Notice2024-16004
Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Applications for Exempted Fishing Permits
Primary source
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Published
July 22, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In the spring of 2024, two exempted fishing permits (EFP) applications were submitted to NMFS to request exemption from regulations 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 economic viability of using alternative fishing practices to harvest swordfish and other HMS off the U.S. West Coast. Specifically, the applications propose fishing with standard and linked deep-set buoy gear (DSBG) at night, a practice otherwise known as night-set buoy gear (NSBG). During the June 2024 Pacific Fishery Management Council (Council) meeting, the Council made recommendations to NMFS regarding the two applications for EFPs. NMFS has determined that these applications warrant consideration and is requesting public comment on them.
Full Text
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<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
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[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Page 59065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16004]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648- XE064]
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: In the spring of 2024, two exempted fishing permits (EFP)
applications were submitted to NMFS to request exemption from
regulations 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 economic viability of using alternative fishing practices to
harvest swordfish and other HMS off the U.S. West Coast. Specifically,
the applications propose fishing with standard and linked deep-set buoy
gear (DSBG) at night, a practice otherwise known as night-set buoy gear
(NSBG). During the June 2024 Pacific Fishery Management Council
(Council) meeting, the Council made recommendations to NMFS regarding
the two applications for EFPs. NMFS has determined that these
applications warrant consideration and is requesting public comment on
them.
DATES: Comments must be submitted in writing by August 21, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0080, 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-2024-0080 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-2024-0080'' 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#0a4962786379244c6b646463646d4a64656b6b246d657c"><span class="__cf_email__" data-cfemail="7e3d160c170d50381f10101710193e10111f1f50191108">[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 the use
of standard and linked DSBG for targeting swordfish and other HMS in
Federal waters off of California and Oregon. The regulations include
various gear specification requirements and operational requirements
(e.g., prohibiting vessels from deploying their gear at night). See 50
CFR 660.715.
The two applications \1\ specifically request exemption from 50 CFR
660.715(c)(3) that limits gear deployment and retrieval to daytime
hours between sunrise and sunset. 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. This includes measures to protect sea turtles, marine
mammals, and seabirds.
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\1\ <a href="https://www.pcouncil.org/documents/2024/05/g-3-attachment-1.pdf/">https://www.pcouncil.org/documents/2024/05/g-3-attachment-1.pdf/</a>, and <a href="https://www.pcouncil.org/documents/2024/05/g-3-attachment-2.pdf/">https://www.pcouncil.org/documents/2024/05/g-3-attachment-2.pdf/</a>.
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At this time, NMFS is requesting public comment on the two NSBG EFP
applications discussed above. NMFS will consider the Council's
recommendation, along with public comments, when determining whether to
issue these EFPs.
NMFS will consider all public comments submitted in response to
this Federal Register notice prior to issuance of any EFP. NMFS has
already analyzed the effects of issuing EFPs for NSBG, in accordance
with the National Environmental Policy Act and NOAA's Administrative
Order 216-6A. NMFS has also evaluated the proposed fishing practices
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 16, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-16004 Filed 7-19-24; 8:45 am]
BILLING CODE 3510-22-P
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