[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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