[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Page 29662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12411]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD896


Magnuson-Stevens Fishery Conservation and Management Act; 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, NMFS West Coast Region, has 
determined that four applications for exempted fishing permits (EFPs) 
warrant further consideration, and requests public comment on the 
applications. The applications request 2-year exemptions from various 
prohibitions under the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP) to test the effects 
and efficacy of using deep-set buoy gear and longline gear to fish for 
swordfish and other highly migratory species (HMS) off the West Coast.

DATES: Comments must be submitted in writing by June 22, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0063, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0063, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments. EFP applications will be available under Relevant 
Documents through the same link.
     Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W. 
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier 
``NOAA-NMFS-2015-0063'' in the comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast 
Region, 562-980-4198.

SUPPLEMENTARY INFORMATION: On July 2, 2014, the Pacific Fishery 
Management Council (Council) solicited EFP proposals to test 
alternative gears and/or new approaches or methods for the California 
large-mesh drift gillnet fishery to target swordfish and other HMS. 
Applications for EFPs were submitted on February 9, 2015, to the 
Council for consideration during the March 2015 meeting (Agenda H.3, 
http://www.pcouncil.org/resources/archives/briefing-books/march-2015-briefing-book/#hmsMar2015). On March 20, 2015, the Council made 
recommendations to NMFS to consider issuing EFPs for three proposals to 
use deep-set buoy gear (DSBG--multiple hooks deployed relatively deep 
in the water column, using one or more weighted mainlines which are 
suspended with one or more buoys floating on the ocean surface) and a 
single proposal to use deep-set and shallow-set longline gear in the 
exclusive economic zone (EEZ) off of the West Coast of the United 
States. If approved, the EFPs would exempt a limited number of 
federally permitted commercial fishing vessels from requirements of the 
HMS FMP pertaining to non-authorized gear types and areas currently 
closed to longline fishing. The EFPs would authorize up to 11 DSBG 
vessels and one longline vessel to fish year-round in areas within the 
Federal U.S. EEZ off of the West Coast. Aside from the exemptions 
described above (e.g., allowing non-authorized gear types to fish and 
allowing longline gear within the EEZ to target swordfish), vessels 
fishing under an EFP would be subject to all other regulations 
implementing the HMS FMP, including measures to protect sea turtles, 
marine mammals, and seabirds. The EFP applications request issuance for 
2 fishing seasons or 2 calendar years.
    The Council suggested NMFS impose the following additional 
conditions on these EFPs (originally outlined here: http://www.pcouncil.org/wpcontent/uploads/2015/03/0315decisions.pdf):
    (1) 100 percent observer coverage;
    (2) prohibit fishing in waters north of the Washington/Oregon 
border, and in the first year prohibit fishing in waters north of the 
Oregon/California border;
    (3) close fishing for the remainder of the year if the number of 
Endangered Species Act (ESA) listed species taken in the fishery is the 
lower of either double the amount of incidental take estimated in an 
ESA biological opinion prepared for that activity, or 10 animals;
    (4) for those EFPs testing buoy gear, permit fishing only in 
Federal waters;
    (5) for the EFP testing longline gear, prohibit fishing within 50 
miles of the mainland shore and islands; and
    (6) for the EFP testing longline gear, develop and impose an annual 
incidental catch limit for striped marlin. NMFS is seeking public 
comment on the EFP applications and the Council's recommended 
conditions.
    In accordance with NOAA Administrative Order 216-6, appropriate 
National Environmental Policy Act documents will be completed prior to 
the issuance of the EFPs. Additionally, NMFS will consider all 
applicable laws, including Section 7(a)(2) of the Endangered Species 
Act (16 U.S.C. 1531 et seq.), 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.

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

    Dated: May 18, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-12411 Filed 5-21-15; 8:45 am]
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