Notice2023-25319
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Exempted Fishing Permit Application
Primary source
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Published
November 16, 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 that seeks exemption from the requirements at requiring vessel owners and operators to retain sablefish, rex sole, Pacific sanddab and California halibut when on a declared optimized retention bottom trawl or non-whiting midwater trawl trip. At this time, NMFS is considering allowing participants in the EFP to add sablefish and rex sole to their Vessel Monitoring Plans' (VMP) allowable discard list. NMFS does not expect to add the other two species to this EFP because Pacific sanddab is already listed as an allowable discard, thus no exemption is needed, and NMFS intends to address California halibut discard rules through a future regulatory change rather than an EFP. NMFS requests public comment on the application.
Full Text
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<title>Federal Register, Volume 88 Issue 220 (Thursday, November 16, 2023)</title>
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[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78729-78730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25319]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD530]
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; 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 that seeks exemption from the
requirements at requiring vessel owners and operators to retain
sablefish, rex sole, Pacific sanddab and California halibut when on a
declared optimized retention bottom trawl or non-whiting midwater trawl
trip. At this
[[Page 78730]]
time, NMFS is considering allowing participants in the EFP to add
sablefish and rex sole to their Vessel Monitoring Plans' (VMP)
allowable discard list. NMFS does not expect to add the other two
species to this EFP because Pacific sanddab is already listed as an
allowable discard, thus no exemption is needed, and NMFS intends to
address California halibut discard rules through a future regulatory
change rather than an EFP. NMFS requests public comment on the
application.
DATES: Comments must be received by December 1, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0143 by the following method:
<bullet> Electronic Submissions: Submit all 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-2023-0143 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="https://www.regulations.gov">https://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).
FOR FURTHER INFORMATION CONTACT: Matt Dunlap, West Coast Region, NMFS,
(206) 526-6119, <a href="/cdn-cgi/l/email-protection#462b2732322e2331682233282a2736062829272768212930"><span class="__cf_email__" data-cfemail="cfa2aebbbba7aab8e1abbaa1a3aebf8fa1a0aeaee1a8a0b9">[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 EFPs 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 electronic monitoring (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.
The EFP applicant, California Groundfish Collective, seeks to add
sablefish, rex sole, Pacific sanddab and California halibut to the
allowable discard list for EFP participants for 2024, just as these
species have been allowable discards in the 2023 EM EFP. Extending the
allowable discarding of sablefish and rex sole into 2024 via an EFP
will provide data that could be used by the Council and NMFS to make
informed decisions on refining EM discard regulations. NMFS does not
expect to include Pacific sanddab in the EFP because that species is
already an allowable discard in the regulations. NMFS expects to
address California halibut discard rules via a future regulatory
change, not an EFP. The EFP application is for approximately 20 trawl
gear vessels that use EM. Additional EFP participants that join EM
under the regulatory program may apply at a later date.
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 application described above contains all of the required
information and, at least in part, constitutes 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 Pacific Coast Groundfish Fishery Management Plan and the
regulations implementing the Magnuson-Stevens Fishery Conservation and
Management Act at 50 CFR 600.745, which states that EFPs may be used to
authorize fishing activities that would otherwise be prohibited.
Dated: November 13, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-25319 Filed 11-15-23; 8:45 am]
BILLING CODE 3510-22-P
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