19034 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 141222999–5322–02] 

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: Final rule. 

SUMMARY: This action implements 

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 

revises the primary season-opening date 

for the Shorebased Individual Fishing 

Quota (IFQ) Program midwater trawl 

fishery (targeting both whiting and nonwhiting species) to May 15 north of 

40°30′ N. lat. to the U.S./Canada border. 

This moves the season a month earlier 

for waters off the coasts of Washington 

and Oregon, and a month and half later 

for waters off the coast of northern 

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

action increases consistency in the 

season start date along the coast and 

between the shorebased and at-sea 

midwater trawl fleets. 

DATES: Effective May 15, 2015. 

ADDRESSES: NMFS prepared a Final 

Regulatory Flexibility Analysis (FRFA), 

which is summarized in the 

Classification section of this final rule. 

NMFS also prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

for the proposed rule. Copies of the 

IRFA, FRFA and the Small Entity 

Compliance Guide are available from 

William W. Stelle, Jr., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; or by phone at 

206–526–6150. Copies of the Small 

Entity Compliance Guide are available 

on the West Coast Region’s 

Web site at http://

www.westcoast.fisheries.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen, 206–526–4656, 

jamie.goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Since implementing the trawl 

rationalization program in 2011, 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 will 

further increase consistency in the 

season start date along the coast and 

between the shorebased and at-sea 

midwater trawl fleets. This action 

revises the primary season-opening date 

for the Shorebased IFQ Program 

midwater trawl fishery (targeting both 

whiting and non-whiting species) to 

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

U.S./Canada border. This moves the 

season a month earlier for waters off the 

coasts of Washington and Oregon, and 

a month and half later for waters off the 

coast of northern California (north of 

40°30′ N. lat.). 

NMFS published a proposed rule for 

this action on February 17, 2015 (80 FR 

8280). The preamble to the proposed 

rule provided more background and 

information on the history of season 

date changes in the groundfish 

midwater trawl fisheries, as well as 

expected impacts. The preamble to the 

proposed rule also described the reemerging midwater trawl fishery 

targeting groundfish species other than 

Pacific whiting (non-whiting midwater 

trawl). The season date change in this 

action applies to all midwater trawling 

in the Shorebased IFQ Program, whether 

targeting whiting or non-whiting 

groundfish species. 

Response to Comments 

The comment period on the proposed 

rule ended March 19, 2015. NMFS 

received one comment letter (with three 

separate comments) on the proposed 

rule from a fishing industry 

organization. 

Comment 1: The commenter stated 

industry support for the midwater 

season date change as proposed. It 

provides more flexibility for harvesters 

and processors to make their own 

business plans and taking in to 

consideration markets, weather, and 

participation in other fisheries. It also 

equalizes opportunity between whiting 

sectors (at-sea and shorebased) and 

simplifies regulations. The commenter 

urged the importance of this action 

being effective by May 15, 2015, to 

provide the expected benefits to 

industry this year. 

Response: NMFS agrees and is 

implementing the proposed change to 

be effective on May 15, 2015. 

Comment 2: The commenter noted 

that they did not expect increased 

impacts on prohibited species, such as 

salmon, because of this season date 

change. They also stated that both the 

at-sea and shorebased whiting fishery 

participants have actively taken steps to 

reduce their interactions with 

prohibited species, including voluntary 

actions through their harvesting 

cooperatives to share information and 

reduce salmon interactions. 

Response: NMFS agrees that there is 

not expected to be a significant impact 

to prohibited species, such as salmon, as 

a result of this action as explained 

further in the preamble to the proposed 

rule and in the associated 

environmental assessment. NMFS will 

continue to track prohibited and 

protected species bycatch in groundfish 

fisheries, including inseason monitoring 

of Chinook salmon bycatch. In an effort 

to further support industry’s voluntary 

efforts to reduce bycatch, NMFS will 

provide the public with inseason 

estimates of Chinook bycatch in trawl 

fisheries. Inseason catch of Chinook 

salmon in at-sea fisheries is already 

publicly available in a report titled 

‘‘NWR At-Sea Pacific Whiting Fishery 

Summary’’, which can be found on the 

Pacific States Marine Fisheries 

Commission Web site at http://

pacfin.psmfc.org/pacfin_pub/data.php. 

In the spring of 2015, NMFS will also 

begin providing inseason estimates of 

Chinook bycatch in shorebased trawl 

fisheries on the Pacific States Marine 

Fisheries Commission Web site. NMFS 

supports industry’s voluntary efforts to 

track their bycatch, share information, 

and take appropriate actions to reduce 

bycatch. 

Comment 3: The commenter stated 

that, in addition to increased total 

allowable catches for widow and 

yellowtail rockfish (non-whiting 

species) in 2015 and 2016, the season 

date change will allow more 

opportunity for non-whiting midwater 

fishing, which should increase revenue 

in coastal communities and provide a 

greater net benefit to the nation. 

Response: NMFS supports efforts to 

build and maintain resilient and vibrant 

coastal communities while also 

balancing conservation of marine 

resources. 

Changes From the Proposed Rule 

There are no changes to the regulatory 

text from the proposed rule. 

Classification 

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

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), the NMFS Assistant 


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Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations 19035 

Administrator has determined that this 

rule is consistent with the Pacific Coast 

Groundfish FMP, other provisions of the 

MSA, and other applicable law. 

The Council prepared an 

environmental assessment (EA) for this 

action and the NMFS Assistant 

Administrator concluded in a ‘‘Finding 

of No Significant Impact’’ that there will 

be no significant impact on the human 

environment as a result of this rule. The 

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-Fishery-Management/TrawlProgram/index.cfm. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

A final regulatory flexibility analysis 

(FRFA) was prepared and incorporates 

the initial regulatory flexibility analysis 

(IRFA). A summary of the significant 

issues raised by the public comments in 

response to the IRFA, and NMFS’ 

responses to those comments, and a 

summary of the analyses completed to 

support the action are addressed below. 

NMFS also prepared a Regulatory 

Impact Review (RIR) for this action. A 

copy of the RIR/FRFA is available from 

NMFS (see ADDRESSES). A summary of 

the FRFA, per the requirements of 5 

U.S.C. 604(a) follows: 

The SBA has established size criteria 

for all major industry sectors in the 

United States, including fish harvesting 

and fish processing businesses. A 

business involved in fish harvesting is 

a small business if it is independently 

owned and operated and not dominant 

in its field of operation (including its 

affiliates) and if it has combined annual 

receipts not in excess of $20.5 million 

for all its affiliated operations 

worldwide. For marinas and charter/

party boats, a small business is one with 

annual receipts not in excess of $7.5 

million. For purposes of rulemaking, 

NMFS is also applying the $20.5 million 

standard to catcher/processors (C/Ps) 

because they are involved in the 

commercial harvest of finfish. A seafood 

processor is a small business if it is 

independently owned and operated, not 

dominant in its field of operation, and 

employs 500 or fewer persons on a full 

time, part time, temporary, or other 

basis, at all its affiliated operations 

worldwide. 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 small 

organization is any nonprofit enterprise 

that is independently owned and 

operated and is not dominant in its 

field. A small governmental jurisdiction 

is a government of a city, county, town, 

township, village, school district, or 

special district with a population of less 

than 50,000. 

This action revises the primary season 

opening date for the Shorebased IFQ 

Program midwater trawl fishery 

(targeting both whiting and non-whiting 

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

to the U.S./Canada border. This moves 

the season a month earlier for waters off 

the coasts of Washington and Oregon 

(from June 15 to May 15), and a month 

and half later for waters off the cost of 

northern California (north of 40°30′ N. 

lat.) (from April 1 to May 15), increasing 

consistency in the season start date 

along the coast and between the 

shorebased and at-sea midwater trawl 

fleets. 

NMFS did not receive any public 

comments directly related to the IRFA. 

One public comment did indicate that 

the change should result in greater 

revenue to the local fishing 

communities. 

This rule affects 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. 

There are no significant alternatives 

that accomplish the stated objectives of 

applicable statutes and that minimize 

the impact of the rule on small entities. 

Most entities affected by this rule are 

small entities (22 out of 26). An earlier 

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 Area 

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 that no midwater trawl gear 

harvest occurred in this area under the 

IFQ program. 

There are no new Federal reporting 

and recordkeeping requirements 

associated with this action. There are no 

relevant Federal rules that may 

duplicate, overlap, or conflict with this 

action. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide (the guide) was 

prepared. Copies of this final rule are 

available from the West Coast Regional 

Office, and the guide will be included 

in a public notice sent to all members 

of the groundfish email group. To signup for the groundfish email group, click 

on the ‘‘subscribe’’ link on the following 

Web site: http://

www.westcoast.fisheries.noaa.gov/

publications/fishery_management/

groundfish/public_notices/recent_

public_notices.html. The guide and this 

final rule will also be available on the 

West Coast Region’s Web site (see 

ADDRESSES) and upon request. 

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 


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19036 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Rules and Regulations 

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 designated 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. 

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 3 years to 

authorize the incidental taking of 

humpback whales by the sablefish pot 

fishery (78 FR 54553). 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

fisheries. 

Dated: April 6, 2015. 

Eileen Sobeck, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons stated in the 

preamble, 50 CFR part 660 is 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. 2015–08194 Filed 4–8–15; 8:45 am] 

BILLING CODE 3510–22–P 


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