[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48205-48206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17332]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA322]


Fisheries Off West Coast States; Highly Migratory Fisheries; 
Exempted Fishing Permit To Fish With Longline Gear in the West Coast 
Exclusive Economic Zone

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

ACTION: Notice of intent to prepare an Environmental Impact Statement; 
announcement of public scoping period and request for comments.

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SUMMARY: NMFS announces its intent to prepare an Environmental Impact 
Statement (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 issue an Exempted Fishing Permit 
(EFP), on the human (biological, physical, social, and economic) 
environment. This notice of intent to prepare an EIS invites interested 
parties to provide comments on alternatives to be considered in an EIS, 
potential terms and conditions to minimize adverse effects to the 
environment, 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 September 9, 2020. Comments must be received by 5 p.m. Pacific 
Daylight Time (PDT) on September 9, 2020. Public comments will also be 
accepted during a webinar scheduled for 10 a.m. to 12 p.m. PDT, August 
27, 2020. Please notify Amber Rhodes (see FOR FURTHER INFORMATION 
CONTACT, below) by August 21, 2020, if you plan to attend the webinar. 
Instructions for connecting or calling into the webinar will be posted 
at: www.fisheries.noaa.gov/west-coast/laws-and-policies/west-coast-region-national-environmental-policy-act-documents. Accommodations for 
persons with disabilities are available; accommodation requests should 
be directed to Amber Rhodes at least 10 working days prior to the 
webinar.

ADDRESSES: You may submit comments on the scope of this EIS by any of 
the following methods: Submit electronic public comments via the 
Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0103.
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
--OR--
    Email written comments to [email protected]. Include the identifier 
``NOAA-NMFS-2020-0103'' 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. 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).

FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, 562-980-3231, 
[email protected] or Lyle Enriquez, NMFS, 562-980-4025, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 2015, the Pacific Fishery Management Council (hereafter, the 
Council) recommended that NMFS issue an EFP authorizing the applicants 
to engage fish with longline gear within the Exclusive Economic Zone 
(EEZ). When soliciting requests for EFP proposals, the Council's 
objective was to test gear types or methods that could serve as an 
alternative to using drift gillnet (DGN) gear to catch swordfish in the 
U.S. West Coast EEZ, or to test different approaches to contemporary 
DGN fishing practices. DGN and harpoon are the only two gear types 
currently authorized under the Fishery Management Plan (FMP) for U.S. 
West Coast Fisheries for Highly Migratory Species (HMS FMP); of the 
two, DGN contributes the majority of the landings to the West Coast. 
Since 1985, U.S. West Coast swordfish catch has dramatically declined. 
This is in large part due to attrition in the DGN fleet. Additionally, 
the state of California has developed a DGN ``permit transition 
program'' that is expected to further reduce participation in this 
fleet and is designed to limit the duration of current participants' 
DGN fishing practices. Without other lawful, economically viable gear 
types, the U.S. West Coast swordfish fishery is unlikely to operate at 
optimum yield into the foreseeable future.
    According to applicable Federal regulations, a NMFS Regional 
Administrator may authorize ``for limited testing, public display, data 
collection, exploratory, health and safety, environmental cleanup, and/
or hazard removal purposes, the target or incidental harvest of species 
managed under an FMP or fishery regulations that would otherwise be 
prohibited'' (50 CFR 600.745(b)). Issuance of an EFP provides such 
authorization.
    On April 29, 2019, NMFS issued an EFP, which was signed by the 
applicants and became valid in June of 2019 (84 FR 20108, May 8, 2019), 
for two vessels to target swordfish and other HMS using shallow-set 
longline (SSLL) and deep-set longline (DSLL) gear in the West Coast EEZ 
off California and Oregon. NMFS had completed a final Environmental 
Assessment (EA) and Finding of No Significant Impact (FONSI) on April 
19, 2019, which found that the impacts of this EFP on the human 
environment were not significant under the terms of NEPA. Also, on July 
11, 2018, NMFS had completed an Endangered Species Act (ESA) Section 7 
consultation which had concluded that the fishing activities authorized 
under the EFP were not likely to jeopardize the continued existence of 
ESA-listed species, or result in the destruction or adverse 
modification of critical habitat. Issuance of this EFP was followed by 
litigation in the United States District Court for the Northern 
District of California, in which the plaintiffs alleged, among other 
claims, that NMFS had not used the best scientific information 
available (BSIA) in its NEPA analysis or ESA Section 7 consultation, 
and that as a result, NMFS' issuance of the EFP violated both NEPA and 
the ESA. Center for Biological Diversity, et al. v. Ross, et al., 4:19-
cv-03135-KAW (N.D. Cal.). On December 20, 2019, the Court ruled in 
favor of the plaintiffs, and vacated and set aside the EFP, EA and 
FONSI, and 2018 Biological Opinion. No SSLL or DSLL fishing activity 
occurred within the West Coast EEZ under the EFP since the Court's 
ruling.
    NMFS is reviewing options and additional data for re-analyzing the 
impacts of this EFP with respect to ESA and NEPA. Other than acquiring 
gear and landings permits and fishing licenses to fish waters off 
California and Oregon, there are no other permits, licenses, or 
entitlements needed to conduct the proposed action.

Purpose and Need for the Proposed Action

    The purpose of EFPs is to allow fishing practices that are new to a

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fishery and not otherwise permitted under a FMP. For example, EFP 
trials to fish for swordfish with deep-set buoy gear led to a Council 
recommendation to NMFS to authorize the gear. However, it remains 
unclear whether deep-set buoy gear will be an economically feasible 
substitute for DGN, which is used to harvest both swordfish and other 
marketable highly migratory species. The specific purpose of this EFP 
is to allow exploratory longline fishing to gauge impacts, determine 
whether this type of fishing is economically viable, and assess the 
type and extent of interactions with protected species and non-target 
finfish.
    The proposed action is needed because fishing with longline gear is 
currently prohibited in the West Coast EEZ under 50 CFR 660.712(a)(1) 
.This prohibition pre-dates gear and operational modifications in U.S. 
longline fisheries that have proven effective elsewhere for reducing 
protected species interactions, injuries, and mortalities (50 CFR 
665.812 and 665.815). Without testing potentially viable alternatives 
to fishing with DGN, the U.S. West Coast swordfish fishery is unlikely 
to operate at optimum yield into the foreseeable future.

Gear Configurations and Operations

    Longline gear is an umbrella term referring to two distinct gear 
configurations. These configurations include deep-set and shallow-set. 
DSLL is typically fished at depths of ~984 to 1,312 feet (~300 to 400 
meters (m) or deeper) and more commonly used to target tunas. SSLL is 
typically fished at less than 328 feet (<100 m depth) and more commonly 
used to target swordfish. The proposed action area for this EFP is the 
United States EEZ off California and Oregon.

Alternatives

    The range of alternatives includes a No Action alternative and 
reasonable action alternatives that meet the purpose and need. These 
action alternatives may differ in the limits set on sea turtles 
observed hooked, entangled, or killed during fishing under the EFP. 
Additionally, the action alternatives may differ in limits set on 
fishing activity (e.g., number of vessels, sets, or hooks, and time-
area constraints).

Terms and Conditions

    In addition to the loggerhead and leatherback sea turtle limits, 
the action alternatives will include terms and conditions to facilitate 
data collection and mitigate potential impacts of the EFP activities on 
the environment. The list of measures below includes a menu of terms 
and conditions that could apply to the action alternatives in the EIS.
    1. 100 percent observer coverage.
    2. EFP fishing trips limited to Federal waters only, and cannot co-
occur on trips that include fishing under alternative authorizations.
    3. Vessel monitoring systems installed and operating for all EFP 
activities.
    4. No transfer of fish to or from vessels operating under the EFP 
while at sea.
    5. No fishing within 50 nautical miles of the mainland shore and 
islands.
    6. No fishing within the Leatherback Critical Habitat area (77 FR 
4170, January 26, 2012).
    7. No fishing within the Southern California Bight.
    8. Restrictions on setting gear within the boundaries of the 
Pacific leatherback conservation area from August 15 through November 
15.
    9. Restrictions on EFP fishing in waters north of the Oregon/
California border.
    10. Gear and bait requirements (e.g., 50 CFR 665.812 and 665.813).
    11. Limits on bycatch (e.g., striped marlin).
    12. Requirement for setting SSLL at night.
    13. Seabird avoidance, protection, and handling measures (50 CFR 
660.712(c) and 50 CFR 660.21).
    14. Prior to making fishing sets, EFP operators will be required to 
consult the dynamic ocean modeling tool, EcoCast.
    15. Operators must participate in a NMFS-hosted workshop focused on 
compliance with terms and conditions of the EFP, including training on 
the use of EcoCast.
    16. Operators must possess on board a valid Pacific HMS permit (50 
CFR 666.707(a)).

Public Scoping Process

    The primary purpose of the scoping process is for the public to 
assist NMFS in developing the EIS. NMFS requests that the comments be 
specific. In particular, we request information regarding: Important 
issues; possible alternatives that meet the purpose and need; direct, 
indirect, and cumulative environmental impacts; and potential terms and 
conditions that may minimize adverse effects, including time or area 
restrictions or both to reduce environmental impacts. In addition to 
written public comments received during this scoping period and the 
comments received during the proposed webinar, NMFS will consider 
public comments and recommendations of the Council's advisory bodies 
related to the Council's recommendations to NMFS to approve the EFP 
between 2015 and 2019. In addition to those opportunities for public 
comment and the opportunities being provided with this notice, NMFS 
will also make a draft EIS for the proposed action available for public 
comment.

    Dated: August 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-17332 Filed 8-7-20; 8:45 am]
BILLING CODE 3510-22-P