[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Page 37327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16037]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA504


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application 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: 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 by members of the Pacific sardine fishing industry who 
request an exemption from seasonal closures of the directed fishery to 
conduct a survey designed to estimate the population size of Pacific 
sardine. NMFS requests public comment on the application. NMFS will 
make a final decision about whether to issue an EFP after consideration 
of those comments.

DATES: Comments must be received by July 12, 2011.

ADDRESSES: You may submit comments on this notice identified by 0648-
XA504 by any one of the following methods:
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.
     Fax: (562) 980-4047, Att: Joshua Lindsay.

FOR FURTHER INFORMATION CONTACT: A copy of the application can be 
viewed at the following Web site: http://swr.nmfs.noaa.gov; or by 
contacting Joshua Lindsay, Southwest Region, NMFS, (562) 980-4034; 
[email protected].

SUPPLEMENTARY INFORMATION: On May 25, 2011, NMFS published a final rule 
implementing the harvest guideline (HG) and annual specifications for 
the 2011 Pacific sardine fishing season off the U.S. West Coast (76 FR 
30276). As part of these management measures the Council recommended, 
and NMFS approved, that 4,200 metric tons (mt) of the maximum harvest 
guideline (HG) be initially subtracted and set aside for potential 
industry-based research projects. Members of the Pacific sardine 
fishing industry, concerned about the difficulty of securing fishing 
vessels for research purposes during the normal fishing season, 
requested this separate allocation so that they could conduct research 
fishing activities after fishing is closed. The 4,200 mt set-aside was 
intended to allow for potential research fishing in the second seasonal 
period (July 1-September 14, 2009) and third seasonal period (September 
15-December 31, 2009), to continue if that period's directed fishery 
allocation is reached and directed fishing is closed.
    An EFP is required to conduct the fishing activities proposed by 
the applicants to occur when directed fishing is otherwise not allowed. 
At the March 2011 Council meeting, the Council reviewed an EFP 
application that proposed to utilize 2,700 mt of the 4,200 mt initially 
set aside. The applicants proposed using 2,700 mt to replicate the 
summer survey conducted under similar EFPs in 2009 and 2010, but with 
an expanded sample size. The proposal went forward for public comment 
and was reviewed by the Council again at their April meeting, at which 
time the Council recommended that NMFS approve and issue the EFP. Any 
public comment received in response to this notice will be considered 
by NMFS in determining whether to approve and issue the EFP.
    One of the goals set forth in the EFP application is the 
development of an index of biomass for Pacific sardine, with the desire 
that this index be included in the subsequent Pacific sardine stock 
assessment. If NMFS does not issue an EFP, then the set-aside will be 
re-allocated to the directed harvest allocation of the third allocation 
period. Any research set aside attributed to an EFP for use during the 
closed fishing time in the second allocation period (prior to September 
15), but not utilized, would also roll into the directed fishery 
allocation for the third allocation period.

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

    Dated: June 22, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-16037 Filed 6-24-11; 8:45 am]
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