52882 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 

FOR FURTHER INFORMATION CONTACT: 

Katherine Cheney; NFMS West Coast 

Region; 503–231–6730; email: 

Katherine.Cheney@noaa.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given of a meeting of MAFAC’s 

CBP Task Force. The MAFAC was 

established by the Secretary of 

Commerce (Secretary) and, since 1971, 

advises the Secretary on all living 

marine resource matters that are the 

responsibility of the Department of 

Commerce. The complete MAFAC 

charter and summaries of prior MAFAC 

meetings are located online at http://

www.nmfs.noaa.gov/ocs/mafac/. The 

CBP Task Force reports to MAFAC and 

is being convened to discuss and 

develop recommendations for long-term 

goals to meet Columbia Basin salmon 

recovery, conservation needs, and 

harvest opportunities. These goals will 

be developed in the context of habitat 

capacity and other factors that affect 

salmon mortality. More information is 

available at the CBP Task Force Web 

page: http://

www.westcoast.fisheries.noaa.gov/ 

columbia_river/index.html. 

Matters To Be Considered 

The meeting time and agenda are 

subject to change. Updated information 

will be available on the CBP Task Force 

Web page above. Meeting topics include 

progress reports on applying the 

analytical framework to example species 

as prototypes and updates on 

quantitative goal setting, guiding 

principles, and vision. The meeting is 

open to the public as observers, and 

public input will be accepted on 

December 6, 2017, from 3:30 to 4 p.m., 

limited to the time available. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Katherine Cheney; 503–231–6730, by 

November 28, 2017. 

Dated: November 9, 2017. 

Jennifer Lukens, 

Director for the Office of Policy, National 

Marine Fisheries Service. 

[FR Doc. 2017–24721 Filed 11–14–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF799 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Application for an Exempted Fishing 

Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of exempted 

fishing permit applications; request for 

comments. 

SUMMARY: NMFS announces the receipt 

of two exempted fishing permit (EFP) 

applications. The first application was 

received from The Nature Conservancy 

(TNC) for an EFP to test commercial pot 

fishing gear for selective harvest of 

lingcod. The lingcod pot gear EFP is 

intended to provide for the selective 

harvest of lingcod with fixed gear inside 

the non-trawl rockfish conservation area 

(RCA), allowing harvest of lingcod 

within existing annual catch limits 

(ACLs) while keeping catch of cooccurring overfished species (e.g. 

yelloweye rockfish) within rebuilding 

ACLs. The second application was 

received from the West Coast Seafood 

Processors Association, Environmental 

Defense Fund, Oregon Trawl 

Commission, and Midwater Trawlers 

Cooperative for an EFP to test if and 

how the removal of certain trawl gear, 

time, and area restrictions for the 

Shorebased Individual Fishing Quota 

(IFQ) Program may impact the nature 

and extent of bycatch of prohibited 

species. This EFP is intended to allow 

participating limited entry groundfish 

bottom trawl and midwater trawl 

vessels more flexibility in 2018 to target 

pelagic rockfish species, such as widow, 

chilipepper, and yellowtail rockfish. 

The NMFS West Coast Region’s 

Assistant Regional Administrator for 

Sustainable Fisheries has made a 

preliminary determination that the 

subject EFP applications contain all the 

required information and warrant 

further consideration. Therefore, NMFS 

announces that the Assistant Regional 

Administrator for Sustainable Fisheries 

proposes to recommend that EFPs be 

issued. 

DATES: Comments must be received no 

later than 5 p.m., local time on 

November 30, 2017. 

ADDRESSES: You may submit comments, 

identified by 0648–XF799, by any one of 

the following methods: 

• Email: nmfs_gf_efp2018.wcr@

noaa.gov. 

• Mail: Barry Thom, Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070, Attn: Karen 

Palmigiano. 

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 would 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 

would be publicly accessible. NMFS 

would accept anonymous comments 

(enter ‘‘N/A’’ in the required fields if 

you wish to remain anonymous). 

Attachments to electronic comments 

would be accepted in Microsoft Word, 

Excel, or Adobe PDF file formats only. 

Information relevant to this notice or 

the EFP applications are available for 

public review during business hours at 

the NMFS West Coast Regional Office at 

7600 Sand Point Way NE., Seattle, WA 

98115, or by requesting them via phone 

or the email address listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Karen Palmigiano at (206) 526–4491 or 

karen.palmigiano@noaa.gov. 

SUPPLEMENTARY INFORMATION: This 

action is authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP) and implementing regulations at 

50 CFR 600.745, which states that EFPs 

may be used to authorize fishing 

activities that would otherwise be 

prohibited. 

Lingcod Pot Gear EFP 

At its June 2016 meeting, the Pacific 

Fishery Management Council (Council) 

received an EFP application from TNC 

for the use of pot gear to target lingcod 

within the non-trawl RCA offshore of 

Washington and Oregon. An initial 

opportunity for public comment was 

provided during this meeting. At that 

time, the Council recommended that 

NMFS consider issuing the EFP for a 

period of two years (i.e., 2017 and 2018). 

The two-year duration was intended to 

coincide with the 2017–18 biennial 

harvest specifications and management 

measures process. However, due to 

unforeseen delays, NMFS was unable to 

issue this EFP for 2017, and is 

proposing to issue the EFP described 

below beginning in 2018. The EFP 

would expire no later than December 

31, 2018. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 52883 

In 2014, during preliminary gear 

testing conducted by TNC and their 

research partners, catch of lingcod was 

lower than anticipated. During testing, 

the gear was only fished in areas open 

to non-trawl groundfish fishing, which 

included the area seaward of the nontrawl RCA, in depths ranging from 

approximately 100–200 fathoms (fm) 

(54.7–109.4 meters). Applicants 

hypothesize that low catch of lingcod 

was primarily due to the non-trawl RCA 

(a depth-based area closure prohibiting 

fishing for lingcod with pot gear from 

approximately 30 fathoms to 100 

fathoms), closing depths where lingcod 

are most commonly found (i.e., 

shallower than 100 fm). Subsequently, 

TNC proposed and the Council 

recommended to NMFS an EFP which 

would provide an exemption to 

participating vessels to target lingcod 

with pot gear inside the non-trawl RCA 

off Washington and Oregon. This EFP is 

necessary to allow activities that are 

otherwise prohibited by Federal 

regulations. As the RCAs were 

implemented to reduce incidental catch 

of overfished species, it is not 

uncommon for the Council to 

recommend to NMFS the permitting of 

fishing opportunities to occur inside a 

RCA when the gear is highly selective, 

with low bycatch of non-target and 

overfished groundfish species. 

Entanglement of humpback whales in 

pot gear buoy lines is a concern, 

particularly in the West Coast sablefish 

pot fishery, which is designated as a 

Category II fishery in the 2017 List of 

Fisheries (82 FR 9690, February 8, 2017) 

due to its occasional interactions with 

humpback whales; the last of which was 

documented in 2006. Concerns with 

regards to the pot gear, similar to 

sablefish pot gear with regards to the 

buoy lines, being employed in the 

proposed EFP are mitigated because the 

magnitude of the fishing effort 

permitted under this EFP would be 

minimal and occur off Oregon, where 

fewer documented interactions between 

pot gear and humpback whales has 

occurred. Therefore, NMFS is proposing 

to approve the EFP consistent with 

general requirements following the 

conclusion of the public comment 

period. Subsequently, NMFS would 

issue the actual permits for the EFP to 

individual participants and TNC as the 

entity coordinating EFP-related fishing 

activities as appropriate. NMFS intends 

to use an adaptive management 

approach for this EFP in which NMFS 

may revise requirements and protocols 

to improve the EFP without issuing 

another Federal Register Notice, 

provided that the modifications fall 

within the scope of the Council’s 

original intent. Such changes may be 

granted without further public notice if 

they are deemed essential to facilitate 

completion of the proposed research 

and result in only a minimal change in 

the scope or impacts of the initially 

approved EFP request. 

In accordance with NOAA 

Administrative Order (NAO) 216–6, a 

Categorical Exclusion or other 

appropriate National Environmental 

Policy Act document would be 

completed prior to the issuance of any 

permits under this EFP. Further review 

and consultation may be necessary 

before a final determination is made to 

issue the permits. After publication of 

this document in the Federal Register, 

the EFP, if approved by NMFS, may be 

implemented following the public 

comment period. NMFS would consider 

comments submitted, as well as the 

Council’s discussion at their June 2016 

Council meeting, in deciding whether to 

approve the application as requested. 

NMFS may approve the application in 

its entirety or may make any alterations 

needed to achieve the goals of the EFP. 

2018 Trawl Gear EFP 

In September 2017, the Council 

received an application for an EFP from 

the West Coast Seafood Processors 

Association, Environmental Defense 

Fund, Oregon Trawl Commission, and 

Midwater Trawlers Cooperative to test if 

and how the removal of certain gear, 

time, and area restrictions for the 

Shorebased IFQ Program may impact 

the nature and extent of prohibited 

species bycatch, particularly salmon 

and eulachon. This EFP is intended to 

allow participating limited entry 

groundfish bottom trawl and midwater 

trawl vessels more flexibility in 2018 to 

target pelagic rockfish species, such as 

widow, chilipepper, and yellowtail 

rockfish. An opportunity for public 

testimony was provided during the 

Council meeting, after which the 

Council recommended the EFP with 

several changes. Specifically, the 

Council narrowed the number of 

exemptions they recommended to 

include in the EFP. After the Council 

meeting, the applicants updated their 

application based on the Council’s 

recommendations and resubmitted a 

final version of the application to NMFS 

on October 4, 2017. Copies of the final 

version of the application are available 

from NMFS. (See ADDRESSES for how to 

obtain this information). 

In late 2016, industry members 

proposed a trawl gear EFP for 2017 

(later known as the 2017 trawl gear EFP) 

to provide them exemptions to the 

minimum mesh size requirement and 

exemptions to the requirement to use 

selective flatfish trawl shoreward of the 

trawl RCA north of 42° North latitude 

(N. lat) for limited entry bottom trawl 

vessels. Since implementation of the 

2017 trawl gear EFP in March 2017, 

limited entry groundfish bottom trawl 

vessels have been testing their new gear 

configurations by targeting midwater 

pelagic rockfish (primarily widow 

rockfish and yellowtail rockfish) using 

modified bottom trawl gear north of 42° 

N. lat. shoreward of the trawl RCA with 

minimal impacts on Chinook salmon. 

As of the end of October 2017, there 

have been 50 trips taken by 10 vessels, 

and they have caught a total of four 

Chinook salmon. Information on gear 

configurations has been collected, and 

the data would helpful information any 

potential modifications or elimination 

of current gear restrictions. 

To continue collecting information on 

impacts to salmon and eulachon that 

may arise from the modification or 

elimination of gear, time, and area 

regulations, the applicants have 

requested a 2018 trawl gear EFP that 

expands upon the 2017 trawl gear EFP. 

The trawl gear EFP in 2018 would 

provide participating vessels with 

several exemptions regarding the 

required minimum mesh size, the 

requirement to use selective flatfish 

trawl gear shoreward of the trawl RCA 

and north of 42° N. lat., the prohibition 

on fishing with midwater groundfish 

trawl gear north of 40°10′ N. lat. in all 

areas prior to May 15th each year, the 

prohibition on fishing with midwater 

groundfish trawl gear south of 40°10′ N. 

lat. within the boundaries of the trawl 

RCA (midwater groundfish trawling 

would still be prohibited shoreward of 

the RCA and south of 40°10′ N. lat.), the 

prohibition on bringing a new haul 

onboard before a previous haul is 

stowed, and the prohibition on carrying 

and fishing more than one type of 

groundfish trawl gear (midwater and 

bottom trawl gear) on the same trip. 

If approved, vessels fishing on an EFP 

trip with bottom trawl gear would be 

permitted to use any small footrope gear 

that meets the definition in regulations 

at § 660.11 shoreward of the RCA and 

north of 42° N. lat. similar to what is 

required south of 40°10′ N. lat. Vessels 

fishing on an EFP trip with limited 

entry midwater trawl vessels would be 

permitted to fish within all areas north 

of 40°10′ N. lat. and within the 

boundaries and seaward of the RCA 

south of 40°10′ N. lat. for the duration 

of this EFP. These vessels would not be 

constrained to the primary whiting 

season dates. All participating 

groundfish bottom trawl and midwater 

trawl vessels on an EFP trip would be 


sradovich on DSK3GMQ082PROD with NOTICES
52884 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Notices 

permitted to carry and fish both 

groundfish trawl gear types (bottom 

trawl and midwater trawl) on the same 

trip, assuming the proper declarations 

are made, and bring a new haul on 

board before a previous haul is stowed. 

Finally, vessels fishing on an EFP trip 

would not be constrained by the mesh 

requirements regarding size or how it is 

measured. Participating vessels would 

carry observers or use a NMFS-approved 

electronic monitoring system on 100- 

percent of trips, as is currently required 

in the IFQ program. 

NMFS has some concerns with the 

potential impacts these exemptions may 

have on protected and prohibited 

species. The best available data suggests 

that bycatch rates of Endangered 

Species Act listed salmon, eulachon, 

and green sturgeon could increase as a 

result of the increased effort resulting 

from this EFP. However, because a 

targeted fishery for chilipepper, widow, 

and yellowtail rockfish has not existed 

in more than a decade and the fishery 

has changed a lot since this data was 

collected, this data may not reflect 

current bycatch rates resulting in its 

limited utility for predicting current 

impacts to protected and prohibited 

species. Thus, NMFS has been working 

with the applicant to develop an EFP 

that would meet the applicants’ 

objectives to better target pelagic 

rockfish species while collecting 

information about bycatch and 

minimizing bycatch to the extent 

practicable. To address NMFS’s 

concerns, the applicants included in 

their application a requirement to 

collect bycatch information at the haul 

level and genetic samples on all salmon 

caught. Additionally, the applicants 

proposed and the Council 

recommended that all salmon caught by 

vessels participating in this EFP would 

be subject to a total salmon harvest 

guideline of 3,547 Chinook salmon. In 

addition, the Council recommend two 

sub-harvest guidelines to further help 

mitigate against potential impacts: 

• Prior to May 15th—All vessels 

fishing on an EFP trip north of 42° N. 

lat. would be subject to a sub-harvest 

guideline of 720 Chinook salmon (out of 

the 3,547 Chinook salmon total harvest 

guideline) for this area, including 

seaward, within, and shoreward of the 

trawl RCA, from the inception of this 

EFP until 12:01 a.m. on May 15th which 

corresponds to the start of the Primary 

whiting season for the Shorebased IFQ 

fishery. From May 15th through the end 

of this EFP, all EFP trips taken north of 

42° N. lat. would be subject to the 

remainder of total harvest guideline 

(3,547 Chinook salmon) for the EFP. 

• South of 42° N. lat.—All vessels 

fishing on an EFP trip south of 42° N. 

lat. would be subject to a sub-harvest 

guideline of 80 Chinook salmon (out of 

the 3,547 Chinook salmon harvest 

guideline) for this area for the duration 

of this EFP. 

If the overall harvest guideline of 

3,547 Chinook salmon for the EFP is 

reached, the EFP would be shut down. 

Additionally, if a sub-harvest guideline 

is reached EFP trips for which that subharvest guideline apply would be shut 

down. For example, if vessels fishing 

north of 42° N. lat. prior to May 15th 

catch more than 720 Chinook salmon, 

the EFP would be shut down until May 

15th when it would open back up in 

this area under the 3,547 Chinook 

salmon harvest guideline. For the area 

south of 42° N. lat., if any time during 

the EFP vessels fishing in this area catch 

more than 80 Chinook salmon, the EFP 

activity in the area south of 42° N. lat. 

would be shut down and would not 

reopen for the remainder of the EFP. 

The applicants have not proposed a 

specific list of participating vessels, as 

is traditionally the case, but rather are 

proposing that NMFS publish a public 

notice to gauge interest from limited 

entry groundfish midwater and bottom 

trawl vessels. Depending on the amount 

of interest and where vessels may be 

fishing, NMFS may need to limit 

participation by time and area to 

mitigate against potential impacts. 

Participating vessels that enroll in the 

EFP would be required to declare into 

and out of the EFP on a monthly basis 

by notifying NMFS. 

Information collected under the EFP 

could be used to support the analysis for 

potential new and modifications to 

existing gear regulations. With many of 

the current gear regulations having been 

in place for more than ten years, it is 

difficult for NMFS, the Council, and 

industry to predict the impacts of 

removing these regulations. In the past 

ten years, the industry has changed 

significantly. Reduction in capacity, 

innovations in gear technologies, and 

changes in management have all 

contributed to these changes. This EFP 

would help demonstrate what potential 

impacts, if any, today’s fleet may have 

if some of the current gear, area, and 

time regulations are modified from what 

is currently in regulation. 

Therefore, NMFS is proposing to 

approve a 2018 trawl gear EFP, covering 

all the exemptions stated above 

following the conclusion of the public 

comment period, review of public 

comment, and completion of an analysis 

of the potential impacts. Pending 

approval, NMFS would issue the 

permits for the EFP to the vessel owner 

or designated representative as the ‘‘EFP 

holder.’’ NMFS intends to use an 

adaptive management approach in 

which NMFS may revise requirements 

and protocols to improve the program 

without issuing another Federal 

Register Notice, provided that the 

modifications fall within the scope of 

the original EFP. In addition, the 

applicants may request minor 

modifications and extensions to the EFP 

throughout the course of research. EFP 

modifications and extensions may be 

granted without further public notice if 

they are determined essential to 

facilitate completion of the proposed 

research and result in only a minimal 

change in the scope or impacts of the 

initially approved EFP request. 

In accordance with NAO 

Administrative Order 216–6, a 

Categorical Exclusion or other 

appropriate National Environmental 

Policy Act document would be 

completed prior to the issuance of any 

permits under this EFP. After 

publication of this document in the 

Federal Register, the EFP, if approved 

by NMFS, may be implemented 

following the public comment period. 

NMFS would consider comments 

submitted, as well as the Council’s 

discussion at their September 2017 

Council meeting, in deciding whether to 

approve the application as requested. 

NMFS may approve the application in 

its entirety or may make any alterations 

needed to achieve the goals of the EFP. 

Authority: 16 U.S.C. 1801 et seq., 16 

U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 

Dated: November 9, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–24716 Filed 11–14–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF811 

Endangered and Threatened Species; 

Take of Anadromous Fish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Applications for four new 

scientific research permits, two permit 

modifications, and eight permit 

renewals. 

SUMMARY: Notice is hereby given that 

NMFS has received 14 scientific 


sradovich on DSK3GMQ082PROD with NOTICES