[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32618-32619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11192]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA73


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permit

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, Southwest Region, NMFS has made a 
preliminary determination that an application for an Exempted Fishing 
Permit (EFP) warrants further consideration. The application was 
submitted to NMFS by a California-based commercial fisherman requesting 
an exemption for a single vessel from the longline fishing prohibitions 
within the U.S. Exclusive Economic Zone (EEZ) off the west coast during 
the 2007 fishing year beginning mid-September 2007. The Regional 
Administrator has also made a preliminary determination that the 
activities authorized under the EFP would be consistent with the goals 
and objectives of the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP). However, further 
review and consultation is necessary before a final determination is 
made to issue the EFP. Therefore, NMFS proposes to review the EFP and 
requests public comment on the application.

DATES: Comments must be received by July 13, 2007.

ADDRESSES: You may submit comments on this notice, identified by RIN 
0648-XA73 by any of the following methods:
     E-mail: [email protected]. Include the RIN in the 
subject line of the message.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Following the instructions for submitting comments.
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-
4213.
     Fax: (562) 980-4047.

FOR FURTHER INFORMATION CONTACT: Mark Helvey, Southwest Region, NMFS, 
(562) 980-4040.

SUPPLEMENTARY INFORMATION: An application for an EFP was submitted to 
the Pacific Fisheries Management Council (Council) by Peter Dupuy, a 
commercial fishing vessel owner, in March, 2006. The EFP would exempt a 
single vessel from following the gear and fishing restrictions at 50 
CFR 660.712(a) implementing the HMS FMP that prohibit owners and 
operators of vessels registered for use of longline gear from using 
longline gear to fish for or target HMS within the U.S. EEZ. The 
applicant applied for the EFP with the intent to conduct an exploratory 
test fishery with a single vessel to gather information on the economic 
viability and environmental effects, including the potential impacts to 
protected species and non-target finfish interactions, of fishing for 
swordfish in the West Coast EEZ.
    At its April 2007, meeting, the Council, with advice from its HMS 
Management Team and HMS Advisory Subpanel, adopted a preferred 
alternative for conditioning the EFP and forwarded that alternative to 
NMFS, recommending that the agency review the proposed EFP and, if 
consistent with Federal law, issue the permit. The Council recommended 
that the applicant be subject to a interaction cap of one short-finned 
pilot whale and 12 striped marlin, and not fish off the state of 
Washington. The Council also recommended that the fishery be managed 
through limits on the amount of incidental take of protected species 
that may be exposed to and adversely affected by this action that are 
to be established based upon section 7 consultations under the 
Endangered Species Act by NMFS for marine mammals and sea turtles and 
by the U. S. Fish and Wildlife Service for seabirds. If any one of the 
limits set by these consultations is reached by the fishery authorized 
by the EFP, the permit would be immediately revoked. The EFP would 
require 100 percent NMFS observer coverage for all fishing under the 
EFP. The Council's recommendations, described above, would be 
established as permit conditions.
    If approved, the EFP would authorize a single vessel to longline 
fish in the EEZ off of Oregon and California. Under the proposed terms 
and conditions of the EFP, the vessel would target swordfish utilizing 
shallow-set longline gear which is set at a shallower depth (<100 m) 
than deep-set longline gear which is typically set in the deeper 
thermocline zone (~300 400 m) for tunas. The applicant would be allowed 
a maximum of four trips between September and December, 2007, and a 
maximum of 14 sets per trip. Fishing will neither be allowed within 30 
nautical miles of the coastline nor within the Southern California 
Bight as defined by the applicant. Utilizing shallow-set longline gear 
configuration, the mainline cannot exceed 100 km and no more than 1,200 
hooks can be deployed per set. The use of 18/0 circle hooks with a 10 
[deg] offset and the use of mackerel or mackerel-type bait (as 
described at 50 CFR 665.33(f) and (g), respectively) is required. To 
reduce potential interactions with seabirds, gear would not be set 
until one hour after local sunset and must be fully deployed before 
local sunrise with attached time/depth recorders to estimate fishing 
depth. Utilization of a NMFS-certified shark de-hooking device will be 
required to improve the post-release survivability of incidentally 
captured sharks.
    Aside from the exemptions described above, the vessel fishing under 
the EFP would be subject to all other regulations implementing the HMS 
FMP, including measures to protect sea turtles, marine mammals, and sea 
birds.
    The EFP application would be effective for 2007 only. In accordance 
with NOAA Administrative Order 216-6, an appropriate National 
Environmental Policy Act document will be completed prior to the 
issuance of the EFP. A draft environmental assessment on the EFP was 
presented to the Council and public in April 2007. Further review and 
consultation is necessary before a final determination is made to issue 
the EFP. As required in Section 7(a)(2) of the Endangered Species Act 
(16 U.S.C. 1531 et seq.), NMFS is engaged in formal consultation to 
determine if the proposed action is likely to jeopardize the continued

[[Page 32619]]

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: June 6, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-11192 Filed 6-12-07; 8:45 am]
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