Notice2021-26959
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Exempted Fishing Permit Applications
Primary source
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Published
December 14, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Regional Administrator, West Coast Region, NMFS, has made a preliminary determination that applications received from Exempted Fishing Permit (EFP) sponsors to renew the Electronic Monitoring EFP program warrant further consideration. NMFS requests public comment on the applications.
Full Text
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<title>Federal Register, Volume 86 Issue 237 (Tuesday, December 14, 2021)</title>
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[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71044-71045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26959]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB577]
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Exempted Fishing Permit Applications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The Regional Administrator, West Coast Region, NMFS, has made
a preliminary determination that applications received from Exempted
Fishing Permit (EFP) sponsors to renew the Electronic Monitoring EFP
program warrant further consideration. NMFS requests public comment on
the applications.
DATES: Comments must be received by December 29, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0115, by the following method:
<bullet> Electronic Submissions: Submit all public comments via the
Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter NOAA-
NMFS-2021-0115 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments. The
EFP applications will be available under Supporting and Related
Materials through the same link.
<bullet> Instructions: Comments must be submitted by the above
method to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method or received after
the end of the comment period, may not be considered. All comments
received are a part of the public record and will generally be posted
for public viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal
identifying information (e.g., name, address, etc.) submitted
voluntarily by the sender will be publicly accessible. Do not submit
confidential business information, or otherwise sensitive or protected
information. NMFS will accept anonymous comments (enter ``N/A'' in the
required fields if you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Justin Kavanaugh, West Coast Region,
NMFS, (206) 526-4140, <a href="/cdn-cgi/l/email-protection#472d3234332e29692c263126292632202f072928262669202831"><span class="__cf_email__" data-cfemail="600a151314090e4e0b0116010e01150708200e0f01014e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action is consistent with Pacific Coast
Groundfish Fishery Management Plan and the regulations implementing the
Magnuson-Stevens Fishery Conservation and Management Act at 50 CFR
600.745, which state that EFPs may be used to authorize fishing
activities that would otherwise be prohibited.
On January 2, 2015 (80 FR 30), NMFS announced notice of receipt of
four EFP applications to test electronic monitoring (EM) in lieu of
human observers. NMFS approved the EFPs in 2015 and renewed them
annually in subsequent years through 2021, in order to further test the
feasibility and cost-effectiveness of the EM EFP program.
On June 28, 2019 (84 FR 31146), at the recommendation of the
Pacific Fishery Management Council (Council), NMFS published a final
rule that authorized the use of EM in place of human observers to meet
requirements for 100-percent at-sea monitoring for catcher vessels in
the groundfish trawl catch share fishery (Trawl Rationalization
Program). EM video systems are used to record catch and discards by the
vessel crew while at sea. Vessel operators are responsible for
recording catch and discards in a logbook, which is then used to debit
individual fishing quota (IFQ) accounts and cooperative allocations.
Recently, the Council recommended, and NMFS implemented, a delay to the
start of the regulatory program (86 FR 55525; October 6, 2021). The
Council recommended the renewal of the EM EFPs during this delay to
provide more time for industry and the Pacific States Marine Fisheries
Commission (PSMFC) to test a model for industry to fund PSMFC for
review of video from their fishing trips and to further evaluate the
costs of the regulatory program. PSMFC has been reviewing video data
from the experimental EM EFP program, funded by NMFS, since 2015.
NMFS received applications to renew the EM EFPs for 2022 and 2023.
A summary of each EFP application is provided below.
[[Page 71045]]
<bullet> California Groundfish Collective EM EFP: In partnership
with the Nature Conservancy, eligible vessels participating in the
Collective would further test the feasibility of using at-sea EM for
vessels using fixed gear or bottom trawl gear types. Fixed gear will
operate under maximized retention and bottom trawl gear will operate
under optimized retention. All fishing will be conducted south of Cape
Mendocino, CA. Fishing may target all species authorized by the Trawl
Rationalization Program. The applicants have not requested any
exemptions from quota limits, or gear or area restrictions, and all
catch will be covered by the vessels' IFQ, Individual Bycatch Quota
(IBQ), or cooperative allocation. According to the applicants, the EFP
renewal aims to achieve five goals:
1. Identify individual and overall cost components of implementing
EM on fixed gear and bottom trawl vessels.
2. Establish best practices for discard control points on bottom
trawl vessels using optimized retention.
3. Establish best practices for discard protocols, particularly for
non-IFQ species and flor low-attainment IFQ species that are
identifiable.
4. Identify improvements to EM systems and protocols to inform
regulations that will allow for the use of EM.
5. Inform determination of final steps to implement EM for
accountability in a way that will provide economic relief and
operational flexibility to the groundfish IFQ program while maintaining
individual accountability and the integrity of the IFQ program.
<bullet> Fixed Gear EM EFP: Under this EFP renewal, eligible fixed
gear vessels with a trawl-endorsed groundfish limited entry permit
assignment would continue to test the economic and operational
feasibility of using EM in lieu of human observers for 100 percent at-
sea monitoring of groundfish IFQ trips. The applicants seek to lower
operating costs and identify more flexible catch handling methods under
the renewed EFP. Applicants will target species authorized by the Trawl
Rationalization Program, specifically sablefish (North and South of 36
degrees) off the coasts of Washington, Oregon, and California. The
applicants have not requested any exemptions from quota limits, or gear
or area restrictions, and all catch will be covered by the vessels'
IFQ, IBQ, or cooperative allocation.
<bullet> Trawl Gear EM EFP: The Midwater Trawlers Cooperative and
United Catcher Boats seek to continue testing the cost-effectiveness
and operational efficiency of using EM in lieu of human observers while
still providing the required 100 percent monitoring of catch and
discards, for at-sea mothership catcher vessels and vessels delivering
shoreside. Additionally, the application incorporates the midwater non-
whiting and bottom trawl gears for EM EFP trips. The use of EM for
bottom trawl gear was previously evaluated under the Leipzig EM EFP,
which first began in 2015. Under the new sponsorship, bottom trawl EM
trips would be tested under this overarching EFP. Fishing may occur in
all times and locations, using all gear types, and targeting species
authorized by the Trawl Rationalization Program. The applicants have
not requested any exemptions from quota limits, or gear or area
restrictions, and all catch will be covered by the vessels' IFQ, IBQ,
or cooperative allocation.
The Regional Administrator has made a preliminary determination
that the applications described above contain all of the required
information and constitute an activity appropriate for further
consideration. Following the conclusion of the public comment period
and review of public comment, NMFS may approve and issue permits for
the EFP projects. If approved, NMFS intends to issue the permits for
two years, 2022 and 2023, without issuing another Federal Register
notice. NMFS would issue the permits for the EFP project 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 achieve the EM EFP goals and improve the
program without issuing another Federal Register notice, provided that
the modifications fall within the scope of the impacts of the original
EFP.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 8, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-26959 Filed 12-13-21; 8:45 am]
BILLING CODE 3510-22-P
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