[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28766-28767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11331]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB040]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Coastal Pelagic Species Fishery; Applications for Exempted 
Fishing Permits; 2021-2022 Fishing Year

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

ACTION: Notice of receipt of application; request for comments.

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SUMMARY: The Regional Administrator, West Coast Region, NMFS, has made 
a preliminary determination that three Exempted Fishing Permit 
applications warrant further consideration. All three applications, two 
from the California Wetfish Producers Association and one from the West 
Coast Pelagic Conservation Group, request an exemption from the 
expected prohibition on primary directed fishing for Pacific sardine 
during the 2021-2022 fishing year to collect Pacific sardine as part of 
industry-based scientific surveys. NMFS requests public comment on the 
applications.

DATES: Comments must be received by June 14, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0042, by the following method:
     Electronic Submissions: Submit all public comments via the 
Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA-
NMFS-2021-0042 in the Search box. Click the ``Comment'' icon, complete 
the required fields, and enter or attach your comments. The EFP 
applications 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 (EFPs) to test fishing activities that would 
otherwise be prohibited.
    At its April 2021 meeting, the Pacific Fishery Management Council 
(Council) recommended that NMFS approve three EFP applications for the 
2021-2022 Pacific sardine fishing year. All three applications, two 
from the California Wetfish Producers Association (CWPA) and one from 
the West Coast Pelagic Conservation Group (WCPCG), are renewal requests 
for an exemption from the expected prohibition on primary directed 
fishing for Pacific sardine during the 2021-2022 fishing year; the 
purpose of the requests are to collect Pacific sardine as part of 
industry-based scientific surveys. The Council considered these EFP 
applications concurrently with the 2021-2022 annual harvest 
specifications for Pacific sardine because expected Pacific

[[Page 28767]]

sardine catch under each EFP would be accounted for under the proposed 
2021-2022 annual catch limit (ACL), which is 3,329 metric tons (mt). A 
summary of each EFP application is provided below:
    (1) Proposal for Renewal of Exempted Fishery Permit (EFP) To Allow 
Take of Pacific Sardine (for Point Sets) in 2021 Nearshore Research 
Program: The CWPA submitted a renewal application for their CPS 
Nearshore Cooperative Survey (NCS) program. The purpose of this EFP 
project is to continue to develop a sampling methodology for estimating 
CPS biomass in shallow waters that are not accessible to NOAA survey 
ships. 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 Pacific 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 aims 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. If 
approved, this EFP would allow up to six participating vessels to 
directly harvest a total of 300 mt of Pacific sardine during the 2021-
2022 fishing year. A portion of each point set (i.e., an individual 
haul of fish captured with a purse seine net) would 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.
    (2) Request for Renewal of Exempted Fishery Permit (EFP) To Allow 
Fishing of Pacific Sardine For Biological Samples in 2021 Nearshore 
Research Program: The CWPA submitted a renewal application for their 
biological sampling EFP project. The primary directed fishery for 
Pacific sardine has been closed since 2015, and consequently, 
scientists at the Southwest Fisheries Science Center (SWFSC) have a 
limited amount of fishery-dependent data to use in their annual stock 
assessment. The goal of this EFP project is to provide additional 
biological data (i.e., age and length data from directed harvest) for 
potential use in Pacific sardine stock assessments. If approved, this 
EFP would allow up to six participating vessels to directly harvest up 
to 520 mt of Pacific sardine during the 2021-2022 fishing year. A 
portion of each landing would be retained for biological sampling by 
the California Department of Fish and Wildlife, and the remainder would 
be sold by the participating fishermen and processors to offset 
research costs and avoid unnecessary discard.
    (3) Exempted Fishery Permit to continue an industry-federal-state 
collaborative acoustic survey for CPS in nearshore waters: The WCPCG 
submitted a renewal application for their Nearshore Surveillance 
Acoustic Trawl Methodology Survey of North West Coastal Waters EFP 
project. Since 2017, the WCPCG has been working with NMFS' SWFSC and 
the Washington Department of Fish and Wildlife to survey CPS in 
nearshore Oregon/Washington coastal waters. The purpose of the EFP is 
to collect biological samples in areas inshore of the SWFSC acoustic 
trawl survey to better assess species composition and CPS distribution 
and abundance. If approved, this EFP would allow one research vessel to 
harvest up to 10 mt of Pacific sardine during the 2021-2022 fishing 
year. A portion of each set (i.e., an individual haul of fish captured 
with a purse seine net) would be retained by the Washington Department 
of Fish and Wildlife for biological sampling, and the remainder of the 
set would be released from the purse seine net immediately after 
collecting the biological samples.
    Altogether, these EFP projects total 830 mt. If NMFS does not issue 
these EFPs, then this 830-mt portion of the ACL would be available for 
harvest by other permissible fishing activities during the 2021-2022 
fishing year (e.g., live bait or minor directed harvest).
    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 applications as requested. NMFS may 
approve the applications in their entirety or may make any alterations 
needed to achieve the goals of the EFP projects. NMFS may also approve 
different amounts of Pacific sardine allocation for each EFP project if 
any changes are made to the 2021-2022 proposed sardine harvest 
specifications before final implementation.

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

    Dated: May 25, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-11331 Filed 5-27-21; 8:45 am]
BILLING CODE 3510-22-P