Proposed Rule2023-00053
Fisheries Off West Coast States; Highly Migratory Fisheries; Amendment 6 to Fishery Management Plan for West Coast Highly Migratory Species Fisheries; Authorization of Deep-Set Buoy Gear
Primary source
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Published
January 9, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 6 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The intent of Amendment 6 is to authorize deep-set buoy gear (DSBG) as a legal gear type for targeting highly migratory species (HMS) off the U.S. West Coast, and to establish management measures, a permitting program, and a standardized bycatch reporting methodology (SBRM) for this fishery. The amendment is expected to affect harvest levels of swordfish by authorizing an additional gear type for commercial harvest of HMS in Federal waters off the U.S. West Coast. The Council transmitted the draft Amendment to NMFS on December 21, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 5 (Monday, January 9, 2023)</title>
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[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Proposed Rules]
[Pages 1171-1172]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00053]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BK09
Fisheries Off West Coast States; Highly Migratory Fisheries;
Amendment 6 to Fishery Management Plan for West Coast Highly Migratory
Species Fisheries; Authorization of Deep-Set Buoy Gear
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of an amendment to a fishery management
plan; request for comments.
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SUMMARY: NMFS announces that the Pacific Fishery Management Council
(Council) has submitted Amendment 6 to the Fishery Management Plan for
U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for
review by the Secretary of Commerce. The intent of Amendment 6 is to
authorize deep-set buoy gear (DSBG) as a legal gear type for targeting
highly migratory species (HMS) off the U.S. West Coast, and to
establish management measures, a permitting program, and a standardized
bycatch reporting methodology (SBRM) for this fishery. The amendment is
expected to affect harvest levels of swordfish by authorizing an
additional gear type for commercial harvest of HMS in Federal waters
off the U.S. West Coast. The Council transmitted the draft Amendment to
NMFS on December 21, 2022.
DATES: Comments on Amendment 6 must be received by March 10, 2023 to be
considered in the decision whether to approve, disapprove, or partially
approve Amendment 6.
ADDRESSES: You may submit comments on this document, identified by
NOAA-
[[Page 1172]]
NMFS-2022-0141, by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to, click the ``Comment Now!''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to <a href="/cdn-cgi/l/email-protection#c3948091ed8b8e9083adaca2a2eda4acb5"><span class="__cf_email__" data-cfemail="db8c9889f59396889bb5b4babaf5bcb4ad">[email protected]</span></a>.
Instructions: Comments must be submitted by one of the above
methods to ensure they are received, documented, and considered by
NMFS. 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. 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).
Copies of the draft Amendment 6 and other supporting documents are
available via the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, docket NOAA-NMFS-2022-0141, or contact the Acting
Regional Administrator, Scott M. Rumsey, NMFS West Coast Region, 1201
NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274, or
<a href="/cdn-cgi/l/email-protection#742337265a3c3927341a1b15155a131b02"><span class="__cf_email__" data-cfemail="431400116d0b0e10032d2c22226d242c35">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, (202) 936-6162,
<a href="/cdn-cgi/l/email-protection#b9f8d4dbdccb97ebd1d6dddccaf9d7d6d8d897ded6cf"><span class="__cf_email__" data-cfemail="c687aba4a3b4e894aea9a2a3b586a8a9a7a7e8a1a9b0">[email protected]</span></a> or Rachael Wadsworth, NMFS, (206) 526-6152,
<a href="/cdn-cgi/l/email-protection#c391a2a0aba2a6afed94a2a7b0b4acb1b7ab83adaca2a2eda4acb5"><span class="__cf_email__" data-cfemail="b0e2d1d3d8d1d5dc9ee7d1d4c3c7dfc2c4d8f0dedfd1d19ed7dfc6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DSBG was initially developed off the U.S.
West Coast through a series of research trials which began in 2011 and
continued under exempted fishing permits (EFPs) beginning in 2015. The
information collected indicated that DSBG was an effective gear type
for selectively targeting swordfish with minimal bycatch and that the
gear was potentially profitable to fishermen. These promising results
led the Council to recommend that NMFS authorize DSBG as a legal gear
type for targeting HMS in the U.S. West Coast Exclusive Economic Zone
(EEZ) off California and Oregon.
The Council developed this draft amendment over a series of public
meetings. The process began with the adoption of a range of
alternatives (ROA) for federally authorized DSBG fishing in June of
2018. Later, in November 2018, the Council refined its ROA and adopted
a preliminary preferred alternative (PPA) to authorize DSBG off the
coasts of California and Washington, with a limited entry (LE)
permitting system for use of the gear within the Southern California
Bight (SCB). In September 2019, the Council adopted its final preferred
alternative (FPA) after making a few minor clarifications to its PPA,
including amending the tiered criteria of swordfish fishing experience
necessary to qualify for an LE permit. At its March 2021 Meeting, the
Council modified its FPA to clarify terms, such as ``EFP holders,'' in
the recommended tiered criteria, and specified data sources for
qualifying LE permit applicants under those tiers. The Council also
provided additional input on the permit qualification procedures (i.e.,
a one-time ranking of permit qualifiers according to tiers), and
clarified its intent to issue permits to entities, including
corporations, while prohibiting permit transfers through changes in
entity ownership. During its November 2021 meeting, the Council adopted
a standardized bycatch reporting methodology for an authorized DSBG
fishery. Finally, during its March 2022 meeting, the Council considered
additional measures for an authorized DSBG fishery related to
compliance with the Endangered Species Act, and procedures for
monitoring and management of the proposed fishery, including LE permit
ownership.
The proposed changes to the HMS FMP are described in further detail
below.
Section 6.1 would be amended to include the definition of DSBG as a
legal gear type. Both ``standard'' and ``linked'' configurations of
DSBG are described and would be authorized. Additionally, the section
would be amended to clarify that DSBG must be actively tended, in
contrast to surface hook and line gear, which does not require active
tending.
Section 6.2 would be amended to describe the LE permitting regime
for fishing DSBG within the SCB (i.e., Federal waters east of
120[deg]28'18'' W longitude). This includes language outlining the
timing and pace of permit issuance, tiered qualifying criteria
(including definitions for permit holders and vessel owners),
procedures for permit renewals, and restrictions on permit transfers.
Up to 50 permits would be issued for the first year, and up to 25
additional permits would be issued annually in subsequent years until a
maximum of 300 permits are issued. The draft amendment also describes
scenarios in which the Council or NMFS may determine that a fewer
number of permits should be issued than 300. In such a scenario, the
Council could recommend NMFS publish new regulations restricting permit
issuance based on applicable law or other considerations. Finally,
Section 6.2.1.1 describes the tiered criteria that NMFS will use to
issue permits to potential DSBG fishermen based on industry
participation history and swordfish fishing experience.
Section 6.3 would be amended to include DSBG-specific language
related to standardized bycatch reporting methodology (SBRM). This
language includes a synopsis of the gear's documented bycatch
performance, and considerations related to logbook reporting and
observer coverage in the authorized fishery. DSBG vessels would be
subject to logbook reporting requirements in the same manner as other
HMS fisheries. As an addendum to this section, Section 8.0 would also
be amended to include a reference to the Draft Environmental Impact
Statement (DEIS) analyzing the environmental and socioeconomic impacts
of DSBG authorization, which NMFS published in August 2021.
The preamble to Section 6.6 would be amended to include DSBG when
referring to HMS fishery conservation and management measures. Section
6.6.4 would also be amended to reference pending Federal regulations on
the maximum amount of gear deployed, gear tending requirements, timing
of gear deployment/retrieval, and simultaneous use of DSBG and other
gear types on a single trip.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-00053 Filed 1-6-23; 8:45 am]
BILLING CODE 3510-22-P
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