[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Rules and Regulations]
[Pages 67674-67680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26523]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 191204-0101]
RIN 0648-BI99
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Seabird Bycatch Avoidance Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Final rule.
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SUMMARY: This rule requires commercial groundfish bottom longline
vessels 26 feet (7.9 meters (m)) length overall and longer managed
under the Pacific Coast Groundfish Fishery Management Plan to use
streamer lines while setting gear or to set gear between civil dusk and
civil dawn (night set) when fishing in Federal waters north of 36[deg]
North latitude. The action is necessary to fulfill terms and conditions
of a 2017 United States Fish and Wildlife Service Biological Opinion to
minimize incidental take of Endangered Species Act-listed short-tailed
albatross (Phoebastria albatrus) by vessels in the Pacific Coast
groundfish fishery. This rule is intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act, the Pacific Coast Groundfish Fishery Management Plan, and other
applicable laws, including the Endangered Species Act.
DATES: This final rule is effective January 10, 2020.
ADDRESSES: Electronic copies of supporting documents referenced in this
final rule, including a Regulatory Impact Review/Initial Regulatory
Flexibility
[[Page 67675]]
Analysis (Analysis), which addresses the statutory requirements of the
Magnuson-Stevens Fishery Conservation and Management Act, Presidential
Executive Order 12866, and the Regulatory Flexibility Act are available
at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/species/west-coast-groundfish and at the Pacific
Fishery Management Council's website at http://www.pcouncil.org.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655, or
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The purpose of this rule is to reduce interactions between
seabirds, especially Endangered Species Act-listed species, and
groundfish longline gear. Longline vessels fishing under the Pacific
Coast Groundfish Fishery Management Plan (FMP) interact with short-
tailed albatross, which are listed as endangered under the Endangered
Species Act (ESA). A 2012 U.S. Fish and Wildlife Service (USFWS)
Biological Opinion on the continued operation of the Pacific Coast
groundfish fishery required vessels 55 feet (ft) (16.8 m) and longer
length overall (LOA) using bottom longline gear (as defined in 50 CFR
660.11) to use streamer lines (80 FR 71975; November 18, 2015) to
reduce seabird interactions. Smaller vessels were not included in the
requirement. However, research since then has shown that vessel size is
not a limiting factor on seabird interactions (USFWS Biological Opinion
2017).
In 2015, the Pacific Fishery Management Council's (Council)
Groundfish Endangered Species Act Workgroup estimated that incidental
take of short-tailed albatross in groundfish longline fisheries
exceeded the incidental take level allowed in the 2012 Biological
Opinion (Section 1.2 of the Analysis). Thus, NMFS reinitiated
consultation in 2016 with the USFWS pursuant to Section 7 of the ESA.
On May 2, 2017, USFWS published its new Biological Opinion on the
fishery. The Incidental Take Statement (ITS) in the 2017 Biological
Opinion lists nondiscretionary terms and conditions, one of which
requires NMFS to amend the fishery regulations to require vessels
fishing for groundfish in Federal waters that use longline gear to:
(i) Employ streamer lines in the commercial longline fishery of the
Pacific Coast Ground Fishery consistent with the Alaska streamer line
regulations for Federal waters, including the use of single streamer
lines on boats 26-55 feet (7.9-16.8 m) in length, or
(ii) Set longlines after civil sunset.
The ITS requires that NMFS implement these regulation changes as
soon as practical, but initiation of implementation shall not exceed a
three-year period after the date of the Biological Opinion.
The Council evaluated the requirements of the ITS and analyzed an
action to amend the regulations implementing the FMP to address seabird
bycatch in the fishery at its November 2018, April 2019, and June 2019
meetings. The Council recommended a preferred alternative at its April
2019 meeting and took final action in June 2019. The Council deemed the
proposed regulations consistent with and necessary to implement the
changes to the Seabird Avoidance Program in an August 15, 2019, letter
from Council Chairman Phil Anderson to Regional Administrator Barry
Thom. Additional discussion of the background and rationale for the
Council's development of changes to the Seabird Avoidance Program
regulations is included in the proposed rule (84 FR 48094; September
12, 2019) and is not repeated here. Detailed information, including the
supporting documentation the Council considered while developing these
recommendations, is available at the Council's website,
www.pcouncil.org.
Seabird Bycatch Avoidance Measures
This rule amends the Seabird Avoidance Program regulations for the
Pacific Coast groundfish fishery at 50 CFR 660.21 to implement the
requirements of the 2017 USFWS Biological Opinion. This rule extends
the streamer line requirements previously in place for vessels greater
than or equal to 55 ft (16.8 m) LOA to vessels greater than or equal to
26 ft (7.9 m) and less than 55 ft (16.8 m) LOA using bottom longline
gear, as defined under 50 CFR 660.11, when fishing north of 36[deg] N
latitude. This rule also exempts all Pacific coast groundfish vessels
subject to seabird avoidance requirements from streamer line
requirements when night setting and exempts vessels greater than or
equal to 26 ft (7.9 m) and less than 55 ft (16.8 m) LOA from using
streamer lines when a National Weather Service (NWS) Small Craft
Advisory for Winds is declared. This section describes the types of
gear used in the fishery and the expanded seabird bycatch avoidance
measures and exemptions.
The Council recommended, and NMFS is implementing, an exemption for
vessels fishing south of 36[deg] N latitude due to the rare presence of
short-tailed albatross in this area, and as a result, decreased
likelihood of interaction with fishing gear. This exemption applies to
all sizes of vessels; therefore, it creates a new exemption for the
vessels greater than or equal to 55 ft (16.8 m) LOA that have been
subject to streamer line requirements since 2015.
Bottom longline gear includes snap gear, which is a variant of this
gear type in which the gangion and hook are attached to the groundline
by means of a mechanical fastener or snap, usually during gear
deployment. Because vessel operators may snap the gangion and hook to
the groundline during deployment, this gear configuration often means
that vessels deploy the gear at a slower speed than standard bottom
longline gear. This rule requires a different streamer line
configuration for vessels using snap gear that are greater than or
equal to 26 ft (7.9 m) and less than 55 ft (16.8 m) LOA to accommodate
the slower snap gear deployment speed and is consistent with the
existing regulations for vessels greater than or equal to 55 ft (16.8
m) LOA.
A portion of the vessels participating in this fishery use a
variant of bottom longline gear where floats are attached to the
mainline at the midpoint between the weights that sink the gear to the
seafloor. The floats elevate the mainline off the seafloor to minimize
depredation by ``sea lice'' (isopods) and hagfish, which can occur when
baited hooks are immobile on the seafloor. While the floats elevate the
mainline, this gear is still predominantly in contact with the
seafloor, and therefore is categorized as bottom longline gear as
opposed to pelagic longline gear. Because of the slower sink rate of
floated longline gear, streamer lines are less effective in minimizing
seabird bycatch. With floated gear, that portion of the longline
adjacent to the float is exposed to seabird attacks well beyond the
extent of the streamer lines. Due to safety concerns, difficulty in
assessing the number of vessels using floated longline gear because of
data limitations, and concerns about the burden such a requirement
would place on vessels that may typically only conduct day trips, the
Council did not include special requirements for floated mainline gear
at this time. However, we acknowledge that there are concerns with the
effectiveness of streamer lines for reducing seabird interactions for
floated mainline gear. NMFS intends to pursue further research on this
issue and to fulfill the terms and conditions of the 2017 Biological
Opinion, which directs NMFS to conduct research that
[[Page 67676]]
investigates new or improved methods of reducing bycatch of short-
tailed albatross that are safe and effective within the longline
fishery. Additional discussion of NMFS and Council consideration of
this gear subtype is included in the proposed rule (84 FR 48094;
September 12, 2019) and is not repeated here.
This rule requires the following configurations of streamer lines
for vessels greater than or equal to 26 ft (7.9 m) and less than 55 ft
(16.8 m) LOA.
Vessels with mast, poles, and rigging and not using snap gear would
be required to use a single streamer line while setting gear. The
single streamer line must:
1. Be a minimum of 300 ft (91.4 m) in length;
2. Have streamers spaced every 16.4 ft (5 m);
3. Be deployed before the first hook is set in such a way that
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water;
4. Have individual streamers that hang attached to the mainline to
9.8 in (0.25 m) above the waterline in the absence of wind;
5. Have at least eight streamers out of the water aft of the
vessel; and
6. Have streamers constructed of material that is brightly colored,
UV-protected plastic tubing or \3/8\ inch (9.5 millimeters (mm))
polyester line or material of an equivalent density.
Vessels with mast, poles, and rigging and using snap gear must use
a single streamer line while setting gear. The single streamer line
must:
1. Be a minimum of 147.6 ft (45 m) in length;
2. Have streamers spaced every 16.4 ft (5 m);
3. Be deployed before the first hook is set in such a way that
streamers are in the air for a minimum of 65.6 ft (20 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water;
4. Have individual streamers that hang attached to the mainline to
9.8 in (0.25 m) above the waterline in the absence of wind;
5. Have at least four streamers out of the water aft of the vessel;
and
6. Have streamers constructed of material that is brightly colored,
UV-protected plastic tubing or \3/8\ inch (9.5 mm) polyester line or
material of an equivalent density.
Vessels without mast, poles, and rigging must use at least one buoy
bag line while setting gear:
1. A buoy bag line consists of two components: A length of line
(without streamers attached) and one or more float devices at the
terminal end.
2. Have a buoy bag line that hangs over the area where baited hooks
may be accessible to seabirds, which is generally within 6.5 feet (2 m)
of the sea surface.
This rule exempts all Pacific coast groundfish vessels subject to
seabird avoidance requirements from streamer line requirements when
night setting. In the rule, we define night setting as deployment of
gear between civil dusk (defined as one hour after local sunset) and
civil dawn (defined as one hour before local sunrise). This exemption
applies to all sizes of vessels and therefore creates a new exemption
for the vessels greater than or equal to 55 ft (16.8 m) LOA that have
been subject to streamer line requirements since 2015.
Finally, this rule includes weather safety exemptions due to the
risk of entanglement of streamer lines in fishing gear in high winds.
In addition to the existing weather safety exemptions for vessels
greater than or equal to 55 ft (16.8 m) LOA, this rule includes a
weather safety exemption for vessels greater than or equal to 26 ft
(7.9 m) and less than 55 ft (16.8 m) LOA when fishing in an area under
a NWS Small Craft Advisory for winds (winds 21 to 33 knots) or in an
area seaward of such an area.
Comments and Responses
NMFS solicited public comment on the proposed seabird avoidance
measures (84 FR 48094, September 12, 2019). The comment period ended
October 15, 2019. NMFS received two comment letters: One from the
National Audubon Society on behalf of five organizations and the other
from a private citizen. The comment letters raise similar issues
regarding the potential need for additional NMFS actions. The letters
are available in their entirety from NMFS (see ADDRESSES) or at the
following web address: https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0063.
Comment 1: The proposed regulations do not address the bycatch
issue posed by pelagic (non-bottom) longline fishing. NMFS should
consider extending the requirement for streamer lines to all forms of
longline fishing.
Response: This comment is outside the scope of this action. As
noted earlier in this preamble in the ``Seabird Bycatch Avoidance
Measures'' section, this rule applies to bottom longline gear, which
includes floated longline gear. The West Coast groundfish fishery does
not use pelagic longlines. Pelagic longline gear is used in the West
Coast Highly Migratory Species fishery to target tuna, swordfish, and
other billfish. More information about the West Coast Highly Migratory
Species fishery can be found at https://www.fisheries.noaa.gov/management-plan/west-coast-highly-migratory-species-management-plan.
Comment 2: The proposed rule does not reflect the direction in the
Council's motion to develop enforceable floated mainline gear
configurations that can sink within the streamer line zone to reduce
seabird interactions.
Response: As discussed in the proposed rule and elsewhere in this
final rule, the Council acknowledged concerns with the effectiveness of
streamer lines for reducing seabird interactions for floated mainline
gear and requested NMFS and the industry collaborate on research on
strategies to modify floated mainline gear so that streamer lines are
more effective, or adjust the configuration of streamer lines to make
them more effective for floated mainline gear. NMFS intends to pursue
further research both to meet the Council's recommendation and to
fulfill the terms and conditions of the 2017 Biological Opinion, which
directs NMFS to conduct research that investigates new or improved
methods of reducing bycatch of short-tailed albatross that are safe and
effective within the longline fishery. This term and condition also
specifically notes that NMFS should pursue research on the effect of
floating gear on short-tailed albatross bycatch and improved methods to
minimize risk of bycatch.
Comment 3: There was no mention of penalties for failure to comply
with the requirements of the regulation. To be effective, this
regulation should have some indication of how compliance will be
measured and whether, if any, penalties exist for noncompliance.
Response: The proposed rule described the general requirements, as
well as the gear requirements and performance standards that apply to
vessel operators. The requirements and standards of the seabird
avoidance program are enforceable under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The enforcement
policy and penalties of the Magnuson-Stevens Act are described in the
Code of Federal Regulations (50 CFR parts 600.735 and 600.740).
Comment 4: The proposed rule fails to acknowledge the Council's
motion to account for current uncertainties and future changes to the
overlap of short-tailed albatrosses and fleet effort. In its final
rule, NMFS must acknowledge the Council's motion, and include tasks and
[[Page 67677]]
timeline for NMFS to review and report back to the Council on short-
tailed albatross telemetry or observer data south of 36[deg] N
latitude.
Response: The Council and NMFS will revisit the exemption for
vessels fishing south of 36[deg] N latitude as new data become
available. The appropriate venue for this analysis is the Council's
Groundfish Endangered Species Workgroup, which meets at least
biennially. The Groundfish Endangered Species Workgroup includes five
NMFS employees with expertise in marine mammals, fish, sea turtles, and
seabirds. NMFS intends to ensure new data on any changes to the overlap
of short-tailed albatrosses and fleet effort is incorporated into the
ESA Workgroup's analysis and therefore made available to the Council
and NMFS for further consideration. The Council's Groundfish Endangered
Species Workgroup biennially reviews bycatch estimates for certain ESA-
listed species taken in the fishery, including short-tailed albatross.
The Workgroup can make recommendations to the Council on data
collection or management actions necessary to evaluate or minimize
incidental take of these species in the groundfish fishery. The Council
can then choose to further analyze and develop these recommendations
for implementation in the groundfish fishery.
Changes From the Proposed Rule
There is one non-substantive change to the regulations implemented
in this final rule from those in the proposed rule. NMFS determined
that additional regulatory changes were required to effectuate the
purpose and intent described in the proposed rule. Specifically,
additional regulatory changes were needed to clarify implementation of
the terms and conditions of the 2017 USFWS Biological Opinion regarding
reporting and handling requirements for short-tailed albatross. The
regulations in the proposed rule clarified the reporting and handling
requirements for short-tailed albatross for vessels in the bottom
longline fishery consistent with the 2017 Biological Opinion. This
final rule modifies existing regulations at Sec. Sec. 660.140(g)(1)
and (g)(3)(ii)(B) and 660.604(p)(1)(ii) to ensure consistency for the
reporting and handling requirements regarding short-tailed albatross
for vessels in the Pacific Coast groundfish fishery. This change in the
regulations clarifies that vessels using trawl gear while fishing under
the Pacific Coast groundfish FMP follow the handling and reporting
requirements for injured or dead short-tailed albatross as detailed in
Sec. 660.21(c)(1)(v). The requirement that NMFS disseminate short-
tailed albatross disposition instructions for fishers and observers in
the Pacific Coast groundfish fishery has been in place since the 2012
Biological Opinion completed by the USFWS; the change in regulations in
this final rule would clarify that those instructions also apply to
trawl vessels. This change from the proposed rule is not substantive,
has no on-the-water effects, and will reduce potential confusion
regarding handling and reporting requirements for short-tailed
albatross.
Classification
Pursuant to sections 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law.
NMFS prepared a final regulatory flexibility analysis (FRFA) under
section 604 of the Regulatory Flexibility Act (RFA), which incorporates
the initial regulatory flexibility analysis (IRFA). A summary of any
significant issues raised by the public comments in response to the
IRFA, NMFS's 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 is
available from NMFS (see ADDRESSES), and per the requirements of 5
U.S.C. 604(a), the text of the FRFA follows:
Final Regulatory Flexibility Analysis
As applicable, section 604 of the Regulatory Flexibility Act (RFA)
requires an agency to prepare a final regulatory flexibility analysis
(FRFA) after being required by that section or any other law to publish
a general notice of proposed rulemaking and when an agency promulgates
a final rule under section 553 of Title 5 of the U.S. Code. The
following paragraphs constitute the FRFA for this action.
This FRFA incorporates the Initial Regulatory Flexibility Analysis
(IRFA), a summary of any significant issues raised by the public
comments, NMFS's responses to those comments, and a summary of the
analyses completed to support the action. Analytical requirements for
the FRFA are described in the RFA, section 604(a)(1) through (6). FRFAs
contain:
1. A statement of the need for, and objectives of, the rule;
2. A statement of the significant issues raised by the public
comments in response to the IRFA, a statement of the assessment of the
agency of such issues, and a statement of any changes made in the
proposed rule as a result of such comments;
3. The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments;
4. A description and an estimate of the number of small entities to
which the rule will apply, or an explanation of why no such estimate is
available;
5. A description of the projected reporting, recordkeeping, and
other compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record; and
6. A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each one of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
The ``universe'' of entities to be considered in a FRFA generally
includes only those small entities that can reasonably be expected to
be directly regulated by the action. If the effects of the rule fall
primarily on a distinct segment of the industry, or portion thereof
(e.g., user group, gear type, geographic area), that segment will be
considered the universe for purposes of this analysis.
In preparing a FRFA, an agency may provide either a quantifiable or
numerical description of the effects of a rule (and alternatives to the
rule), or more general descriptive statements, if quantification is not
practicable or reliable.
Need for and Objective of This Final Rule
The need for and objective of this final rule is described above in
the Background section of the preamble and not repeated here.
Summary of Significant Issues Raised During Public Comment
NMFS published a proposed rule to modify the Seabird Avoidance
Program for the West Coast groundfish fishery on September 12, 2019 (84
FR 48094). An IRFA was prepared and summarized in
[[Page 67678]]
the Classification section of the preamble to the proposed rule. The
comment period on the proposed rule ended on October 15, 2019. NMFS
received two comment letters on the proposed rule. No comments were
received specific to the IRFA. The Chief Counsel for Advocacy of the
SBA did not file any comments on the IRFA or the proposed rule.
A Description and an Estimate of the Number of Small Entities to Which
the Rule Will Apply
The RFA (5 U.S.C. 601 et seq.) requires government agencies to
assess the effects that regulatory alternatives would have on small
entities, defined as any business/organization independently owned and
operated and not dominant in its field of operation (including its
affiliates). A small harvesting business has combined annual receipts
of $11 million or less for all affiliated operations worldwide. A small
fish-processing business is one that employs 750 or fewer persons for
all affiliated operations worldwide.
For marinas and charter/party boats, a small business is one that
has annual receipts not in excess of $7.5 million. 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 nonprofit organization is
determined to be ``not dominant in its field of operation'' if it is
considered small under one of the following Small Business
Administration (SBA) size standards: Environmental, conservation, or
professional organizations are considered small if they have combined
annual receipts of $15 million or less, and other organizations are
considered small if they have combined annual receipts of $7.5 million
or less.
The RFA defines small governmental jurisdictions as governments of
cities, counties, towns, townships, villages, school districts, or
special districts with populations of less than 50,000.
This rule would directly affect groundfish longline vessels. These
vessels are defined as small entities based on the criteria provided
above. Baseline information reported in Section 3.5.2 of the Analysis
suggests that as many as 387 of such vessels greater than or equal to
26 ft (7.9 m) and less than 55 ft (16.8 m) LOA could be subject to the
requirement to use streamer lines or set gear at night. An additional
37 vessels greater than or equal to 55 ft (16.8 m) LOA could be subject
to elements of the rule (area exemptions south of 36[deg] N latitude,
night setting option) and also qualify as small entities. These counts
are the maximum estimate, as vessels move in and out of the fishery
between years.
There is not a strict one-to-one correlation between vessels and
entities; some persons or firms likely have ownership interests in more
than one vessel. Furthermore, as discussed in Section 3.5.4 of the
Analysis, most of these vessels had a relatively low level of
participation in the fishery during the baseline period, although in
principal any level of participation would trigger seabird avoidance
requirements (streamer line use, night setting). Given these factors,
the actual number of entities regulated by this action could be lower
than the preceding estimates.
Recordkeeping, Reporting, and Other Compliance Requirements
There are no reporting or record-keeping requirements with this
final rule. All longline vessels, whether classified as small or not,
will be subject to new compliance requirements under this final rule to
either use streamer lines or night set in order to reduce seabird
interactions.
Description of Significant Alternatives to This Final Rule That
Minimize Economic Impacts on Small Entities
There are no significant alternatives to this final rule that would
accomplish the stated objectives in a way that would reduce economic
impacts of the final rule on small entities. This action responds to a
non-discretionary term and condition in the 2017 USFWS Biological
Opinion, which specifies the seabird avoidance measures that must be
implemented to reduce the risk of incidental take of short-tailed
albatross. For that reason, there are no significant alternatives to
the action evaluated in this FRFA.
Small Entity Compliance Guide
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 final regulatory flexibility
analysis, 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 (see ADDRESSES),
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 website:
https://www.fisheries.noaa.gov/species/west-coast-groundfish#commercial. The guide and this final rule will also be
available on the West Coast Region's website (see ADDRESSES) and upon
request.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 4, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out 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. 660.21, revise paragraphs (b) introductory text, (b)(1),
and (c)(1) through (3) to read as follows:
Sec. 660.21 Seabird Avoidance Program.
* * * * *
(b) Applicability. The requirements specified in paragraph (c) of
this section apply to the following fishing vessels when operating
within the EEZ north of 36[deg] N latitude:
(1) Vessels greater than or equal to 26 ft (7.9 m) LOA engaged in
commercial fishing for groundfish with bottom longline gear, including
snap gear, as defined under ``Fishing gear'' in Sec. 660.11, including
those operating under the gear switching provisions of the Limited
Entry Trawl Fishery, Shorebased IFQ Program as specified in Sec.
660.140(k), or those operating under the limited entry fixed gear
fishery in subpart E or under the open access fishery in subpart F of
this part, except as provided in paragraphs (b)(2) of this section.
* * * * *
(c) * * *
(1) General requirements. The operator of a vessel described in
paragraph (b)(1) of this section must comply with the following
requirements, unless operating under the provisions of paragraph (c)(3)
of this section:
(i) Gear onboard. Have onboard the vessel seabird avoidance gear
meeting the material standards specified in
[[Page 67679]]
paragraph (c)(1)(iv) of this section and in accordance to the vessel
size and gear type specific requirements as specified in paragraph
(c)(2) of this section.
(ii) Gear inspection. Upon request by an authorized officer or
observer, make the seabird avoidance gear available for inspection.
(iii) Gear use. Use seabird avoidance gear as specified in
paragraph (c)(2) of this section that meets the material standards
specified in paragraph (c)(1)(iv) of this section while bottom longline
and snap gears are being deployed.
(iv) Material standards for all streamer lines. All streamer lines
must:
(A) Have streamers spaced every 16.4 ft (5 m).
(B) Have individual streamers that hang attached to the mainline to
9.8 in (0.25 m) above the waterline in the absence of wind.
(C) Have streamers constructed of material that is brightly
colored, UV-protected plastic tubing or \3/8\ inch (9.5 mm) polyester
line or material of an equivalent density.
(v) Handling of hooked short-tailed albatross. If a short-tailed
albatross is hooked or entangled by a vessel, owners and operators must
ensure that the following actions are taken:
(A) Stop the vessel to reduce the tension on the line and bring the
bird on board the vessel using a dip net;
(B) Determine if the bird is alive or dead.
(C) If alive, follow these instructions:
(1) Cover the bird with a towel to protect its feathers from oils
or damage while being handled;
(2) Remove any entangled lines or hooks from the bird without
further injuring the bird;
(3) Place the bird in a safe enclosed place;
(4) If the hook has been ingested or is inaccessible, keep the bird
in a safe, enclosed place and submit it to NMFS or the U.S. Fish and
Wildlife Service immediately upon the vessel's return to port. Do not
give the bird food or water.
(5) Assess whether the bird meets the following criteria for
release:
(i) Able to hold its head erect and respond to noise and motion
stimuli;
(ii) Able to breathe without noise;
(iii) Capable of flapping and retracting both wings to normal
folded position on its back;
(iv) Able to stand on both feet with toes pointed forward; and
(v) Feathers are dry.
(6) If bird does not meet criteria for release:
(i) Immediately contact NMFS or the U.S. Fish and Wildlife Service
at the numbers listed on the West Coast Seabird Avoidance Measures
flyer and request veterinary guidance;
(ii) Follow the veterinary guidance regarding the handling and
release of the bird.
(D) If dead, freeze the bird immediately with an identification tag
attached directly to the specimen listing the species, location and
date of mortality, and band number if the bird has a leg band. Attach a
duplicate identification tag to the bag or container holding the bird.
Any leg bands present must remain on the bird. Contact NMFS or the U.S.
Fish and Wildlife Service at the numbers listed on the West Coast
Seabird Avoidance Measures flyer, inform them that you have a dead
short-tailed albatross on board, and submit the bird to NMFS or the
U.S. Fish and Wildlife Service within 72 hours following completion of
the fishing trip.
(E) All incidents involving the hooking of short-tailed albatross
must be reported to U.S. Fish and Wildlife Service Law Enforcement by
the vessel operator within 72 hours of taking an albatross by phoning
360-753-7764 (WA); 503-682-6131 (OR); or 916-414-6660 (CA).
(F) If a NMFS observer is on board at the time of a hooking event,
the observer shall be responsible for the disposition of any captured
short-tailed albatross and for reporting to U.S. Fish and Wildlife
Service Law Enforcement. Otherwise, the vessel operator shall be
responsible.
(2) Gear requirements and performance standards. The operator of a
vessel identified in paragraph (b)(1) of this section must comply with
the following gear requirements:
(i) For vessels with masts, poles, or rigging using snap gear as
defined at Sec. 660.11, the following requirements apply:
(A) Vessels must deploy a minimum of a single streamer line in
accordance with the requirements of paragraphs (c)(1)(iv) of this
section, except as provided in paragraph (c)(2)(iv) of this section.
(B) Streamer lines must be a minimum length of 147.6 ft (45 m).
(C) Streamer lines must be deployed so that streamers are in the
air a minimum of 65.6 ft (20 m) aft of the stern and within 6 ft 7 in
(2 m) horizontally of the point where the main groundline enters the
water before the first hook is set. A minimum of 4 streamers must be
out of the water aft of the stern.
(ii) For vessels with masts, poles, or rigging using bottom
longline other than snap gear, as defined in paragraph (6)(i) of the
definition of fishing gear in Sec. 660.11, the following requirements
apply:
(A) Streamer lines must be a minimum length of 300 feet (91.4 m).
(B) The number of streamer lines required and the streamer line
deployment requirements vary by vessel length as follows:
(1) Vessels greater than or equal to 26 feet (7.9 m) and less than
55 feet (16.8 m) LOA must use a minimum of one streamer line. Streamer
line must be deployed before the first hook is set in such a way that
streamers are in the air for a minimum of 131.2 ft (40 m) aft of the
stern and within 6.6 ft (2 m) horizontally of the point where the main
groundline enters the water. A minimum of 8 streamers must be out of
the water aft of the stern.
(2) Vessels greater than or equal to 55 feet (16.8 m) LOA must use
paired streamer lines. At least one streamer line must be deployed
before the first hook is set in such a way that streamers are in the
air for a minimum of 131.2 ft (40 m) aft of the stern and within 6.6 ft
(2 m) horizontally of the point where the main groundline enters the
water. A minimum of 8 streamers must be out of the water aft of the
stern. The second streamer line must be deployed within 90 seconds
thereafter.
(i) For vessels deploying gear from the stern, the streamer lines
must be deployed from the stern, one on each side of the main
groundline.
(ii) For vessels deploying gear from the side, the streamer lines
must be deployed from the stern, one over the main groundline and the
other on one side of the main groundline.
(iii) Vessels without masts, poles, or rigging. A minimum of 1 buoy
bag line must be used by vessels without superstructure, including
masts, poles, or rigging. The buoy bag line must hang over the area
where baited hooks may be accessible to seabirds, which is generally
within 6.5 feet (2 m) of the sea surface.
(iv) The following weather safety exemptions apply, based on vessel
length:
(A) Vessels greater than or equal to 26 feet (7.9 m) and less than
55 feet (16.8 m) LOA are exempted from the requirements of paragraph
(c)(1)(iii) of this section when a National Weather Service Small Craft
Advisory for Winds is in effect, or other National Weather Service
Advisory for wind speeds exceeding those that trigger a Small Craft
Advisory for Winds. This exemption applies only during the time and
within the area indicated in the National Weather Service Weather
Advisory or in an area seaward of such an area.
[[Page 67680]]
(B) Vessels 55 feet and longer (16.8 m) LOA are exempted from the
requirements of paragraph (c)(1)(iii) of this section when a National
Weather Service Gale Warning is in effect. This exemption applies only
during the time and within the area indicated in the National Weather
Service Gale Warning.
(3) Night setting. The operator of a vessel described in paragraph
(b)(1) of this section, that begins and completes deployment of gear
between one hour after local sunset and one hour before local sunrise
is exempt from the provisions of paragraphs (c)(1) and (2) of this
section.
0
3. In Sec. 660.140, revise paragraphs (g)(1) and (g)(3)(ii)(B) to read
as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(g) * * *
(1) General. Shorebased IFQ Program vessels may discard IFQ
species/species groups, provided such discards are accounted for and
deducted from QP in the vessel account. With the exception of vessels
on a declared Pacific whiting IFQ trip and engaged in maximized
retention, and vessels fishing under a valid EM Authorization in
accordance with Sec. 660.604 of subpart J, prohibited and protected
species (except short-tailed albatross as directed by Sec.
660.21(c)(1)(v)) must be discarded at sea; Pacific halibut must be
discarded as soon as practicable and the discard mortality must be
accounted for and deducted from IBQ pounds in the vessel account. Non-
IFQ species and non-groundfish species may be discarded at sea, unless
otherwise required by EM Program requirements at Sec. 660.604 of
subpart J. The sorting of catch, the weighing and discarding of any IBQ
and IFQ species, and the retention of IFQ species must be monitored by
the observer or EM system.
* * * * *
(3) * * *
(ii) * * *
(B) Seabirds, marine mammals, and sea turtles. Short-tailed
albatross must be reported as soon as possible and directions for
surrendering must be followed as directed by Sec. 660.21(c)(1)(v).
Marine mammals and sea turtles must be reported to NMFS as soon as
possible (206-526-6550) and directions for surrendering or disposal
must be followed. Whole body specimens must be labeled with the vessel
name, electronic fish ticket number, and date of landing. Whole body
specimens must be kept frozen or on ice until arrangements for
surrendering or disposing are completed. Unless directed otherwise,
after reporting is completed, seabirds, marine mammals, and sea turtles
may be disposed by incinerating, rendering, composting, or returning
the carcasses to sea.
* * * * *
0
4. In Sec. 660.604, revise paragraphs (p)(1)(ii) and (p)(2) to read as
follows:
Sec. 660.604 Vessel and first receiver responsibilities.
* * * * *
(p) * * *
(1) * * *
(ii) Large individual marine organisms (i.e., all marine mammals,
sea turtles, and non-ESA-listed seabirds, and fish species longer than
6 ft (1.8 m) in length) may be discarded. For any ESA-listed seabirds
that are brought on board, vessel operators must follow any relevant
instructions for handling and disposition under Sec. 660.21(c)(1)(v).
* * * * *
(2) Non-trawl shorebased IFQ. A vessel operator on a declared
limited entry groundfish non-trawl, shorebased IFQ trip must retain all
salmon and must discard Dungeness crab caught seaward of Washington or
Oregon, Pacific halibut, green sturgeon, eulachon, sea turtles, and
marine mammals. All other catch may be discarded following instructions
in the VMP, except as required by the Seabird Avoidance Program at
Sec. 660.21(c)(1)(v).
* * * * *
[FR Doc. 2019-26523 Filed 12-10-19; 8:45 am]
BILLING CODE 3510-22-P