Notice2022-16399
Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits
Primary source
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Published
August 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has determined that eight exempted fishing permit (EFP) applications warrant further consideration and is requesting public comment on the applications. All EFP applicants request an exemption from a single prohibition (the use of unauthorized gear to harvest highly migratory species (HMS)) under the Fishery Management Plan for the United States (U.S.) West Coast Fisheries for Highly Migratory Species (HMS FMP) to test the effects and efficacy of using standard deep-set buoy gear (DSBG), and/or deep-set linked buoy gear (DSLBG), 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 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Page 46945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16399]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC123]
Magnuson-Stevens Fishery Conservation and Management Act; General
Provisions for Domestic Fisheries; Applications for Exempted Fishing
Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS has determined that eight exempted fishing permit (EFP)
applications warrant further consideration and is requesting public
comment on the applications. All EFP applicants request an exemption
from a single prohibition (the use of unauthorized gear to harvest
highly migratory species (HMS)) under the Fishery Management Plan for
the United States (U.S.) West Coast Fisheries for Highly Migratory
Species (HMS FMP) to test the effects and efficacy of using standard
deep-set buoy gear (DSBG), and/or deep-set linked buoy gear (DSLBG), to
harvest swordfish and other HMS off of the U.S. West Coast.
DATES: Comments must be submitted in writing by August 31, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0063, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2022-0063 Click the ``Comment'' icon, complete the
required fields, and enter or attach your comments. EFP applications
will be available under Relevant Documents through the same link.
<bullet> Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier
``NOAA-NMFS-2022-0063'' in the comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#186f7b6a3670756b5876777979367f776e"><span class="__cf_email__" data-cfemail="b8cfdbca96d0d5cbf8d6d7d9d996dfd7ce">[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: DSBG fishing trials have occurred for the
past 11 years (2011-2015, research years; 2015-2021, EFP years) in the
U.S. West Coast Exclusive Economic Zone (EEZ) off California. The data
collected from this fishing activity have demonstrated DSBG to achieve
about a 95 percent marketable catch composition. Non-marketable catch
rates have remained low and all non-marketable catch were released
alive. Due to DSBG being actively tended, strikes are capable of being
detected within minutes of a hooking on the line; as a result, all
catches can be tended quickly, with catch brought to the vessel in good
condition. To date, DSBG has had five observed or reported interactions
with protected species, four Northern elephant seals and one loggerhead
sea turtle, which were not seriously injured and were released alive
due to the quick strike detection of the gear. Northern elephant seals
are protected by the Marine Mammal Protection Act, and loggerhead sea
turtles are protected by the Endangered Species Act.
DSLBG trials have produced similar data to DSBG activities.
Swordfish and other marketable species have represented about 90
percent of the catch. Non-marketable species are released alive due to
DSLBG quick strike detection and active gear tending. To date, there
have been no observed or reported interactions with protected species
using DSLBG.
At its June 2022 meeting, the Pacific Fishery Management Council
(Council) received fourteen applications for EFPs in time for review
and recommended that NMFS issue eight of these EFPs to authorize use of
DSBG and/or DSLBG and recommended further Council consideration of the
remaining six EFP applications at its September 2022 meeting. Council
recommendations can be found on the June 2022 meeting Decision Document
here, <a href="https://www.pcouncil.org/june-2022-decision-summary-document/#highly-migratory-species-toc-745c05cb-bb34-4795-a2fd-4ef546ec7a96">https://www.pcouncil.org/june-2022-decision-summary-document/#highly-migratory-species-toc-745c05cb-bb34-4795-a2fd-4ef546ec7a96</a>.
At this time, NMFS is requesting public comment on the eight DSBG
EFP applications recommended by the Council in June 2022. NMFS will
take the Council's comments into consideration along with public
comments on whether or not to issue these EFPs. If all eight of the
June 2022 Council recommended applications are approved, a total of 59
vessels would be allowed to fish with permitted exemptions from the
prohibitions related to unauthorized fishing gears used to target
swordfish within the U.S. EEZ under the HMS FMP throughout the duration
of their respective EFPs. Forty-two of the vessels would be permitted
to fish with DSBG only, and 17 of the vessels would be permitted to
fish using both DSBG and DSLBG. Aside from the exemption described
above, vessels fishing under an EFP would be subject to all other
regulations implemented in the HMS FMP, including measures to protect
sea turtles, marine mammals, and seabirds.
NMFS will consider all public comments submitted in response to
this Federal Register notice prior to issuance of any EFP.
Additionally, NMFS has analyzed the effects of issuing DSBG and DSLBG
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: July 27, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-16399 Filed 7-29-22; 8:45 am]
BILLING CODE 3510-22-P
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