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Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone

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Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Region 7600 Sand Point Way N.E., Bldg. 1 Seattle, Washington 98115 August 31, 2016 150411 WCR20l6SF00l44:ALR Dear Reviewer: In accordance with provisions of the National Environmental Policy Act, we enclose for your review the Draft Environmental Assessment (DEA) for Consideration of an Exempted Fishing Permit (EFP) to Fish with Longline Gear in the West Coast Exclusive Economic Zone (EEZ). This DEA was completed to consider potential impacts of issuing an EFP authorizing the applicants to fish with longline gear in the U.S. West Coast EEZ, under specific terms and conditions. According to regulations, a National Marine Fisheries Service Regional Administrator may authorize "for limited testing, public display, data collection, exploratory, health and safety, environmental cleanup, and/or hazard removal purposes, the target or incidental harvest of species managed under an FMP [fishery management plan] or fishery regulations that would otherwise be prohibited" (50 CFR 600.745(b)). Issuance of an EFP, which is the proposed action analyzed in this DEA, would provide such authorization as fishing with longline gear in the U.S. West Coast EEZ is currently prohibited under the Fishery Management Plan for U.S. West Coast Highly Migratory Species Fisheries and Federal regulation at 550 CFR 660.712(a). The original application for the EFP was discussed during the March 20 I 5 Pacific Fishery Management Council (Council) meeting and published on the Council' s website at: http://www.pcouncil.org/wp­ content/uploads/H3a_Att1_Dupuy_etal_MAR2015BB.pdf A revised application for the EFP and the Council's additional recommendations regarding EFP issuance were published in the FEDERAL REGISTER on May 22, 2015 (80 FR 29662). Additional copies of the DEA may be obtained from the comment coordinator identified below. The document is also accessible electronically through NMFS' West Coast Region website: http://www. westcoast.fisheries.noaa.govlfisheries/migratory species/highly migratory species rules reg.html. Written comments should be submitted through mail or email to the comment coordinator identified below. Written comments submitted during the agency's public comment period must be received by October 2, 2016. When submitting email comments include the following document identifier in the comment subject line: Comments on DEA for LL EFP. Comment Coordinator: Amber Rhodes Fishery Policy Analyst National Marine Fisheries Service West Coast Region 501 West Ocean Blvd. Long Beach, CA 90802 2 [email protected] Sincerely, William W. Stelle, Jr. Regional Administrator Enclosure Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone Draft Environmental Assessment NATIONAL MARINE FISHERIES SERVICE WEST COAST REGION 501 W. OCEAN BLVD., SUITE 4200 LONG BEACH, CALIFORNIA 90802 SEPTEMBER 2016 Cover Sheet Draft Environmental Assessment Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone Proposed Action: Issue an exempted fishing permit to allow longline fishing in the United States Economic Exclusive Zone off California and Oregon, which is currently prohibited. Under terms and conditions of the exempted fishing permit, a vessel or vessels would target swordfish, which is also currently prohibited to longline vessels pursuant to the Highly Migratory Species fishery management plan. Type of Statement: Environmental Assessment For Further Information: Tonya Wick ([email protected]) Amber Rhodes ([email protected]) Lyle Enriquez ([email protected]) Chris Fanning ([email protected]) West Coast Region, Sustainable Fisheries Division National Marine Fisheries Service West Coast Region 501 Ocean Boulevard, Suite 4200 Long Beach, CA 90802 Telephone: (562) 980-4000 Draft Environmental Assessment: Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone i September 2016 THIS PAGE INTENTIONALLY LEFT BLANK Draft Environmental Assessment: Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone ii September 2016 List of Acronyms List of Acronyms CCS California Current System CDFW California Department of Fish and Wildlife CFR Code of Federal Regulations CPUE Catch Per Unit Effort CV Coefficient of Variation DGN Drift Gillnet DPS Distinct Population Segment DSBG Deep-set Buoy Gear DSLL Deep-set Longline EEZ Exclusive Economic Zone EFH Essential Fish Habitat EFP Exempted Fishing Permit ENP Eastern North Pacific ENSO El Niño–Southern Oscillation EPO Eastern Pacific Ocean ESA Endangered Species Act F Fishing mortality FMP Fishery Management Plan HMS Highly Migratory Species HMSMT Highly Migratory Species Management Team IATTC Inter-American Tropical Tuna Commission ISC International Scientific Committee for Tuna in the North Pacific Ocean IUCN International Union for Conservation of Nature IUU Illegal, Unreported, and Unregulated LCH Leatherback Critical Habitat MMPA Marine Mammal Protection Act M/SI Mortality and Serious Injury MSY Maximum Sustainable Yield MUS Management Unit Species NEPA National Environmental Policy Act NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NPGO North Pacific Gyre Oscillation PBR Potential Biological Removal PCFG Pacific Coast Feeding Group PDO Pacific Decadal Oscillation PIFSC Pacific Islands Fishery Science Center RFMO Regional Fisheries Management Organizations SAR Stock Assessment Report SCB Southern California Bight SPR Spawning Potential Ratio Draft Environmental Assessment: Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone iii September 2016 List of Acronyms SSB Spawning Stock Biomass SSLL Shallow-set Longline USFWS United Sates Fish and Wildlife Service WCNP Western and Central North Pacific WCNPO Western and Central North Pacific Ocean WCPFC Western and Central Pacific Fisheries Commission WCPO Western and Central Pacific Ocean WCR West Coast Region WNP Western North Pacific WPFMC Western Pacific Fishery Management Council Draft Environmental Assessment: Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone iv September 2016 Glossary Glossary Biological Opinion: the written documentation of a section 7 consultation. Incidental take: “take” is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, or collect individuals from a species listed under the ESA. Incidental take is the non-deliberate take of ESA-listed species during the course of a Federal action (e.g., fishing under an FMP). Incidental Take Statement: a requirement under the ESA section 7 consultation regulations; it is the amount of incidental take anticipated under a Proposed Action and analyzed in a biological opinion. Mortality or serious injury (M/SI): a standard used for measuring impacts on marine mammals under the MMPA. Serious injury is defined as an injury likely to result in the mortality of a marine mammal. Mean annual takes: the estimated number of marine mammals seriously injured or killed each year as a result of fishery interactions. Potential Biological Removal (PBR): a requirement of the MMPA, it is the estimated number of individuals that can be removed from a marine mammal stock while allowing the stock to maintain or increase its population. Section 7 consultation: a requirement of all discretionary Federal actions to ensure that the Proposed Action is not likely to jeopardize ESA-listed endangered or threatened species. Refers to section 7(a)(2) of the ESA. Draft Environmental Assessment: Consideration of an Exempted Fishing Permit to Fish with Longline Gear in the West Coast Exclusive Economic Zone v September 2016 Abstract Abstract The National Marine Fisheries Service is proposing to issue an exempted fishing permit to authorize the use of longline gear in the United States Exclusive Economic Zone off California and Oregon, which is currently prohibited, to target swordfish (Xiphias gladius) and other highly migratory species. Management of the proposed longline exempted fishing permit would be covered under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species, which was developed by the National Marine Fisheries Service in collaboration with the Pacific Fishery Management Council. The Highly Migratory Species Fishery Management Plan was implemented in 2004 and allows for more comprehensive Federal management of fishery management plan fisheries supported by decision-making through the Council process. The action must conform to the Magnuson-Stevens Fishery Conservation and Management Act, the principal statutory basis for fishery management within the Exclusive Economic Zone, which extends from the outer boundary of state waters at 3 nautical miles to a distance of 200 nautical miles from shore. In addition to addressing Magnuson-Stevens Fishery Conservation and Management Act mandates, this document is an environmental assessment, pursuant to the National Environmental Policy Act of 1969, as amended. The purpose of this environmental assessment is to disclose and evaluate the effects of the Proposed Action on the human environment, considered by means of a range of alternatives, and to “[b]riefly provide sufficient evidence and analysis
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