Omnibus - Pacific Fishery Management Council€¢ 16 items from omnibus list already in progress in 2014 • Plus 2 additional rules not on omnibus list (chafing gear, observer/catch

Omnibus

September 2014

Agenda Item J.1.bSupplemental NMFS PowerPoint

September 2014

oNMFS Report 1

Rulemaking Plan for 2014

2014 – NMFS Report 1• 15 groundfish/halibut actions published in Federal Register to date in 2014• 16 items from omnibus list already in progress in 2014• Plus 2 additional rules not on omnibus list

(chafing gear, observer/catch monitor rules)• Seabird proposed rule published,

comment period open through 10/9• Sablefish rulemaking postponed,

target date now April 2016• Whiting clean-up rule postponed,

target date now May 2015• AMP/Pre-spex rule for January 1, 2015

Number of Federal Register notices published

2013 = 212012 = 152011 = 202010 = 262009 = 142008 = 132007 = 12

U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 3

O

oNMFS Report 2

NMFS Priorities

Criteria Priorities – NMFS Report 2

• Responding to litigation (as it arises, trumps all other priorities) • Complying with deadlines and requirements of MSA,

ESA, and other applicable law • Implementation of harvest specifications and

maintaining catch within set harvest levels• Implementation of the original FMP Amendment

provisions (e.g. Amendment 14, 20, & 22) • Maximizing conservation, social and economic benefits

consistent with the FMP and MSA


Priority Categories Priorities – NMFS Report 2

• In progress (see NMFS Report 1)• Priority 1 – must do• Priority 2 – should do• Potential priority• Post trawl 5-year review• Post EFH revisions

NOTE: Items from Council list not listed in a particular category don’t fit in criteria used (see blank cells in App. A in NMFS Report 2). Minor items not requiring further analysis may get folded in to other rulemakings (e.g., cost recovery corrections (5), posting site licenses (54)).


Priority 1B. Immediate and Long-Term Commitments

20. Inseason Management Priority 1Maintaining catch within harvest limits

21. Adopt Final Stock Assessment Plan and TOR for 2015 Priority 1Informs harvest specifications

24. Essential Fish Habitat: Phase 3 of the 5 Year Review Priority 1Conservation implications

25. Am 25: Comprehensive Ecosystem-Based Amendment Priority 1Conservation implications

27. 2015 Incidental Regulations for Pacific Halibut Priority 1Maintaining catch within harvest limits

Pacific Whiting Harvest Specifications and Set-Asides Priority 1Setting harvest specifications

28. Stock Assessments for 2017-2018 Biennium Priority 1Informs harvest specifications

29. Start of the Process to Establish 2017-2018 Specs and RegsPriority 1Setting harvest specifications

30. Electronic Monitoring Regulations Priority 1

32. Five Year Trawl Rationalization Program Review Priority 1Compliance with MSA

C. Candidate Items for Prioritization in September

39. Increase VMS Ping RatesPriority 1Conservation and enforcement implications. Responding to litigation.

45. Revise Regulations on At-Sea and Shoreside Flow ScalesPriority 1Conservation and enforcement implications

56. Cost Recovery for the Permit Stacking ProgramPriority 1Compliance with MSA

64. Management Model Review and Refinement

Priority 1Continue refinements to further improve compliance with NS, including, but not limited to, NS-1, NS-2, and NS-6

Based on:

•Responding to litigation as it arises

•Complying with federal law

•Setting and maintaining catch within harvest limits


Priority 2

A. Items on Which Council Action Has Been Completed Which Still Entail Some Workload

19. Amendment 22 - Open Access License Limitation

Priority 2Facilitate compliance with Marine Mammal Protection Act, Strategic Plan recommended


52. Widow Rockfish QS Reallocation

Priority 2Implements original Am 20 provision (i.e., either reallocate or start trading). Consider outcome of upcoming assessment

Based on:

•Implementing original FMP amendment provisions

•Maximizing conservation, economics, and utilization (in priority order) consistent with FMP and MSA



35. Rebuilding Revision Rules (signal vs. noise) Potential priorityProposed rule on NS1 guideline revisions expected late 2014

36. Further Consideration for Reorganizing Stock Complexes

Potential priorityDependent on results of stock assessments, revised PSA analysis on risk of overfishing, and new sorting requirements

41. Seabird Avoidance Devices for Vessels less than 55 feetPotential priorityDependent on research results from SeaGrant and discussions with USFWS.

58. Retain Halibut in the Sablefish Fishery (S of Pt. Chehalis)

Potential PriorityWould reduce discards and, depending on how reallocated, improve safety at sea by changes to derby-style directed fishery

60. Mid-water Sport Fishery (OR and CA)Potential PriorityEconomic benefits to local communities and improves utilization of healthy stocks

67. Reconsider Blackgill Allocation Potential priorityShould be considered with stock complex reorganization (#36)

68.Evaluate Nearshore Management Approaches, Including Deferral

Potential priorityShould be considered with stock complex reorganization (#36)

76.Require All Fishpots be Returned to Shore at the End of Each Trip

Potential priorityDependent on assessment of current regulations

Potential Priority


Post Trawl5-yearReview

• MSA requirement; Review begins in 2016• Covers Amendments 20 (trawl program)

and 21 (allocations)• Intended to determine progress toward meeting

goals of program and MSA• Review informs what aspects of the program

need changed to meet goals• Once review starts, analysis and implementation

more efficient if conduct review then use review to inform trailing actions

• Postpone work on additional trawl trailing actions beginning in 2016 until after trawl 5 year review (except electronic monitoring, harvest specifications, inseason)



• After results of the review, additional trawl trailing actions considered or goals of trawl program revised

• Could consider more comprehensive, efficiently-packaged trailing actions

• Items in this priority category as shown in table would be informed by and could be more efficiently considered after review

• Suggest planning start in mid to late 2015 and a trawl program 5-year review team be formed consisting of Council, Region, and Science Center staff and potentially TRREC or a subset of GAP



B. Immediate and Long-Term Commitments

33. QS/QP Control Rule - Safe Harbor for Risk Pools - post 5-year review Post trawl 5-yr review

34. Resolve Long-term Whiting Surplus Carryover Provision - post 5-year review Post trawl 5-yr review


38. New Dressed to Round Conversion Factors for Sablefish Post trawl 5-yr review

40. Eliminate Permit Size Endorsements Post trawl 5-yr review

43. Fishery Declaration Enhancements (With Gear Stowed and Testing Gear) Post trawl 5-yr review

44. Year Round Whiting Season and Other Modifications Post trawl 5-yr review

46. Gear Use - Multiple Gears Onboard and Use Post trawl 5-yr review

47. Remove Certain Area-Management RestrictionsPost trawl 5-yr review, Post EFH revisions

48. Remove Certain Restrictions on Trawl Gear Configuration Post trawl 5-yr review

49. Resolve Long-term Non-Whiting Surplus Carryover Provision Post trawl 5-yr review

50. Carryover when Management Units Change Post trawl 5-yr review

55. Develop Criteria for Distributing Adaptive Management Program QP

Post trawl 5-yr reviewAMP based on need in the program and determined through 5-yr review process

65. Allow Between Sector Transfer of Rockfish QP from IFQ to MS Post trawl 5-yr review

71. Allow Between Sector Transfer of Unneeded Overfished Species Post trawl 5-yr review


Post EFHRevisions

• EFH review intended to determine whether EFH protections are adequate, what new information exists, and what changes needed

• Phase 3 considers what changes needed, if any• Items in this priority category as shown in table

would be informed by and could be more efficiently considered after EFH revisions and using information from EFH review


Post EFHRevisions


37. Groundfish Conservation Areas for Rougheye Rockfish Post EFH revisions

47. Remove Certain Area-Management RestrictionsPost trawl 5-yr review, Post EFH revisions

66. Create 60-Mile Bank RCA Lines Post EFH revisions

75.Move the Seaward Non-Trawl RCA Line Closer to Shore for Pot Vessels

Post EFH revisions


Timelines Priorities – NMFS Report 2

• NMFS has limited capacity for additional items beyond Priority 1 items

• Encourage strategic, collaborative approach to moving forward


Action Jan-Mar Apr-Jun Jul-Sep Oct-Dec Jan-Mar Apr-Jun Jul-Sep Oct-DecPriority 1 Halibut incidental regulations (#27)

GF harvest spexPriority 1 inseason actions (#20)Priority 1 stock assessments (#21, 28)Priority 1 2017-2018 spex process (#29)

management model review/refinement (#64)

Priority 1 Whiting specifications

EM EFPs (#6) regulations (#30)

EFH Phase 3/regulations (#24)

5-year review - trawl program (#32)

Ecosystem amendment 25/regulations (#25)

Whiting season date change (#11)Whiting cleanup (#8)

VMS ping rate (#39)

Revise at-sea scale requirements (#45)

Sablefish Program regulations from review (#4, 10, 13, 15, 16, 17) cost recovery analysis/implementation (#56)

Widow rockfish QS reallocation (#52)

OA license limitation - Am 22 (#19)

Priority 2

Priority 2

In progress

Priority 1

In progressPriority 1

In progress

Priority 1

Priority 1

Priority 1

In progressPriority 1

Priority 1

2015 2016

ROUTI

NE

Priority category


Potential Packaging Priorities – NMFS Report 2

• Timing and packaging may vary depending on what Council prioritizes1. Example – if Council decides not to reallocate

widow, but instead move to QS trading, then workload for that item would be largely reduced

2. Example – if Council moves forward on EFH Phase 3 and any resulting revisions, then larger closed area changes could be considered in conjunction with EFH changes.

• Come back in Nov with potential packaging


Recommendations Priorities – NMFS Report 2

• Commit to focusing effort on NMFS Priority 1 items over 2015/2016

• Consider closed area changes in conjunction with or after any changes resulting from Essential Fish Habitat Phase 3

• Postpone work on additional trawl trailing actions beginning in 2016 until after trawl 5 year review (except EM, harvest specifications, inseason)

• Consider forming a trawl program 5-year review team consisting of Council, Region, and Science Center staff and potentially TRREC or a subset of GAP

• Under future Council meeting planning, add:1. Potential packaging for management changes in Nov 20142. Trawl program 5-year review planning for mid to late 2015


Questions?


Documents

Omnibus - Pacific Fishery Management Council€¢ 16 items from omnibus list already in progress in 2014 • Plus 2 additional rules not on omnibus list (chafing gear, observer/catch