, Oregon Sea 
Grant is distributing a number of streamer lines free of charge to 
fishery participants (Section 3.7.2.1 of the Analysis). Streamer lines 
may have to be replaced over time depending on wear and tear. Vessels 
may also choose to night set in lieu of obtaining and using a streamer 
line. If a vessel were not already equipped to night set, new or 
upgraded deck lighting may be necessary (Section 3.7.2.1 of the 
Analysis). There may be no additional costs borne by fishery 
participants subject to this proposed rule if participants obtain a 
free streamer line or are already equipped for night setting. 
Conversely, participants may be required to purchase a streamer line or 
deck lighting to facilitate night setting.
    Using streamer lines adds to the complexity of deploying the gear. 
This would result in a modest increase in indirect cost (any additional 
labor involved in deploying streamer lines) and there is a small risk 
of the streamer lines entangling in the fishing gear if deployed 
improperly, which could reduce fishing time and thus catch (Section 
3.7.3.1 of the Analysis). Relative to night setting, reduced visibility 
at night could make it more difficult to operate the vessel and conduct 
fishing operations. However, many vessels both small and large 
participating in the fishery make multi-day trips (see Section 3.5.5 of 
the Analysis) and some vessels already set gear at night, suggesting 
that the impact of voluntarily operating at night would be minimal 
(Section 3.7.3.1 of the Analysis). The Coast Guard requires navigation 
lights for all power-driven vessels (as defined in 33 CFR 83.26), 
regardless of whether the vessels exclusively operate during the day. 
Additionally, the Coast Guard provides recommendations for determining 
safe speeds for daytime and nighttime

[[Page 48098]]

operations (https://www.navcen.uscg.gov/pdf/navRules/navrules.pdf). 
Assuming vessels were following these requirements and guidance, 
vessels practicing prudent judgement could operate safely at night.

Information Solicited

    Public comment is sought on all aspects of this proposed rule. In 
particular, NMFS is requesting information on implementing a weather 
exemption for vessels greater than or equal to 26 ft (7.9 m) and less 
than 55 ft (16.8 m) LOA and whether the inclusion of areas seaward of a 
small craft wind advisory in a weather-based exemption from streamer 
line use is appropriate and understandable. See ADDRESSES above for 
information on how to submit a comment.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this rule is 
consistent with the FMP, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    There are no relevant federal rules that may duplicate, overlap, or 
conflict with this action.
    An initial regulatory flexibility analysis (IRFA) was prepared for 
this action, as required by section 603 of the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 603). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action is contained in the SUMMARY section and at the beginning of the 
SUPPLEMENTARY INFORMATION section of the preamble. A summary of the 
IRFA follows. A copy of the IRFA is available from NMFS (see 
ADDRESSES).
    When an agency proposes regulations, the RFA requires the agency to 
prepare and make available for public comment an IRFA that describes 
the impact on small businesses, non-profit enterprises, local 
governments, and other small entities. The IRFA is to aid the agency in 
considering all reasonable regulatory alternatives that would minimize 
the economic impact on affected small entities.
    The RFA (5 U.S.C. 601 et seq.) requires government agencies to 
assess the effects that regulatory alternatives would have on small 
entities, defined as any business/organization independently owned and 
operated and not dominant in its field of operation (including its 
affiliates). A small harvesting business has combined annual receipts 
of $11 million or less for all affiliated operations worldwide. A small 
fish-processing business is one that employs 750 or fewer persons for 
all affiliated operations worldwide.
    For marinas and charter/party boats, a small business is one that 
has annual receipts not in excess of $7.5 million. A wholesale business 
servicing the fishing industry is a small business if it employs 100 or 
fewer persons on a full time, part time, temporary, or other basis, at 
all its affiliated operations worldwide. A nonprofit organization is 
determined to be ``not dominant in its field of operation'' if it is 
considered small under one of the following Small Business 
Administration (SBA) size standards: Environmental, conservation, or 
professional organizations are considered small if they have combined 
annual receipts of $15 million or less, and other organizations are 
considered small if they have combined annual receipts of $7.5 million 
or less.
    The RFA defines small governmental jurisdictions as governments of 
cities, counties, towns, townships, villages, school districts, or 
special districts with populations of less than 50,000.

Description and Estimate of the Number of Small Entities to Which the 
Rule Applies, and Estimate of Economic Impacts by Entity Size and 
Industry

    This proposed rule would directly affect groundfish longline 
vessels. These vessels are defined as small entities based on the 
criteria provided above. Baseline information reported in Section 3.5.2 
of the Analysis suggests that as many as 387 of such vessels greater 
than or equal to 26 ft (7.9 m) and less than 55 ft (16.8 m) LOA could 
be subject to the requirement to use streamer lines or set gear at 
night. An additional 37 vessels greater than or equal to 55 ft (16.8 m) 
LOA could be subject to elements of the proposed action (area 
exemptions south of 36[deg] N latitude, night setting option) and also 
qualify as small entities. These counts are the maximum estimate, as 
vessels move in and out of the fishery between years.
    There is not a strict one-to-one correlation between vessels and 
entities; some persons or firms likely have ownership interests in more 
than one vessel. Furthermore, as discussed in Section 3.5.4 of the 
Analysis, most of these vessels had a relatively low level of 
participation in the fishery during the baseline period, although in 
principal any level of participation would trigger seabird avoidance 
requirements (streamer line use, night setting). Given these factors, 
the actual number of entities regulated by this action could be lower 
than the preceding estimates.

Description of Proposed Reporting, Record-Keeping, and Other Compliance 
Requirements of This Proposed Rule

    There are no proposed reporting or record-keeping requirements with 
this proposed rule. All longline vessels, whether classified as small 
or not, would be subject to new compliance requirements under this 
proposed rule to either use streamer lines or night set in order to 
reduce seabird interactions.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    The proposed regulations do not create overlapping regulations with 
any state regulations or other federal laws.

A Description of any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize any Significant Economic Impact of the Proposed Rule on Small 
Entities

    There are no significant alternatives to the proposed rule that 
would accomplish the stated objectives in a way that would reduce 
economic impacts of the proposed rule on small entities. This action 
responds to a non-discretionary term and condition in the 2017 USFWS 
Biological Opinion, which specifies the mitigation measures that must 
be implemented to reduce the risk of short-tailed albatross takes. For 
that reason, there are no significant alternatives to the proposed 
action evaluated in this IRFA.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: September 6, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Program, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
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.

0
2. In Sec.  660.21, revise paragraphs (b), (b)(1), (c)(1) through (3), 
to read as follows:

[[Page 48099]]

Sec.  660.21   Seabird Avoidance Program.

* * * * *
    (b) Applicability. The requirements specified in paragraph (c) of 
this section apply to the following fishing vessels when operating 
within the EEZ north of 36[deg] N latitude:
    (1) Vessels greater than or equal to 26 ft (7.9 m) LOA engaged in 
commercial fishing for groundfish with bottom longline gear, including 
snap gear, as defined under ``Fishing gear'' in Sec.  660.11, including 
those operating under the gear switching provisions of the Limited 
Entry Trawl Fishery, Shorebased IFQ Program as specified in Sec.  
660.140(k), or those operating under the limited entry fixed gear 
fishery in subpart E or under the open access fishery in subpart F of 
this part, except as provided in paragraphs (b)(2) of this section.
* * * * *
    (c) * * *
    (1) General Requirements. The operator of a vessel described in 
paragraph (b)(1) of this section must comply with the following 
requirements, unless operating under the provisions of paragraph (c)(3) 
of this section:
    (i) Gear onboard. Have onboard the vessel seabird avoidance gear 
meeting the material standards specified in paragraph (c)(1)(iv) of 
this section and in accordance to the vessel size and gear type 
specific requirements 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 material standards 
specified in paragraph (c)(1)(iv) of this section while bottom longline 
and snap gears are being deployed.
    (iv) Material standards for all streamer lines. All streamer lines 
must:
    (A) Have streamers spaced every 16.4 ft (5 m).
    (B) Have individual streamers that hang attached to the mainline to 
9.8 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.
    (v) Handling of hooked short-tailed albatross. If a short-tailed 
albatross is hooked or entangled by a vessel, owners and operators must 
ensure that the following actions are taken:
    (A) Stop the vessel to reduce the tension on the line and bring the 
bird on board the vessel using a dip net;
    (B) Determine if the bird is alive or dead.
    (C) If alive, follow these instructions:
    (1) Cover the bird with a towel to protect its feathers from oils 
or damage while being handled;
    (2) Remove any entangled lines or hooks from the bird without 
further injuring the bird;
    (3) Place the bird in a safe enclosed place;
    (4) If the hook has been ingested or is inaccessible, keep the bird 
in a safe, enclosed place and submit it to NMFS or the U.S. Fish and 
Wildlife immediately upon the vessel's return to port. Do not give the 
bird food or water.
    (5) Assess whether the bird meets the following criteria for 
release:
    (i) Able to hold its head erect and respond to noise and motion 
stimuli;
    (ii) Able to breathe without noise;
    (iii) Capable of flapping and retracting both wings to normal 
folded position on its back;
    (iv) Able to stand on both feet with toes pointed forward; and
    (v) Feathers are dry.
    (6) If bird does not meet criteria for release:
    (i) Immediately contact NMFS or the U.S. Fish and Wildlife Service 
at the numbers listed on the West Coast Seabird Avoidance Measures 
flyer and request veterinary guidance;
    (ii) Follow the veterinary guidance regarding the handling and 
release of the bird.
    (D) If dead, freeze the bird immediately with an identification tag 
attached directly to the specimen listing the species, location and 
date of mortality, and band number if the bird has a leg band. Attach a 
duplicate identification tag to the bag or container holding the bird. 
Any leg bands present must remain on the bird. Contact NMFS or the U.S. 
Fish and Wildlife Service at the numbers listed on the West Coast 
Seabird Avoidance Measures flyer, inform them that you have a dead 
short-tailed albatross on board, and submit the bird to NMFS or the 
U.S. Fish and Wildlife within 72 hours following completion of the 
fishing trip.
    (E) All incidents involving the hooking of short-tailed albatross 
must be reported to U.S. Fish and Wildlife Service Law Enforcement by 
the vessel operator within 72 hours of taking an albatross by phoning 
360-753-7764 (WA); 503-682-6131 (OR); or 916-414-6660 (CA).
    (F) 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 and Performance Standards. The operator of a 
vessel identified in paragraph (b)(1) of this section must comply with 
the following gear requirements:
    (i) For vessels with masts, poles, or rigging using snap gear as 
defined at Sec.  660.11, the following requirements apply:
    (A) Vessels must deploy a minimum of a single streamer line in 
accordance with the requirements of paragraphs (c)(1)(iv) of this 
section, except as provided in paragraph (c)(2)(iv) of this section.
    (B) Streamer lines must be a minimum length of 147.6 ft (45 m).
    (C) Streamer lines must be deployed so that streamers are in the 
air a minimum of 65.6 ft (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. A minimum of 4 streamers must be 
out of the water aft of the stern.
    (ii) For vessels with masts, poles, or rigging using bottom 
longline other than snap gear, as defined under 660.11 ``Fishing Gear'' 
paragraph (6)(B), the following requirements apply:
    (A) Streamer lines must be a minimum length of 300 feet (91.4 m).
    (B) The number of streamer lines required and the streamer line 
deployment requirements vary by vessel length as follows:
    (1) Vessels greater than or equal to 26 feet (7.9 m) and less than 
55 feet (16.8 m) LOA must use a minimum of one streamer line. Streamer 
line must be deployed before the first hook is set in such a way that 
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the 
stern and within 6.6 ft (2 m) horizontally of the point where the main 
groundline enters the water. A minimum of 8 streamers must be out of 
the water aft of the stern.
    (2) Vessels greater than or equal to 55 feet (16.8 m) LOA must use 
paired streamer lines. At least one streamer line must be deployed 
before the first hook is set in such a way that streamers are in the 
air for a minimum of 131.2 ft (40 m) aft of the stern and within 6.6 ft 
(2 m) horizontally of the point where the main groundline enters the 
water. A minimum of 8 streamers must be out of the water aft of the 
stern. The second streamer line must be deployed within 90 seconds 
thereafter.
    (i) For vessels deploying gear from the stern, the streamer lines 
must be

[[Page 48100]]

deployed from the stern, one on each side of the main groundline.
    (ii) For vessels deploying 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.
    (iii) Vessels without masts, poles, or rigging. A minimum of 1 buoy 
bag line must be used by vessels without superstructure, including 
masts, poles, or rigging. The buoy bag line must hang over the area 
where baited hooks may be accessible to seabirds, which is generally 
within 6.5 feet (2 m) of the sea surface.
    (iv) The following weather safety exemptions apply, based on vessel 
length:
    (A) Vessels greater than or equal to 26 feet (7.9 m) and less than 
55 feet (16.8 m) LOA are exempted from the requirements of paragraph 
(c)(1)(iii) of this section when a National Weather Service Small Craft 
Advisory for Winds is in effect, or other National Weather Service 
Advisory for wind speeds exceeding those that trigger a Small Craft 
Advisory for Winds. This exemption applies only during the time and 
within the area indicated in the National Weather Service Weather 
Advisory or in an area seaward of such an area.
    (B) Vessels 55 feet and longer (16.8 m) LOA 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.
    (3) Night setting. The operator of a vessel described in paragraph 
(b)(1) of this section, that begins and completes deployment of gear 
between one hour after local sunset and one hour before local sunrise 
is exempt from the provisions of paragraphs (c)(1) and (c)(2) of this 
section.

[FR Doc. 2019-19705 Filed 9-11-19; 8:45 am]
BILLING CODE 3510-22-P