[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37434-37435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13369]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XW025]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Coastal Pelagic Species Fishery; Application for Exempted 
Fishing Permits; California Wetfish Producers Association

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrator, West Coast Region, NMFS, has made 
a preliminary determination that an application for an Exempted Fishing 
Permit warrants further consideration. The application, submitted by 
the California Wetfish Producers Association, requests an exemption 
from the expected prohibition on primary directed fishing for Pacific 
sardine for the 2020-2021 fishing year to collect Pacific sardine as 
part of an industry-based scientific survey. NMFS requests public 
comment on the application.

DATES: Comments must be received by July 7, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0067, by the following method:
    Electronic Submissions: Submit all public comments via the Federal 
e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2020-0067, click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments. The EFP application will be 
available under Supporting and Related Materials through the same link.
    Instructions: Comments must be submitted by the above method to 
ensure that the comments are received, documented, and considered by 
NMFS. Comments sent by any other method or received after the end of 
the comment period, may not be considered. 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.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Lynn Massey, West Coast Region, NMFS, 
(562) 436-2462, [email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the Coastal 
Pelagic Species (CPS) Fishery Management Plan (FMP) and regulations at 
50 CFR 600.745, which allow NMFS Regional Administrators to authorize 
exempted fishing permits

[[Page 37435]]

(EFPs) to test fishing activities that would otherwise be prohibited.
    On May 27, 2020, NMFS published a proposed rule (85 FR 31733) to 
implement Pacific sardine harvest specifications for the 2020-2021 
fishing year off the U.S. West Coast, which begins on July 1. This 
proposed rule included a 4,288 metric ton (mt) annual catch limit 
(ACL), a 4,000-mt annual catch target (ACT), and a prohibition on 
directed fishing for Pacific sardine off the coasts of Washington, 
Oregon, and California, except as part of the live bait or minor 
directed fisheries, or as part of EFP fishing activities.
    On April 6, 2020, the California Wetfish Producers Association 
(CWPA) submitted an EFP application to NMFS requesting to directly 
harvest up to 400 mt of Pacific sardine as part of their CPS Nearshore 
Cooperative Survey (CPS-NCS) during the 2020-2021 fishing year. At the 
April 2020 Pacific Fishery Management Council (Council) meeting, 
although formal Council review and approval of EFPs was removed from 
the Council's agenda, the Council expressed support for this EFP 
proposal during their discussion of sardine management measures.
    Since 2012 the California Department of Fish and Wildlife, in 
partnership with the CWPA, has been conducting aerial surveys to 
estimate the biomass and distribution of sardine and certain other CPS 
in nearshore waters in the Southern California Bight, and in the 
Monterey-San Francisco area since the summer of 2017. Currently, there 
is uncertainty in the biomass estimates from aerial spotter pilots. The 
CPS-NCS survey associated with the proposed EFP is part of research to 
quantify that level of uncertainty by capturing CPS schools identified 
by aerial spotter pilots and validating the biomass and species 
composition of the schools. A portion of each point set (i.e., an 
individual haul of fish captured with a purse seine net) will be 
retained for biological sampling, and the remainder will be sold by the 
participating fishermen and processors to offset research costs and 
avoid unnecessary discard. This research contributes to broader efforts 
to understand CPS biomass in shallow, nearshore areas that NMFS' CPS 
offshore acoustic trawl survey is unable to access.
    If NMFS issues this EFP, the CPS-NCS will survey nearshore waters 
of the Southern California Bight for 7-10 days between July 1, 2020 and 
June 30, 2021. Any harvest under this EFP would count against the 2020-
2021 ACL and ACT for Pacific sardine. If NMFS does not issue this EFP, 
then this 400 mt-portion of the ACL would be available for harvest by 
other permissible fishing activities.
    After publication of this document in the Federal Register, NMFS 
may approve and issue permits to participating vessels after the close 
of the public comment period. NMFS will consider comments submitted in 
deciding whether to approve the application as requested. NMFS may 
approve the application in its entirety or may make any alterations 
needed to achieve the goals of the EFP project.

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

    Dated: June 17, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-13369 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-22-P