[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 43994-43995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17147]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB215]
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: NMFS has determined that seven exempted fishing permit (EFP)
applications warrant further consideration and is requesting public
comment on the applications. All EFP applicants request an exemption
from a single prohibition (the use of unauthorized gear to harvest
highly migratory species (HMS)) 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 standard deep-set buoy gear
(DSBG), and/or deep-set linked buoy gear (DSLBG), to harvest swordfish
and other HMS off of the U.S. West Coast.
DATES: Comments must be submitted in writing by September 10, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0070, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2020-0070, in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier
``NOAA-NMFS-2020-0070'' in the comments.
Email: [email protected].
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
[[Page 43995]]
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: DSBG fishing trials have occurred for the
past 11 years (2011-2015, research years; 2015-2021, EFP years) in the
U.S. West Coast Exclusive Economic Zone (EEZ) off California. The data
collected from this fishing activity have demonstrated DSBG to achieve
about a 95 percent marketable catch composition. Non-marketable catch
rates have remained low and all non-marketable catch were released
alive. Due to DSBG being actively tended, strikes are capable of being
detected within minutes of a hooking on the line; as a result, all
catches can be tended quickly, with catch brought to the vessel in good
condition. To date, DSBG has had five observed or reported interactions
with protected species, four Northern elephant seals and one loggerhead
sea turtle, which were not seriously injured and were released alive
due to the quick strike detection of the gear. Northern elephant seals
are protected by the Marine Mammal Protection Act, and loggerhead sea
turtles are protected by the Endangered Species Act.
DSLBG trials have produced similar data to DSBG activities.
Swordfish and other marketable species have represented about 90
percent of the catch. Non-marketable species are released alive due to
DSLBG quick strike detection and active gear tending. To date, there
have been no observed or reported interactions with protected species
using DSLBG.
At its June 2021 meeting, the Pacific Fishery Management Council
(Council) received ten applications for EFPs in time for review and
recommended that NMFS issue seven of these EFPs to authorize use of
DSBG and/or DSLBG (see Table 1), and recommended further Council
consideration of the remaining three EFP applications at its September
2021 meeting. Council recommendations can be found on the June 2021
meeting Decision Document here, https://www.pcouncil.org/june-2021-decision-document/#HMS.
At this time, NMFS is requesting public comment on the seven DSBG
EFP applications recommended by the Council in June 2021. NMFS will
take the Council's comments into consideration along with public
comments on whether or not to issue these EFPs. If all seven of the
June 2021 Council recommended applications are approved, a total of 52
vessels would be allowed to fish with permitted exemptions from the
prohibitions related to unauthorized fishing gears used to target
swordfish within the U.S. EEZ under the Fishery Management Plan for
U.S. West Coast Fisheries for (HMS FMP) throughout the duration of
their respective EFPs. Thirty-seven of the vessels would be permitted
to fish with DSBG only and 15 of the vessels would be permitted to fish
using both DSBG and DSLBG. Aside from the exemption described above,
vessels fishing under an EFP would be subject to all other regulations
implemented in the HMS FMP, including measures to protect sea turtles,
marine mammals, and seabirds.
Table 1--Summary of Deep-Set Buoy Gear Exempted Fishing Permit Applications Recommended at the June 2021 Council
Meeting *
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Number of
F.3 attachment No. Applicant name vessels Fishing method
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1................................ Austin and Robert 1 StandardDSBG.
Ashe.
3................................ Austin Brown....... 1 Standard and Linked DSBG.
5................................ Miguel Ferre....... 1 Standard DSBG.
6................................ Scott and Wyatt 1 Linked DSBG.
Hawkins.
7................................ Blake Hermann...... 1 Standard DSBG.
8................................ Markus Medak, Brian 1 Linked DSBG.
Sims, and Daniel
Fuller.
10............................... Mathew Rimmel...... 1 Standard DSBG.
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* Linked DSBG vessels can also use standard deep-set buoy gear (https://www.pcouncil.org/june-2021-briefing-book/#F).
NMFS will consider all public comments submitted in response to
this Federal Register notice prior to issuance of any EFP.
Additionally, NMFS has analyzed the effects of issuing DSBG and DSLBG
EFPs in accordance with the National Environmental Policy Act and
NOAA's Administrative Order 216-6, as well as for compliance with other
applicable laws, including Section 7(a)(2) of the Endangered Species
Act (16 U.S.C. 1531 et seq.), which requires the agency to consider
whether 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: August 6, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-17147 Filed 8-10-21; 8:45 am]
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