[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7535-7536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1916]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020706A]


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

[[Page 7536]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; receipt of exempted fishing permit (EFP) application; 
announcement of the intent to issue the EFP; request for comments.

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SUMMARY: NMFS announces the receipt of applications, 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 February 28, 2006. The EFPs will be 
effective no earlier than March 15, 2006, and would expire no later 
than May 31, 2007, but could be terminated earlier under terms and 
conditions of the EFPs and other applicable laws.

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

FOR FURTHER INFORMATION CONTACT: Becky Renko at (206)526 6110.

SUPPLEMENTARY INFORMATION: This action is authorized by the Magnuson-
Stevens Fishery Conservation and Management Act provisions at 50 CFR 
600.745, which state that EFPs may be used to authorize fishing 
activities that would otherwise be prohibited. At the November 2005 
Pacific Fishery Management Council (Pacific Council) meeting in San 
Diego, California, the Pacific Council received applications for these 
EFPs from Del Mar Seafoods, Inc. and the States of Washington, Oregon, 
and California. An opportunity for public testimony was provided during 
the Pacific Council meeting. The Pacific Council recommended that NMFS 
issue the EFPs, as requested by Del Mar Seafoods Inc. and the States, 
and forwarded the EFP applications to NMFS. NMFS is working with Del 
Mar Seafoods, Inc., the States, and participants who will be fishing 
under the EFP to resolve funding, retention, and monitoring issues 
affecting this EFP.
    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 flesh 
deteriorates rapidly once the fish are caught, whiting must be 
minimally handled and immediately chilled to maintain the flesh 
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. In 2004 and 2005, NMFS provided electronic monitoring 
systems to catcher vessels fishing under the whiting EFP as part of a 
pilot study to evaluate if these systems would be useful tools to 
verify retention and/or document discard at sea. Based on the results 
from the 2004 and 2005 pilot studies, electronic monitoring systems may 
be useful tools to monitor retention and discard at sea. NMFS will 
continue to evaluate the usefulness of electronic monitoring tools 
during the 2006 whiting EFP and once again intends to provide 
electronic monitoring systems to participating vessels.
    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(a)(2) 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(a)(10) 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. In the near future, NMFS is considering implementing, 
through Federal regulation, a monitoring program for the shore-based 
Pacific whiting fleet. The Pacific Council recommended using EFPs only 
until a permanent monitoring program could be developed and 
implemented. NMFS is developing a preliminary draft Environmental 
Assessment that includes a range of alternative monitoring systems for 
the shore-based Pacific whiting fishery. At its June 2004 meeting, the 
Pacific Council considered a preliminary range of alternatives for a 
shore-based fishery monitoring program. Based on information learned 
during the 2004 and 2005 EFPs, NMFS is revising that range of 
alternatives and is tentatively scheduled to present a revised range of 
alternatives to the Pacific Council at their April 2006 meeting. 
Provided the Pacific Council adopts the revised range of alternatives 
for public review in April, the Pacific Council is tentatively expected 
to make final recommendations to NMFS regarding this monitoring program 
at its June 2006 meeting. NMFS would then publish a proposed rule, 
which would include a public comment period, followed by a final rule 
implementing a monitoring program before the start of the 2007 shore-
based primary Pacific whiting season.

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

    Dated: February 7, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-1916 Filed 2-10-06; 8:45 am]
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