Notice2022-00310
Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
Primary source
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Published
January 11, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has determined that three exempted fishing permit (EFP) applications warrant further consideration and is requesting public comment on those applications and on the Pacific Fishery Management Council's (Council) recommendations following its September 2021 meeting. The EFP applicants request an exemption from a prohibition on the use of unauthorized gear to harvest highly migratory species (HMS) under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The purpose of this exemption is to test the effects and efficacy of using new or alternative gear types to harvest swordfish and other HMS off of the U.S. West Coast.
Full Text
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<title>Federal Register, Volume 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1401-1402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00310]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB526]
Magnuson-Stevens Fishery Conservation and Management Act; General
Provisions for Domestic Fisheries; Application for Exempted Fishing
Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 1402]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS has determined that three exempted fishing permit (EFP)
applications warrant further consideration and is requesting public
comment on those applications and on the Pacific Fishery Management
Council's (Council) recommendations following its September 2021
meeting. The EFP applicants request an exemption from a prohibition on
the use of unauthorized gear to harvest highly migratory species (HMS)
under the Fishery Management Plan for U.S. West Coast Fisheries for
Highly Migratory Species (HMS FMP). The purpose of this exemption is to
test the effects and efficacy of using new or alternative gear types to
harvest swordfish and other HMS off of the U.S. West Coast.
DATES: Comments must be submitted in writing by February 10, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0106, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter [NOAA-NMFS-2021-0106] in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Chris Fanning, NMFS West
Coast Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Include the identifier ``NOAA-NMFS-2021-0106'' in the comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#d1a6b2a3ffb9bca291bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="493e2a3b6721243a0927262828672e263f">[email protected]</span></a>.
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 will 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast
Region, 562-980-4198.
SUPPLEMENTARY INFORMATION: Under the HMS FMP, Deep-Set Buoy Gear (DSBG)
and midwater snap gear are not identified as legal commercial fishing
gears. Use of these gears is currently only authorized under individual
EFPs issued by NMFS upon the recommendation of the Council. At its June
2021 meeting, the Council reviewed 10 applications for HMS EFPs. The
Council recommended that NMFS issue seven of the EFPs to authorize the
use of DSBG and/or Deep-Set Linked Buoy Gear and that the Council
consider the remaining three EFP applications (submitted by Mr.
Bateman, Mr. Brown, and Mr. Perez) \1\ at its September 2021 meeting.
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\1\ See <a href="https://www.pcouncil.org/june-2021-briefing-book/#F">https://www.pcouncil.org/june-2021-briefing-book/#F</a>
(F.3. Attachment 4, F.3. Attachment 4, and F.3. Attachment 9).
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Regarding Mr. Brown and Mr. Bateman's EFP applications, the Council
recommended in September 2021 that NMFS issue a single EFP covering the
activities proposed in both applications and identifying the gear-type
as ``midwater snap gear.'' The Council further recommended that the EFP
incorporate in its Terms and Conditions the protective measures
described in the California Department of Fish and Wildlife Report \2\
(but with a maximum of 150 hooks per set rather than the 75 hooks
stated in the report), as well as the measures described in the
Enforcement Consultant Committee Report.\3\
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\2\ See <a href="https://www.pcouncil.org/documents/2021/09/d-3-a-revised-supplemental-cdfw-report-1.pdf/">https://www.pcouncil.org/documents/2021/09/d-3-a-revised-supplemental-cdfw-report-1.pdf/</a>.
\3\ See <a href="https://www.pcouncil.org/documents/2021/09/d-3-a-supplemental-ec-report-1.pdf/">https://www.pcouncil.org/documents/2021/09/d-3-a-supplemental-ec-report-1.pdf/</a>.
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Regarding Mr. Perez's application, the Council did not take action
on the portion of the application that requested authorization for
fishing with DSBG and Night-Set Buoy Gear (NSBG) in selected areas in
California state waters, as a Federal EFP is not applicable for
activities in state waters. The Council did, however, recommend
reissuance of Mr. Perez's existing EFP for activities in Federal
waters, which would authorize the use of NSBG inside the U.S. Exclusive
Economic Zone (EEZ). Council recommendations can be found in the
September 2021 Council meeting Decision Document.\4\
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\4\ See <a href="https://www.pcouncil.org/september-2021-decision-document/#HMS">https://www.pcouncil.org/september-2021-decision-document/#HMS</a>.
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At this time, NMFS is requesting public comment on the EFP
applications from Mr. Bateman and Mr. Brown and the recommendations of
the Council during its September 2021 meeting related to those two
applications. NMFS is also requesting public comment regarding the
reissuance of Mr. Perez's existing EFP. NMFS will take the Council's
recommendations into consideration along with public comments on how
and whether to issue the EFPs. If NMFS issues EFPs based on the
September 2021 Council recommendations, a total of five vessels could
be allowed to fish with midwater snap gear, and one vessel with NSBG,
inside the U.S. EEZ. Vessels fishing under an EFP would be subject to
existing regulations, including measures to mitigate interactions with
protected species.
NMFS will consider all public comments submitted in response to
this Federal Register notice prior to issuance of any EFP included in
this notice. Additionally, NMFS will analyze the effects of issuing the
EFPs in accordance with the National Environmental Policy Act and
NOAA's Administrative Order 216-6, as well as for compliance with other
applicable laws, including Section 7(a)(2) of the Endangered Species
Act (16 U.S.C. 1531 et seq.), which requires the agency to consider
whether the proposed action is likely to jeopardize the continued
existence and recovery of any endangered or threatened species or
result in the destruction or adverse modification of critical habitat.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 6, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-00310 Filed 1-10-22; 8:45 am]
BILLING CODE 3510-22-P
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