[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22340-22341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9049]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH38


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 2008 fishing year beginning mid-September 2008, or, if 
administrative delays occur, during the 2009 fishing year beginning 
mid-September 2009. 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. The application is available for review on the NMFS 
Southwest Region website: https://swr.nmfs.noaa.gov/.

DATES: Comments must be received by May 27, 2008.

ADDRESSES: You may submit comments on this notice, identified by ``RIN 
0648-XH38'' by any of the following methods:
     E-mail: [email protected]. Include the RIN in the 
subject line of the message.
     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 2008. EFPs for fishing under 
the HMS FMP are governed by 50 CFR 600.745 and 660.718. 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 2008 meeting, the Council, with advice from its HMS 
Management Team and HMS Advisory Subpanel, adopted a preferred 
alternative for 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 cap of one short-finned pilot whale and 12 
striped marlin, and a prohibition for fishing off the State of 
Washington. The Council 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. The limits will 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. 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, 2008, or 
between September and December, 2009, and a maximum of 14 sets per 
trip. Fishing would neither be allowed within 50 nautical miles of the 
coastline nor within the Southern California Bight. The Bight is 
defined in general terms as coastal waters from Point Conception in the 
north to just past San Diego in the south, and extending offshore of 
San Nicolas Island (Channel Islands National Marine Sanctuary waters 
would be excluded from the fishing area). The mainline may not exceed 
100 km and no more than 1,200 hooks may be deployed per set. The 
applicant would be required to use 18/0 circle hooks with a 10[deg] 
offset and mackerel or mackerel-type bait (as described at 50 CFR 
665.33(f) and (g), respectively). To reduce potential interactions with 
seabirds, gear could not be set until one hour after local sunset and 
must be fully deployed before local sunrise. A certain percentage of 
the deployed gear would be required to be outfitted with time/depth 
recorders to measure fishing depth; the percentage would be determined 
by NMFS based on the amount of data needed to extrapolate the depth of 
all the hooks. The applicant would be required to use a NMFS-certified 
shark de-hooking device 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 
seabirds.
    The EFP application would be effective for 2008 or 2009 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 2008. 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 will engage in formal consultation 
to determine if 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.


[[Page 22341]]


    Dated: April 22, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-9049 Filed 4-24-08; 8:45 am]
BILLING CODE 3510-22-S