[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Notices]
[Pages 3222-3224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00918]
[[Page 3222]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD674
Fisheries of the Exclusive Economic Zone off Alaska; Application
for an Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for exempted fishing permit.
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SUMMARY: This notice announces receipt of an exempted fishing permit
(EFP) application from the Alaska Seafood Cooperative (AKSC). If
granted, this permit would allow AKSC to evaluate how often vessels use
alternate halibut handling methods designed to reduce halibut
mortality, when the alternate methods are available as an option.
Operators from AKSC nonpelagic trawl vessels would remove halibut from
a codend on the deck, and release those fish back to the water in a
timely manner to increase survivability. These halibut would be sampled
by trained sea samplers for length and physical condition using
standard International Pacific Halibut Commission (IPHC) halibut
mortality assessment methodology. This experiment has the potential to
promote the objectives of the Magnuson-Stevens Fishery Conservation and
Management Act and the Pacific Halibut Act.
DATES: Comments on this EFP application must be submitted to NMFS by 5
p.m. A.S.T., February 11, 2015. The North Pacific Fishery Management
Council (Council) will consider the application at its meeting from
February 2, 2015, to February 11, 2015 in Seattle, WA.
ADDRESSES: The Council meeting will be held at the Renaissance Hotel
515 Madison Street, Seattle, WA 98104. The agenda for the Council
meeting is available at http://legistar2.granicus.com/npfmc/meetings/2015/2/918_A_North_Pacific_Council_15-02-02_Meeting_Agenda.pdf. You may
submit comments on this document, identified by NOAA-NMFS-2014-0162, 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-2014-0162, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Address 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.
Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments 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) 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). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
Copies of the EFP application and the basis for a categorical
exclusion under the National Environmental Policy Act are available
from the Alaska Region, NMFS Web site at http://alaskafisheries.noaa.gov/.
The June, 2014 International Halibut Commission (IPHC) Report is
available from the North Pacific Fishery Management Council Web site at
http://npfmc.org.
FOR FURTHER INFORMATION CONTACT: Jeff Hartman, 907-586-7442.
SUPPLEMENTARY INFORMATION: NMFS manages the domestic groundfish
fisheries in the Bering Sea and Aleutian Islands management area (BSAI)
under the Fishery Management Plan for Groundfish of the BSAI Management
Area (FMP), which the Council prepared under the Magnuson-Stevens
Fishery Conservation and Management Act. Regulations governing the BSAI
groundfish fisheries appear at 50 CFR parts 600 and 679. The FMP and
the implementing regulations at Sec. 600.745(b) and Sec. 679.6 allow
the NMFS Regional Administrator to authorize, for limited experimental
purposes, fishing that would otherwise be prohibited. Procedures for
issuing EFPs are contained in the implementing regulations.
The International Pacific Halibut Commission (IPHC) and NMFS manage
fishing for Pacific halibut (Hippoglossus stenolepis) through
regulations established under the authority of the Convention between
the United States and Canada for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea (Convention) and
the Northern Pacific Halibut Act of 1982 (Halibut Act). The IPHC
promulgates regulations pursuant to the Convention. The IPHC's
regulations are subject to approval by the Secretary of State with
concurrence from the Secretary of Commerce (Secretary).
Background
Regulations implemented by the IPHC allow Pacific halibut to be
commercially harvested by the directed North Pacific longline fishery.
Halibut is a prohibited species in the groundfish fishery, requiring
immediate return to the sea with a minimum of injury. Halibut caught
incidentally by catcher/processors in the nonpelagic trawl groundfish
fisheries must be weighed on a NMFS-approved scale, sampled by
observers, and returned to the ocean as soon as possible. The Council
establishes annual maximum halibut bycatch allowances and seasonal
apportionments adjusted by an estimated halibut discard mortality rate
(DMR) for groundfish fisheries. The DMRs are based on the best
information available, including information contained in the annual
Stock Assessment and Fishery Evaluation report, available at, http://www.alaskafisheries.noaa.gov/. NMFS approves the halibut DMRs developed
and recommended by the IPHC and the Council for the BSAI groundfish
fisheries for use in monitoring the halibut bycatch allowances and
seasonal apportionments. The IPHC developed these DMRs for the BSAI
groundfish fisheries using the 10-year mean DMRs for those fisheries.
Directed fishing in a groundfish fishery closes when it reaches the
halibut mortality apportionment for the fishery, even if the target
species catch is less than the seasonal or annual quota for the
directed fishery. In the case of the Bering Sea flatfish fishery,
seasons have been closed before fishery quotas
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have been reached to prevent the fishery from reaching the halibut
mortality apportionment.
With the implementation of Amendment 80 to the FMP on September 14,
2007 (72 FR 52668), halibut mortality apportionments were established
for the Amendment 80 sector and for Amendment 80 cooperatives.
Amendment 80 is a catch share program established in 2007 to allocate
several BSAI non-pollock trawl groundfish fisheries (including the
flatfish fishery) among fishing sectors, and facilitate the formation
of harvesting cooperatives in the non-American Fisheries Act (AFA)
trawl catcher/processor sector. Though halibut mortality allocations
provide Amendment 80 cooperatives more flexibility to use available
mortality, halibut mortality continues to constrain fishing in some
Amendment 80 fisheries. Therefore, this sector is actively exploring
ways to continue to reduce halibut mortality.
Before incidentally-caught halibut are returned to the sea, at-sea
observers must estimate halibut and groundfish catch amounts.
Regulations in 50 CFR part 679 assure that observer halibut and
groundfish estimates are credible and accurate, and that potential bias
is minimized. For example, NMFS requires that all catch be made
available for sampling by an observer; prohibits tampering with
observer samples; prohibits removal of halibut from a cod end, bin, or
conveyance system prior to being observed and counted by an at-sea
observer; and prohibits fish (including halibut) from remaining on deck
unless an observer is present.
In 2009 and 2012, halibut mortality experiments were conducted by
members of the Amendment 80 sector under EFP 09-02 (74 FR 12113, March
23, 2009) and EFP 12-01 (76 FR 70972, November 16, 2011). By
regulation, all catch including halibut is moved across a flow scale
below deck before the halibut is returned to the sea. Halibut mortality
increases with increased handling and time out of water. Under EFP 09-
02 and 12-01, experimental methods for sorting catch on a vessel's deck
allowed halibut to be returned to the sea in less time, with less
handling relative to halibut routed below deck and over the flow scale.
The halibut mortality during flatfish fishing under EFP 09-02 and EFP
12-01 was estimated to be approximately 17 mt and 10.8 mt,
respectively, less than the amounts estimated from the DMR for this
fishery. The reduced halibut mortality under EFP 09-02 and EFP 12-01 is
attributed to the improved condition of halibut through reduced
handling and time out of water.
Reducing halibut mortality is a high-priority management goal for
the IPHC, the Council, and NMFS. In June 2014, the Council received a
report from the IPHC about the impact of halibut bycatch in the
groundfish fisheries on the short- and long-term yields in the directed
halibut fishery. The IPHC report (see ADDRESSES) presented scenarios
under which increases in halibut bycatch or decreases in the
exploitable halibut biomass would result in no directed fishery yield
in IPHC Management Area 4CDE per the IPHC's harvest policy. At its June
2014 meeting, the Council passed a motion requesting all groundfish
industry sectors to undertake voluntary efforts to reduce halibut
mortalities in the BSAI resulting from halibut bycatch, as well as
discards in the directed fishery, by 10 percent from the current 5-year
average levels, through the 2014-15 fishing seasons. The Council also
encouraged NMFS to work closely with the Amendment 80 sector to develop
deck sorting procedures and technologies that could reduce halibut
mortalities with the eventual goal of implementing a full-scale
program.
On January 8, 2015, the Alaska Seafood Cooperative (an Amendment 80
cooperative) submitted an application for an EFP for 2015 to build on
the information collected in prior deck sorting EFPs to assist with
future full-scale implementation and to reduce halibut mortality in the
Amendment 80 sector. The primary objective is to test methods that
reduce halibut mortality in the Amendment 80 sector in IPHC Management
Area 4CDE in 2015.
Proposed Action
The experimental design for EFP 2012-01 allowed halibut to be
removed from the codend on two Amendment 80 sector vessels, and
standardized viability estimates were applied to the halibut returned
to the sea. EFP fishing on all vessels authorized under EFP 2012-01 was
conducted with two lead-level sea samplers and a dedicated EFP project
manager. For any fishing trip, EFP fishing could not be conducted as
the same time as regular commercial fishing, to minimize confusion
about groundfish catch and PSC estimates from observers versus sea
samplers. NMFS received an application from the AKSC to conduct a new
halibut mortality experiment in 2015. This EFP would expand on results
of EFP 2009-02 and EFP 2012-01 to explore the feasibility of deck
sorting halibut in additional target fisheries, on more vessels, and
during a longer interval of time during the fishing season. EFP results
would inform the operational practicality and cost of various fishing
and fish handling practices, and their effect on halibut mortality. The
EFP would allow researchers onboard catcher/processor vessels to sort
halibut removed from a codend on the deck of the vessel. Those sorted
halibut could be released back to the water after the halibut are
measured for length and tested for physical condition using standard
IPHC viability assessment methods.
The objectives for this EFP are to: (1) Assess the reduction in
halibut mortality when deck sorting is available as an optional catch
handling procedure; (2) evaluate the frequency of tows where deck
sorting is used relative to the existing catch handling procedures; (3)
evaluate the percentage of a participating vessel's halibut catch that
is sorted on deck; and (4) evaluate the utility of deck sorting in the
context of the rules and constraints of the EFP.
The applicant proposes to begin EFP fishing at the earliest
possible date in 2015, and end on December 31, 2015. The EFP would
allow halibut to be sorted, sampled, and released prior to being
weighed on a flow scale, to achieve the experimental objectives and
reduce halibut mortality. This EFP application requests an amount of
halibut for vessels engaged in experimental fishing not to exceed the
AKSC's 2015 halibut apportionment of 1,693 metric tons (mt). AKSC would
not exceed its annual halibut mortality apportionment.
The applicant would track the amount of halibut mortality for fish
sorted on deck to determine halibut mortality amounts from EFP-
permitted vessels. These amounts would reflect actual halibut mortality
amounts sampled during the experiment, and accrue against the EFP
halibut mortality limit, not to exceed 1,693 mt. Before the halibut
mortality limit is reached, the EFP permit holder would notify NMFS and
end EFP fishing. As required by existing regulations, Amendment 80
fishing will also cease when the annual halibut mortality apportionment
is reached.
This proposed action would exempt participating catcher/processors
from selected 50 CFR part 679 prohibitions, monitoring and observer
requirements. Should the Regional Administrator issue a permit based on
this EFP application, the conditions of the permit will be designed to
minimize halibut mortality, and any potential for biasing estimates of
groundfish and halibut mortality. Vessels participating in EFP
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fishing may be exempt from, at minimum, the following regulations:
1. The prohibition against interfering with or biasing the sampling
procedure employed by an observer including physical, mechanical, or
other sorting or discarding of catch before sampling, at Sec.
679.7(g)(2);
2. the requirements to weigh all catch by an Amendment 80 vessel on
a NMFS-approved scale at Sec. 679.28(b);
3. the requirement for all catch by an Amendment 80 vessel to be
made available for sampling by an observer at Sec. 679.93(c)(1); and
4. the regulations that prohibit fish from being allowed to remain
on deck unless an observer is present at Sec. 679.93(c)(5).
EFP 2015-02 would require sea samplers for monitoring and data
collection under the EFP. Sea samplers are NMFS-certified observers
that conduct activities under an EFP rather than normal observer
activities on an Amendment 80 vessel. In contrast with EFP 2012-01, the
applicant proposes to commence EFP fishing with one instead of two sea
samplers. This EFP would also allow for EFP fishing and regular
commercial fishing to occur during a single fishing trip. To ensure
that standards for catch accounting of target species, bycatch of
groundfish and PSC are sufficient, the EFP applicant proposes to: (1)
Provide advanced notification to NMFS and EFP staff of when deck
sorting will commence, (2) provide a pre-cruise briefing with observer
program staff, (3) phase-in electronic compliance monitoring on each
vessel permitted under this EFP, and (4) record halibut mortality from
the EFP in the catcher/processor elogbook.
In 2016, the AKSC would be required to submit to NMFS a report of
the EFP results after EFP experimental fishing has ended in 2015. The
report would include an estimate of halibut mortality from halibut
sampled during the EFP and an estimate of halibut mortality under
standard IPHC halibut mortality rates for those target fisheries.
Under the EFP, the AKSC would be limited to the AKSC's Amendment 80
groundfish allocation. The amount of halibut mortality accrued by the
AKSC and under the EFP would not exceed the AKSC's 1,693 mt halibut
mortality limit. The amount of halibut mortality applied to the EFP
activities would be subject to review and approval by NMFS.
This EFP would be valid upon issuance in 2015 until either the end
of 2015 or when the halibut mortality apportionment is reached in areas
of the BSAI open to directed fishing by the Amendment 80 cooperative.
EFP-authorized fishing activities would not be expected to change the
nature or duration of the groundfish fishery, gear used, or the amount
or species of fish caught by the Amendment 80 cooperative.
The fieldwork that would be conducted under this EFP is not
expected to have a significant impact on the human environment as
detailed in the categorical exclusion prepared for this action (see
ADDRESSES).
In accordance with Sec. 679.6, NMFS has determined that the
application warrants further consideration and has forwarded the
application to the Council to initiate consultation. The Council is
scheduled to consider the EFP application during its February 2015
meeting, which will be held at the Renaissance Hotel, Seattle. The EFP
application will also be provided to the Scientific and Statistical
Committee for review at the February Council meeting. The applicant has
been invited to appear in support of the application.
Public Comments
Interested persons may comment on the application at the February
2015 Council meeting during public testimony or until February 11,
2015. Information regarding the meeting is available at the Council's
Web site at http://alaskafisheries.noaa.gov/npfmc/council.htm. Copies
of the application and categorical exclusion are available for review
from NMFS (see ADDRESSES). Comments also may be submitted directly to
NMFS (see ADDRESSES) by the end of the comment period (see DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 15, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-00918 Filed 1-21-15; 8:45 am]
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