Notice2023-08731
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Notice for Exempted Fishing Permit Application
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 26, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Regional Administrator, West Coast Region, NMFS, announces receipt of an exempted fishing permit (EFP) application, and is considering issuance of an EFP for a third party Electronic Monitoring (EM) provider who would provide EM services for vessels participating in the existing EM EFP fisheries, and also to the vessels participating in this EFP. NMFS requests public comment on the application.
Full Text
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<title>Federal Register, Volume 88 Issue 80 (Wednesday, April 26, 2023)</title>
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[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25380-25381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08731]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC943]
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Notice for Exempted Fishing Permit Application
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, announces
receipt of an exempted fishing permit (EFP) application, and is
considering issuance of an EFP for a third party Electronic Monitoring
(EM) provider who would provide EM services for vessels participating
in the existing EM EFP fisheries, and also to the vessels participating
in this EFP. NMFS requests public comment on the application.
DATES: Comments must be received by May 11, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0063 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-2023-0063 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments. The
EFP application 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
[[Page 25381]]
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: Matt Dunlap, West Coast Region, NMFS,
(206) 316-7944, <a href="/cdn-cgi/l/email-protection#2a474b5e5e424f5d044e5f44464b5a6a44454b4b044d455c"><span class="__cf_email__" data-cfemail="127f7366667a77653c76677c7e7362527c7d73733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action is authorized by the 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 exempted fishing permits (EFP)
may be used to authorize fishing activities that would otherwise be
prohibited.
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.
The Council recommended, and NMFS implemented, a delay to the start of
the regulatory program (86 FR 5525, October 6, 2021) until January
2024.
FlyWire, the EFP applicant, seeks to test the third party EM
service provider model during the delay, as described in the EM program
manual and associated guidelines and under 50 CFR 660.603 and 660.604.
The West Coast EM regulatory program established requirements for
vessel owners and operators, standards for EM systems, and protocols
for handling catch while using EM systems in the Catch Share Program.
The EM program also established requirements for third party EM Service
Providers, which are companies tasked with providing EM services to the
fleet. EM service providers are responsible for the installation and
technical support of EM systems, and the collection and review of EM
video data. EM vessels submit logbooks to report catch and discard
information to NOAA Fisheries, and video data is used to audit logbooks
to ensure information is accurately reported. If approved, the
applicant would test alternative catch handling approaches for bottom
trawl designed to reduce the time and labor burden for vessel crew, in
addition to testing the third party model in the maximized retention
Pacific whiting fleet. The applicant anticipates providing EM services
to approximately five vessels that would participate in the EFP. While
the applicant seeks an exemption from the requirement for vessels to
carry an at-sea observer, all catch and effort would be covered by
existing Individual Fishing Quota, Coop allocations, and associated
National Environmental Policy Act and Endangered Species Act analyses.
Observers will be required for initial ``shakedown'' cruises, but an
observer exemption will be granted for this EFP if the equipment and
vessel monitoring plans are consistent with the existing EM EFP
guidelines.
If approved, NMFS would issue the permits for the EFP project to
the applicant and vessel owners or designated representatives as the
``EFP holder.'' NMFS intends to use an adaptive management approach in
which NMFS may revise requirements and protocols to improve the program
without issuing another Federal Register notice, provided that the
modifications fall within the scope of the original EFP. NMFS would
also accept additional applications to participate in the same, or
similar, exempted fishing activity.
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. After publication of this document in the Federal
Register, and review and consideration of any public comments received,
NMFS may approve and issue permits for the EFP project. NMFS may
approve the application in its entirety or may make any alterations
needed to achieve the goals of the EFP.
Authority: 16 U.S.C. 1801 et seq.; 50 CFR 600.745. This action is
authorized by the 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 exempted fishing
permits (EFP) may be used to authorize fishing activities that would
otherwise be prohibited.
Dated: April 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-08731 Filed 4-25-23; 8:45 am]
BILLING CODE 3510-22-P
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