[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Rules and Regulations]
[Pages 19034-19036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08194]



[[Page 19034]]

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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.

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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 non-whiting species) 
to May 15 north of 40[deg]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[deg]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, 
<a href="/cdn-cgi/l/email-protection#9bf1faf6f2feb5fcf4fef5dbf5f4fafab5fcf4ed"><span class="__cf_email__" data-cfemail="d2b8b3bfbbb7fcb5bdb7bc92bcbdb3b3fcb5bda4">[email protected]</span></a>.

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[deg]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[deg]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 re-emerging 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

[[Page 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/Trawl-Program/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[deg]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[deg]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 sign-up 
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

[[Page 19036]]

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 short-tailed 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

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.  660.131, revise paragraph (b)(2)(iii)(C) to read as 
follows:


Sec.  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[deg]30' N. lat.--May 15;
    (2) South of 40[deg]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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