8280 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

(b) Preservation, packaging, packing, 

marking and labeling of hazardous materials 

for export shipment outside the United States 

in all transport modes shall comply with the 

following, as applicable: 

(1) International Maritime Dangerous 

Goods (IMDG) Code as established by the 

International Maritime Organization (IMO). 

(2) U.S. Department of Transportation 

(DOT) Hazardous Material Regulation (HMR) 

49 CFR parts 171 through 180. (Note: 

Classifications permitted by the HMR, but 

not permitted by the IMDG code, such as 

Consumer Commodities classed as ORM–D 

shall be packaged in accordance with the 

IMDG Code and dual marked with both 

Consumer Commodity and IMDG marking 

and labeling.) 

(3) Occupational Safety and Health 

Administration (OSHA) Regulation 29 (CFR) 

part 1910.1200. 

(4) International Air Transport Association 

(IATA), Dangerous Goods Regulation and/or 

International Civil Aviation Organization 

(ICAO), Technical Instructions. 

(5) AFMAN 24–204, Air Force InterService Manual, Preparing Hazardous 

Materials For Military Air Shipments. 

(6) Any preservation, packaging, packing, 

marking and labeling requirements contained 

elsewhere in this solicitation and contract. 

(c) Preservation, packaging, packing, 

marking and labeling of hazardous materials 

for domestic shipments within the United 

States in all transport modes shall comply 

with the following; as applicable: 

(1) U.S. Department of Transportation 

(DOT) Hazardous Material Regulation (HMR) 

49, CFR parts 171 through 180. 

(2) Occupational Safety and Health 

Administration (OSHA) Regulation 29 CFR 

part 1910.1200. 

(3) Any preservation, packaging, packing, 

marking and labeling requirements contained 

elsewhere in this solicitation and contract. 

(d) Hazardous Material Packages 

designated for outside the United States 

destinations through Forwarding Points, 

Distribution Centers, or Container 

Consolidation Points (CCPs) shall comply 

with the IMDG, IATA, ICAO or AFMAN 24– 

204 codes, as applicable. 

(e) The test certification data showing 

compliance with performance-oriented 

packaging or UN approved packaging 

requirements shall be made available to GSA 

contract administration/management 

representatives or regulatory inspectors upon 

request. 

(End of clause) 

[FR Doc. 2015–03164 Filed 2–13–15; 8:45 am] 

BILLING CODE 6820–61–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 141222999–5114–01] 

RIN 0648–BE72 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Trawl Rationalization Program; 

Midwater Trawl Fishery Season Date 

Change 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action would implement 

revisions to the Pacific Coast 

Groundfish Trawl Rationalization 

Program affecting the limited entry 

midwater trawl fisheries managed under 

the Pacific Coast Groundfish Fishery 

Management Plan (FMP). This action 

would revise the Shorebased Individual 

Fishing Quota (IFQ) Program regulations 

to change the primary season opening 

date for the shorebased whiting fishery 

and the shorebased non-whiting 

midwater trawl fishery to May 15 north 

of 40°30′ N. lat. to the U.S./Canada 

border. This moves the season a month 

earlier off Washington and Oregon, and 

a month and half later off northern 

California (north of 40°30′ N. lat.), 

increasing consistency in the season 

start date along the coast and between 

the shorebased and at-sea midwater 

trawl fleets. 

DATES: Comments on this proposed rule 

must be received on or before March 19, 

2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2015–0016, 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-2015- 

0016, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

William W. Stelle, Jr., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; Attn: Jamie 

Goen. 

• Fax: 206–526–6426; Attn: Jamie 

Goen. 

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 will 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 will 

be publicly accessible. 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, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen, 206–526–4656; 

jamie.goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In January 2011, NMFS implemented 

a trawl rationalization program, a type 

of catch share program, for the Pacific 

coast groundfish fishery’s trawl fleet. 

The program was adopted through 

Amendment 20 to the FMP and consists 

of three sectors: An IFQ program for the 

shorebased trawl fleet (including vessels 

targeting whiting and non-whiting with 

midwater trawl gear); and cooperative 

(coop) programs for the at-sea 

mothership (MS) and catcher/processor 

(C/P) trawl fleets (whiting only). 

Since implementation, the Pacific 

Fishery Management Council (Council) 

and NMFS have been working to 

implement additional regulatory 

changes to further improve the trawl 

rationalization program and respond to 

industry requests. Changing the 

midwater trawl fishery season date 

would further increase consistency in 

the season start date along the coast and 

between the shorebased and at-sea 

midwater trawl fleets. This rule would 

revise the Shorebased IFQ Program 

regulations to change the primary 

season opening date for the midwater 

trawl fishery (whiting and non-whiting) 

to May 15 north of 40°30′ N. lat. to the 

U.S./Canada border. This would move 

the season a month earlier off 

Washington and Oregon and a month 

and half later off northern California 

(north of 40°30′ N. lat.). 

The Council discussed the season 

date change at its March and April 2012 

meetings, with final Council 

recommendations to NMFS during the 

September 2012 Council meeting. In 

addition, NMFS received further 


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clarification on these issues from the 

Council at its November 2014 meeting. 

Evolution of Seasons 

While this action would affect the 

season start date for shorebased 

midwater trawl fisheries that target 

whiting or other groundfish (‘‘nonwhiting’’), historically the season start 

dates were for midwater fisheries 

targeting whiting. However, since 2011 

and the start of the trawl rationalization 

program, the Pacific whiting start date 

applies to the use of all midwater trawl 

gear regardless of the target species. In 

1991, foreign fishing in U.S. waters 

ended and whiting became a fully 

domestic fishery with both at-sea and 

shorebased vessels. The season started 

on January 1 but fishing did not start 

until late spring when the fish were 

more available. In 1992, the season start 

date was set at April 15. In 1996, the atsea sectors (mothership and catcher/

processor) and the shorebased sector 

north of 42° N. lat. (northern fishery off 

Washington and Oregon) all started on 

May 15, the shorebased sector between 

42° and 40°30′ N. lat. (central fishery off 

northern California) started on March 1, 

and the shorebased sector south of 

40°30′ N. lat. (southern fishery off 

central and southern California) 

continued to start on April 15. Since 

1997, the whiting seasons have started 

as follows: May 15 for the at-sea sectors, 

June 15 for the northern shorebased 

sector, April 1 for the central shorebased 

sector, and April 15 for the southern 

shorebased sector. 

The 1997 delay in the season start 

date for the northern shorebased fishery 

to June 15 allowed shorebased vessels to 

deliver whiting to at-sea motherships for 

a full month or until the at-sea 

allocation was met and then to switch 

their delivery strategy to shorebased 

facilities until the shorebased allocation 

was met for the year. The delay for the 

northern shorebased fishery from May 

15 to June 15 also allowed shorebased 

vessels to complete their May–June DTS 

(Dover sole, thornyhead, sablefish 

complex) cumulative limits before the 

start of the whiting fishery (it was not 

permissible to land more than 60 

percent of the DTS limit in a particular 

month). The shift from a May 15 to a 

June 15 opening (and from March 1 to 

April 1 for the central area) was 

expected to allow the whiting to grow 

to a larger size prior to harvest. These 

date changes also affected bycatch of 

other species caught with midwater 

trawl gear. Bycatch rates of rockfish 

were expected to increase with the later 

northern start date because more of the 

whiting stock biomass would be in 

northern areas, where rockfish such as 

yellowtail and widow are more 

available to midwater gear. Bycatch of 

salmon was expected to be difficult to 

predict, but presumed to be lower in the 

summer months for the shorebased 

fishery and higher later in the year for 

the at-sea fishery. 

The 1997 season date change also 

included an allocation decision to limit 

the California fisheries to taking a total 

of 5 percent of the shorebased allocation 

prior to the start of the northern fishery 

to prevent further expansion in that 

area. In addition to modifying the 

season dates and establishing a 

California early season allocation, the 

1997 action also established a 

framework in the regulations for 

modifying the season opening dates on 

an annual basis (50 CFR 660.131(b)(2)). 

This action to change the northern and 

central shorebased season start dates for 

midwater fisheries (whiting and nonwhiting) to May 15 would not change 

the framework regulation at 

§ 660.131(b)(2) nor would it change the 

California early season allocation, other 

than to limit it to the southern 

shorebased fishery. 

Re-Emerging Non-Whiting Midwater 

Trawl Fishery 

Prior to 2001, a shorebased midwater 

trawl fishery existed, primarily targeting 

widow, yellowtail, and chilipepper 

rockfishes. In 2001 and 2002, catches in 

the non-whiting midwater fishery were 

drastically reduced by management 

measures to protect widow and other 

overfished rockfish. Widow rockfish 

was declared overfished in 2001, 

reducing the amount that could be 

harvested to bycatch. In addition, large 

coastwide closed areas, called rockfish 

conservation areas, were implemented 

in 2002 to reduce the catch of several 

overfished rockfish species. These 

changes eliminated the shorebased nonwhiting midwater trawl fishery. Since 

implementation of the trawl 

rationalization program in 2011 and the 

declaration of widow rockfish as rebuilt, 

there are increasing opportunities for 

non-whiting midwater trawl fisheries. 

With implementation of the trawl 

rationalization program, the regulatory 

distinctions between the shorebased 

whiting and the non-whiting fishery 

were blurred. The season start date for 

the whiting fishery was interpreted to 

apply to all midwater fishing (whiting 

and non-whiting). The season date 

change in this action would also affect 

the non-whiting midwater trawl fishery. 

Expected Impacts 

Changing the season opening date for 

the midwater trawl fishery (whiting and 

non-whiting) to May 15 north of 40°30′ 

N. lat. to the U.S./Canada border would 

move the season a month earlier off 

Washington and Oregon, and a month 

and half later off northern California 

(north of 40°30′ N. lat.). This action 

would not change the areas open to 

groundfish fishing or the total amount of 

groundfish available for harvest, but it 

would shift when those fish can be 

caught. A single coastwide opening 

north of 40°30′ N. lat. would simplify 

the regulations. This change would 

align the northern and central 

shorebased fisheries with the at-sea 

fisheries, increase flexibility for the 

northern shorebased fishery, and 

equalize opportunity among most of the 

midwater sectors (except the southern 

shorebased fishery which would remain 

at April 15). With implementation of the 

trawl rationalization program in 2011, it 

is no longer necessary to stagger seasons 

in the whiting fishery to increase access 

to groundfish. While moving the season 

start date for the central shorebased 

fishery would result in a shortened 

season for the central area, no impact to 

this fishery is expected because there 

has not been harvest in northern 

California since implementation of the 

trawl rationalization program. 

In addition to the expected impacts 

on groundfish, NMFS must also 

consider the impacts on salmon. 

Salmon, predominately Chinook, are 

caught as bycatch in groundfish 

midwater trawl fisheries. Some of the 

Chinook caught with midwater trawl 

gear are listed as endangered or 

threatened under the Endangered 

Species Act (ESA). NMFS considered 

the effects of ongoing implementation of 

the groundfish FMP on listed salmonid 

species in a biological opinion issued on 

December 15, 1999. That opinion noted 

that steelhead, sockeye, and cutthroat 

trout are rarely, if ever, encountered in 

the groundfish fishery. Coho and chum 

are caught in relatively low numbers in 

the whiting fishery with average catch 

per year coastwide on the order of tens 

to a few hundred fish and in the bottom 

trawl fishery on the order of tens of fish 

per year. The 1999 opinion focused on 

bycatch of Chinook salmon, which 

comprises the largest portion of 

salmonid bycatch in the whiting fishery. 

The 1999 opinion determined that the 

fishery was not likely to jeopardize any 

of the ESA-listed Chinook and provided 

an incidental take statement estimating 

that total Chinook bycatch (listed and 

unlisted fish) for the whiting fishery 

(MS, C/P, shorebased, and tribal 

combined), would likely be 11,000 

Chinook per year or 0.05 fish per metric 

ton (mt) of whiting catch. The 1999 

opinion indicated consultation must be 

reinitiated if Chinook bycatch rates 


tkelley on DSK3SPTVN1PROD with PROPOSALS
8282 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

exceed these amounts. For the bottom 

trawl fishery, the 1999 biological 

opinion estimated that 6,000 to 9,000 

Chinook salmon would be taken 

annually. The biological opinion 

concluded that if the bottom trawl 

fishery changes substantially in 

magnitude or character or if bycatch 

exceeds 9,000 Chinook, consultation 

must be reinitiated. 

In 2013, NMFS reinitiated section 7 

consultation on the FMP to address the 

effects on salmonids caused by the reemerging use of midwater trawl gear to 

target non-whiting groundfish species 

such as yellowtail and widow rockfish. 

The request was made due to the 

evolution of the trawl fishery under the 

trawl rationalization framework and 

improving conditions for species such 

as widow rockfish that were expected to 

change the characteristics of the fishery. 

In addition, West Coast Groundfish 

Observer Program data reports showed 

new estimates of Chinook and coho 

salmon bycatch in the nearshore fixed 

gear fisheries (open access and limited 

entry fisheries), limited entry sablefish 

fishery, and open access California 

Halibut fishery. In October 2014, the 

whiting fishery exceeded the 11,000 

Chinook and 0.05 Chinook salmon/mt 

whiting reinitiation triggers stated in the 

1999 biological opinion. Given this, 

NMFS determined that the reinitiation 

should address the effects on listed 

salmonids of all fishing under the FMP. 

In the interim, NMFS will be 

monitoring the take of salmon inseason 

and expects industry to take measures to 

reduce salmon bycatch, if needed. All 

midwater trawl fisheries have 100 

percent monitoring and are required to 

track the catch of prohibited and 

protected species, such as salmon. 

NMFS and the Council estimated the 

bycatch of Chinook in 2015 based on the 

amount of target species (whiting, 

widow, and yellowtail rockfish) 

available to harvest. While the allowable 

harvest amounts for these target species 

will not be determined until the spring, 

they are expected to increase in 2015 

and 2016. However, catch of salmon in 

groundfish trawl fisheries is highly 

variable from year to year, including in 

years when the season was as early as 

April 15 and as late as June 15. For 

salmon listed under the ESA, NMFS 

expects the bycatch of Chinook to 

remain within the amounts considered 

in the 1999 biological opinion for all 

groundfish trawl fisheries combined 

(20,000 Chinook) even if harvest limits 

for target groundfish species increases. 

For more information, see the draft 

environmental assessment at the Web 

site provided or the ESA information 

listed in the Classification section of 

this preamble. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

MSA, the NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Pacific Coast Groundfish FMP, other 

provisions of the MSA, and other 

applicable law, subject to further 

consideration after public comment. 

The Council prepared an 

environmental assessment (EA) for this 

action. The draft EA is available on the 

Council’s Web site at http://

www.pcouncil.org/ or on NMFS’ Web 

site at http://www.nwr.noaa.gov/

Groundfish-Halibut/Groundfish-FisheryManagement/Trawl-Program/index.cfm. 

Pursuant to the procedures 

established to implement section 6 of 

Executive Order 12866, the Office of 

Management and Budget has 

determined that this proposed rule is 

not significant. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). 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 are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

Regulatory Impact Review (RIR) was 

also prepared on the action and is 

included as part of the IRFA. A copy of 

the IRFA is available from NMFS (see 

ADDRESSES) and a summary of the IRFA, 

per the requirements of 5 U.S.C. 604(a) 

follows: 

As described above, this action would 

revise the Shorebased IFQ Program 

regulations to change the primary 

season opening date for the whiting and 

non-whiting midwater trawl fisheries to 

May 15 north of 40°30′ N. lat. to the 

U.S./Canada border. This would move 

the season a month earlier off 

Washington and Oregon, and a month 

and half later off northern California 

(north of 40°30′ N. lat.), increasing 

consistency in the season start date 

along the coast and between the 

shorebased and at-sea midwater trawl 

fleets. 

This action would affect shorebased 

midwater trawlers in the trawl 

rationalization program and the 

processors that receive their product. 

During the 2011 to 2014 period, 30 

midwater trawl vessels delivered to 10 

shoreside processing plants in this 

fishery. Some vessels share common 

ownership, other vessels are owned by 

processing companies, and some 

companies own multiple processing 

plants. After accounting for these 

relationships, there are 26 entities that 

have participated in the fishery, 22 of 

which are small entities, based on 

NMFS’ review of available information. 

The alternatives considered changing 

the season start date for the northern 

fishery, off Washington and Oregon 

from 42° N. lat. to the U.S./Canada 

border, from June 15 to May 15 and for 

the central fishery, off northern 

California from 40′30 N. lat. to 42° N. 

lat., from April 1 to May 15. The April 

15 start data for the southern fishery, 

south of 40°30′ N. lat., would remain 

unchanged. 

Under the Action Alternative (May 15 

season start from 40°30′ N. lat. to the 

U.S./Canada border), the same amount 

of whiting and non-whiting groundfish 

species will be available for harvest 

using midwater trawl gear as under the 

No Action Alternative (April 1 between 

40°30′ N. lat. to 42° N. lat., June 15 from 

42° N. lat. to the U.S./Canada border). 

The proposed season opening date 

change will give fishers in the northern 

fishery greater flexibility in maximizing 

net operating profits and social benefits 

from fixed amounts of fish (for which 

quota share is required to cover 

impacts), thus a positive change in 

impact to the harvest sector is projected 

under the Action Alternative compared 

to the No Action Alternative. No change 

in impact is expected in the central 

fishery in the near term under the 

Action Alternative because the fishery 

in that area has been inactive with the 

Shorebased IFQ Program in place. 

The main impact to the harvest sector 

from the Action Alternative, (as 

compared to the No Action Alternative) 

in the northern fishery will be to 

increase the flexibility that individual 

vessel operators have in using their IFQ 

with midwater gear by adding one 

month to the duration of their season. 

This additional time in the northern 

fishery should allow vessels and 

processors more opportunity to adjust 

their operations to changing market 

conditions and to changes in other 

fisheries. Increasing the time available 

to fish in the northern fishery may lead 

to increased harvests. During 2014, the 

total IFQ fishery (fixed gear, midwater, 

and bottom trawl) left 1.6 million lbs of 

chilipepper rockfish (70% of the total 

IFQ quota), 46 million lbs of Pacific 

whiting (17%), 750,000 lbs of widow 

rockfish (37%), and 3.9 million lbs of 

yellowtail rockfish (60%) unharvested. 

Increasing the time available to fish in 

the northern fishery may allow 

fishermen and processors to adjust their 

operations to increase participation in 


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other fisheries such as the crab, shrimp, 

or mothership fishery for whiting. One 

of the reasons for the staggered opening 

(May 15 for at-sea and June 15 for 

shorebased) was to reduce the conflict 

between the catcher vessels fishing for 

motherships and those in the 

shorebased fishery. Both fisheries were 

managed through season closures, 

which resulted in a race for fish (as 

‘‘derby’’ fisheries). The trawl 

rationalization program, however, 

reserves for each quota holder a specific 

amount of fish, eliminating the race for 

fish and reducing the potential for 

conflicting opportunities. With the trawl 

rationalization program in place, a 

common opening date for these fisheries 

would not force quota holders to choose 

between them (i.e. participation in one 

fishery would not preclude 

participation in the other). The 

mothership is now managed by a single 

coop that plans participation preseason. 

Increasing the season length may allow 

the co-op to consider allowing 

alternative vessels to participate in the 

coop. 

With an increase in the fishing 

season, the number of shorebased 

processors and vessels participating in 

the fishery are not expected to change. 

The midwater fishery is predominantly 

a Pacific whiting fishery where major 

investments in equipment would be 

needed by a processor to enter the 

fishery. Vessels participation is also not 

expected to change. Given that large 

portions of the IFQ allocations are 

unharvested, improvements in the basic 

markets for midwater trawl species will 

determine participation. Changing the 

season length will provide increased 

opportunities to take advantage of these 

improvements. 

In summary, an extended shorebased 

season will increase the choices 

available for the northern fishery (off 

Oregon and Washington), providing an 

opportunity to improve business 

decisions and potential profits from the 

fishery. For the central fishery, there 

would be a contraction in flexibility to 

harvest from April 1 to May 15. 

Reducing the season in the central 

fishery may have a chilling effect on the 

potential growth in the fishery. 

However, data for 2011 through 2014 

shows no midwater trawl gear harvest is 

occurring in this area under the IFQ 

program. 

NMFS believes this rule, if finalized 

in this form, would not have a 

significant difference in impacts when 

comparing small versus large businesses 

in terms of disproportionality and 

profitability, given available 

information. Through this rulemaking 

process, we are specifically requesting 

comments on this conclusion. 

There are no Federal reporting and 

recordkeeping requirements associated 

with this action. There are no relevant 

Federal rules that may duplicate, 

overlap, or conflict with this action. 

NMFS issued Biological Opinions 

under the Endangered Species Act 

(ESA) on August 10, 1990, November 

26, 1991, August 28, 1992, September 

27, 1993, May 14, 1996, and December 

15, 1999 pertaining to the effects of the 

Groundfish FMP fisheries on Chinook 

salmon (Puget Sound, Snake River 

spring/summer, Snake River fall, upper 

Columbia River spring, lower Columbia 

River, upper Willamette River, 

Sacramento River winter, Central Valley 

spring, California coastal), coho salmon 

(Central California coastal, southern 

Oregon/northern California coastal), 

chum salmon (Hood Canal summer, 

Columbia River), sockeye salmon (Snake 

River, Ozette Lake), and steelhead 

(upper, middle and lower Columbia 

River, Snake River Basin, upper 

Willamette River, central California 

coast, California Central Valley, south/

central California, northern California, 

southern California). These biological 

opinions have concluded that 

implementation of the FMP is not 

expected to jeopardize the continued 

existence of any endangered or 

threatened species under the 

jurisdiction of NMFS, or result in the 

destruction or adverse modification of 

critical habitat. 

NMFS issued a Supplemental 

Biological Opinion on March 11, 2006, 

concluding that neither the higher 

observed bycatch of Chinook in the 

2005 whiting fishery nor new data 

regarding salmon bycatch in the 

groundfish bottom trawl fishery 

required a reconsideration of its prior 

‘‘no jeopardy’’ conclusion. NMFS also 

reaffirmed its prior determination that 

implementation of the FMP is not likely 

to jeopardize the continued existence of 

any of the affected ESUs. Lower 

Columbia River coho (70 FR 37160, June 

28, 2005) and Oregon Coastal coho (73 

FR 7816, February 11, 2008) were 

relisted as threatened under the ESA. 

The 1999 biological opinion concluded 

that the bycatch of salmonids in the 

Pacific whiting fishery were almost 

entirely Chinook salmon, with little or 

no bycatch of coho, chum, sockeye, and 

steelhead. 

NMFS has reinitiated section 7 

consultation on the Pacific Coast 

Groundfish FMP with respect to its 

effects on listed salmonids. In the event 

the consultation identifies either 

reasonable and prudent alternatives to 

address jeopardy concerns, or 

reasonable and prudent measures to 

minimize incidental take, NMFS would 

coordinate with the Council to put 

additional alternatives or measures into 

place, as required. After reviewing the 

available information, NMFS has 

concluded that, consistent with sections 

7(a)(2) and 7(d) of the ESA, this action 

will not jeopardize any listed species, 

would not adversely modify any 

designated critical habitat, and will not 

result in any irreversible or irretrievable 

commitment of resources that would 

have the effect of foreclosing the 

formulation or implementation of any 

reasonable and prudent alternative 

measures. 

On December 7, 2012, NMFS 

completed a biological opinion 

concluding that the groundfish fishery 

is not likely to jeopardize non-salmonid 

marine species, including listed 

eulachon, the southern distinct 

population segment (DPS) of green 

sturgeon, humpback whales, the eastern 

DPS of Steller sea lions, and leatherback 

sea turtles. The opinion also concluded 

that the fishery is not likely to adversely 

modify critical habitat for green 

sturgeon and leatherback sea turtles. An 

analysis included in the same document 

as the opinion concludes that the 

fishery is not likely to adversely affect 

green sea turtles, olive ridley sea turtles, 

loggerhead sea turtles, sei whales, North 

Pacific right whales, blue whales, fin 

whales, sperm whales, Southern 

Resident killer whales, Guadalupe fur 

seals, or the critical habitat for Steller 

sea lions. Since that biological opinion, 

the eastern DPS of Steller sea lions was 

delisted on November 4, 2013 (78 FR 

66140); however, this delisting did not 

change the designation of the codified 

critical habitat for the eastern DPS of 

Steller sea lions. On January 21, 2013, 

NMFS informally consulted on the 

fishery’s effects on eulachon to consider 

whether the 2012 opinion should be 

reconsidered for eulachon in light of 

new information from the 2011 fishery 

and the proposed chafing gear 

modifications. NMFS determined that 

information about bycatch of eulachon 

in 2011 and chafing gear regulations did 

not change the effects that were 

analyzed in the December 7, 2012 

biological opinion, or provide any other 

basis to reinitiate consultation. 

On November 21, 2012, the U.S. Fish 

and Wildlife Service (FWS) issued a 

biological opinion concluding that the 

groundfish fishery will not jeopardize 

the continued existence of the shorttailed albatross. The FWS also 

concurred that the fishery is not likely 

to adversely affect the marbled murrelet, 

California least tern, southern sea otter, 

bull trout, nor bull trout critical habitat. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
8284 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Proposed Rules 

West Coast pot fisheries for sablefish 

are considered Category II fisheries 

under the Marine Mammal Protection 

Act (MMPA), indicating occasional 

interactions. All other West Coast 

groundfish fisheries, including the trawl 

fishery, are considered Category III 

fisheries under the MMPA, indicating a 

remote likelihood of or no known 

serious injuries or mortalities to marine 

mammals. MMPA section 101(a)(5)(E) 

requires that NMFS authorize the taking 

of ESA-listed marine mammals 

incidental to U.S. commercial fisheries 

if it makes the requisite findings, 

including a finding that the incidental 

mortality and serious injury from 

commercial fisheries will have a 

negligible impact on the affected species 

or stock. As noted above, NMFS 

concluded in its biological opinion for 

the 2012 groundfish fisheries that these 

fisheries were not likely to jeopardize 

Steller sea lions or humpback whales. 

The eastern distinct population segment 

of Steller sea lions was delisted under 

the ESA on November 4, 2013 (78 FR 

66140). On September 4, 2013, based on 

its negligible impact determination 

dated August 28, 2013, NMFS issued a 

permit for a period of three years to 

authorize the incidental taking of 

humpback whales by the sablefish pot 

fishery (78 FR 54553). This proposed 

rule was developed after meaningful 

collaboration, through the Council 

process, with the tribal representative 

on the Council. The proposed 

regulations have no direct effect on the 

tribes; these proposed regulations were 

deemed by the Council as ‘‘necessary or 

appropriate’’ to implement the FMP as 

amended. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

fisheries. 

Dated: February 10, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated in the 

preamble, 50 CFR part 660 is proposed 

to be amended as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 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. 

■ 2. In § 660.131, revise paragraph 

(b)(2)(iii)(C) to read as follows: 

§ 660.131 Pacific whiting fishery 

management measures. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) * * * 

(C) Shorebased IFQ Program. The 

start of the Shorebased IFQ Program 

primary whiting season is: 

(1) North of 40°30′ N. lat.—May 15; 

(2) South of 40°30′ N. lat.—April 15. 

* * * * * 

[FR Doc. 2015–03079 Filed 2–13–15; 8:45 am] 

BILLING CODE 3510–22–P 


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