[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11839-11840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5694]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 030404G]


Fisheries Off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Application for an Exempted Fishing 
Permit

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of the receipt of an exempted fishing permit (EFP)

[[Page 11840]]

application; announcement of the intent to issue the EFP; request for 
comments.

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SUMMARY: NMFS announces the receipt of an application, and the intent 
to issue EFPs for vessels participating in an observation program to 
monitor the incidental take of salmon and groundfish in the shore-based 
component of the Pacific whiting fishery. The EFPs are necessary to 
allow trawl vessels fishing for Pacific whiting to delay sorting their 
catch, and thus to retain prohibited species and groundfish in excess 
of cumulative trip limits until the point of offloading. These 
activities are otherwise prohibited by Federal regulations.

DATES: Comments must be received by March 29, 2004. The EFPs will be 
effective no earlier than April 1, 2004, and will expire no later than 
May 31, 2005, but could be terminated earlier under terms and 
conditions of the EFPs and other applicable laws.

ADDRESSES: Send comments or request for copies of the EFP application 
to Becky Renko, Northwest Region, NMFS, 7600 Sand Point Way N.E., Bldg. 
1, Seattle, WA 98115 0070 or email [email protected]. 
Comments sent via email, including all attachments, must not exceed a 
10 megabyte file size.

FOR FURTHER INFORMATION CONTACT: Becky Renko or Carrie Nordeen at (206) 
526 6150.

SUPPLEMENTARY INFORMATION: This action is authorized by the Magnuson-
Stevens Fishery Conservation and Management Act provisions at 50 CFR 
600.745 which states that EFPs may be used to authorize fishing 
activities that would otherwise be prohibited. At the November 2003 
Pacific Fishery Management Council (Council) meeting in Del Mar, 
California, NMFS received an application for these EFPs from the States 
of Washington, Oregon, and California. An opportunity for public 
testimony was provided during the Council meeting. The Council 
recommended that NMFS issue the EFPs, as requested by the States.
    Issuance of these EFPs, to about 40 vessels, will continue an 
ongoing program to collect information on the incidental catch of 
salmon and groundfish in whiting harvests delivered to shore-based 
processing facilities by domestic trawl vessels. Because whiting 
deteriorates rapidly, it must be handled quickly and immediately 
chilled to maintain the quality. As a result, many vessels dump catch 
directly or near directly into the hold and are unable to effectively 
sort their catch.
    The issuance of EFPs will allow vessels to delay sorting of 
groundfish catch in excess of cumulative trip limits and prohibited 
species until offloading. These activities are otherwise prohibited by 
regulation. For 2004, video cameras that are provided by NMFS, will be 
used to monitor full retention at sea. Information gathered from video 
cameras may be used to assess the effectiveness of video monitoring for 
full retention monitoring programs.
    Delaying sorting until offloading will allow samplers located at 
the processing facilities to collect incidental catch data for total 
catch estimates and will enable whiting quality to be maintained. 
Without an EFP, groundfish regulations at 50 CFR 660.306(b) require 
vessels to sort their prohibited species catch and return them to sea 
as soon as practicable with minimum injury. Similarly, regulations at 
50 CFR 660.306(f) prohibit the retention of groundfish in excess of the 
published trip limits.
    In addition to providing information that will be used to monitor 
the attainment of the shore-based whiting allocation, information 
gathered through these EFPs is expected to be used in a future 
rulemaking. For 2005, NMFS intends to implement, through federal 
regulation, a monitoring program for the shore-based Pacific whiting 
fleet. The Council recommended using EFPs only until a permanent 
monitoring program can be developed and implemented. NMFS is developing 
a preliminary draft Environmental Assessment which includes a range of 
alternative monitoring systems for the shore-based Pacific whiting 
fishery. At its September 2003 meeting, the Council considered a 
preliminary range of alternatives for a monitoring program which focus 
on three major issues: (1) the monitoring program (i.e., federal 
observers, state monitors, video cameras, or a combination thereof); 
(2) tracking and disposition of prohibited species and groundfish 
overages; and (3) mechanisms for funding of the monitoring program. At 
its April 2004 meeting, the Council is expected to adopt a revised 
range of alternatives for public review that cover these same issues. 
At its September 2004 meeting, the Council is expected to make final 
recommendations to NMFS regarding this monitoring program. NMFS will 
then prepare a proposed rule, that will include a public comment 
period, followed by a final rule implementing a monitoring program 
before the start of the 2005 shore-based primary Pacific whiting 
season.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 8, 2004.
Peter H. Fricke,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-5694 Filed 3-11-04; 8:45 am]
BILLING CODE 3510-22-S