Notice2023-22095
Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits
Primary source
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Published
October 5, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
During the June 2023 Pacific Fishery Management Council (Council) meeting, the Council made several recommendations to NMFS regarding applications received in 2022 and 2023 for exempted fishing permits (EFPs). All EFP applicants request exemptions from regulatory provisions pertaining to the use of authorized gear types under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The applicants propose to test the effects and efficacy of using alternative fishing practices to harvest swordfish and other HMS off of the U.S. West Coast. The applications include requests to fish with a range of gear configurations including modified standard and linked daytime deep-set buoy gear (DSBG), night- set buoy gear, and extended linked buoy gear. The Council reviewed these applications and made recommendations to NMFS at their June and September meetings in 2022 and 2023. NMFS has determined that these applications warrant further consideration and is requesting public comment on them.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69143-69144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22095]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD255]
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: During the June 2023 Pacific Fishery Management Council
(Council) meeting, the Council made several recommendations to NMFS
regarding
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applications received in 2022 and 2023 for exempted fishing permits
(EFPs). All EFP applicants request exemptions from regulatory
provisions pertaining to the use of authorized gear types under the
Fishery Management Plan for U.S. West Coast Fisheries for Highly
Migratory Species (HMS FMP). The applicants propose to test the effects
and efficacy of using alternative fishing practices to harvest
swordfish and other HMS off of the U.S. West Coast. The applications
include requests to fish with a range of gear configurations including
modified standard and linked daytime deep-set buoy gear (DSBG), night-
set buoy gear, and extended linked buoy gear. The Council reviewed
these applications and made recommendations to NMFS at their June and
September meetings in 2022 and 2023. NMFS has determined that these
applications warrant further consideration and is requesting public
comment on them.
DATES: Comments must be submitted in writing by November 6, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0116, by any of the following methods:
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-2023-0116 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
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-2023-0116'' in the comments.
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 generally be posted for public viewing on
<a href="https://www.regulations.gov">https://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, <a href="/cdn-cgi/l/email-protection#3073584259431e76515e5e595e57705e5f51511e575f46"><span class="__cf_email__" data-cfemail="99daf1ebf0eab7dff8f7f7f0f7fed9f7f6f8f8b7fef6ef">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 8, 2023, NMFS published a final rule
implementing Amendment 6 to the HMS FMP (88 FR 29545). These
regulations, which became effective on June 7, 2023, authorize standard
and linked DSBG as an additional gear type for catching swordfish and
other HMS in federal waters off of California and Oregon and include
various gear specification requirements (e.g., prohibiting vessels from
deploying more than 10 pieces of standard or linked DSBG, in total, at
one time), operational requirements (e.g., prohibiting vessels from
deploying their gear at night), and geographic area restrictions (e.g.,
prohibiting fishing with DSBG in federal waters within the Southern
California Bight without a limited entry permit). See 50 CFR 660.715.
At its September 2022 meeting, the Council deferred a
recommendation on 4 applications \1\ seeking increases in the number of
pieces of DSBG simultaneously deployed from the current limit of 10
pieces, until a later date when more information would be available.\2\
In June of 2023, the Council further recommended that NMFS not issue
EFPs for testing simultaneous deployment of more than 10 pieces of
standard or linked DSBG or night-set buoy gear (NSBG), including the
four applications submitted to the Council in 2022 for this purpose,\1\
and an application from Perez, Krebs, and Mintz considered at the June
2023 meeting,\3\ until the authorized fishery has been operational for
2 seasons.\4\
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\1\ <a href="https://www.pcouncil.org/documents/2022/08/i-3-attachment-2-revised-efp-application-from-k-honings.pdf/">https://www.pcouncil.org/documents/2022/08/i-3-attachment-2-revised-efp-application-from-k-honings.pdf/</a>.
<a href="https://www.pcouncil.org/documents/2022/08/i-3-attachment-3-efp-application-from-k-jacobs-t-gomez.pdf/">https://www.pcouncil.org/documents/2022/08/i-3-attachment-3-efp-application-from-k-jacobs-t-gomez.pdf/</a>.
<a href="https://www.pcouncil.org/documents/2022/08/i-3-attachment-4-revised-efp-application-from-s-mintz.pdf/">https://www.pcouncil.org/documents/2022/08/i-3-attachment-4-revised-efp-application-from-s-mintz.pdf/</a>.
<a href="https://www.pcouncil.org/documents/2022/08/i-3-attachment-5-revised-efp-application-from-n-perez.pdf/">https://www.pcouncil.org/documents/2022/08/i-3-attachment-5-revised-efp-application-from-n-perez.pdf/</a>.
\2\ <a href="https://www.pcouncil.org/september-2022-decision-summary-document/">https://www.pcouncil.org/september-2022-decision-summary-document/</a>.
\3\ <a href="https://www.pcouncil.org/documents/2023/06/j-3-attachment-1-efp-application-from-nathan-perez-donald-krebs-and-stephen-mintz.pdf/">https://www.pcouncil.org/documents/2023/06/j-3-attachment-1-efp-application-from-nathan-perez-donald-krebs-and-stephen-mintz.pdf/</a>.
\4\ <a href="https://www.pcouncil.org/june-2023-decision-summary-document/">https://www.pcouncil.org/june-2023-decision-summary-document/</a>.
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Also in June 2023, the Council recommended that NMFS:
<bullet> Extend Mr. Nathan Perez's NSBG EFP for another 2 years.\5\
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\5\ <a href="https://www.pcouncil.org/documents/2023/06/j-3-attachment-3-request-from-nathan-perez-to-extend-his-current-nsbg-efp-and-include-donald-krebs.pdf/">https://www.pcouncil.org/documents/2023/06/j-3-attachment-3-request-from-nathan-perez-to-extend-his-current-nsbg-efp-and-include-donald-krebs.pdf/</a>.
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<bullet> Approve the 2022 PIER EFP application for Extended-Linked
Buoy Gear (XLBG) with 100 percent observer coverage until NMFS
determines enough data have been collected, with a minimum of 10
observed sets per vessel.\6\
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\6\ <a href="https://www.pcouncil.org/documents/2022/08/i-3-attachment-6-efp-application-from-pier.pdf/">https://www.pcouncil.org/documents/2022/08/i-3-attachment-6-efp-application-from-pier.pdf/</a>.
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Additionally, for consideration at the September 2023 Council
Meeting, the Council requested Mr. Krebs clarify that his request is
for his own EFP rather than a modification of another EFP.\7\ Mr. Krebs
confirmed that his request is for his own EFP, and the Council
subsequently recommended that NMFS issue an EFP to Mr. Krebs to fish
night-set buoy gear.
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\7\ <a href="https://www.pcouncil.org/documents/2023/06/j-3-attachment-2-efp-application-from-donald-krebs.pdf/">https://www.pcouncil.org/documents/2023/06/j-3-attachment-2-efp-application-from-donald-krebs.pdf/</a>.
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At this time, NMFS is requesting public comment on the DSBG EFP
applications discussed above. NMFS will take the Council's comments
into consideration along with public comments on whether to issue these
EFPs. Aside from the regulatory exemptions being sought for the
proposed activities in the applications described above, vessels
fishing under an EFP would be subject to all other regulations
implemented at 50 CFR part 660, subpart K and 50 CFR part 300, subpart
C, 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 will analyze the effects of issuing EFPs in
accordance with the National Environmental Policy Act and NOAA's
Administrative Order 216-6A, 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: September 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22095 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-22-P
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