[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36309-36311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12956]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC045]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Coastal Pelagic Species Fishery; Applications for Exempted 
Fishing Permits; 2022-2023 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

[[Page 36310]]

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 2022-2023 fishing year to collect Pacific 
sardine as part of industry-based scientific research. NMFS requests 
public comment on the applications.

DATES: Comments must be received by July 1, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0055, 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-2022-0055 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 sent by any other method 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: Taylor Debevec, West Coast Region, 
NMFS, (562) 980-4066, [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) for fishing activities that would 
otherwise be prohibited.
    At its April 2022 meeting, the Pacific Fishery Management Council 
(Council) recommended that NMFS approve three EFP applications for the 
2022-2023 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 2022-2023 fishing year; the 
purpose of the requests are to collect Pacific sardine as part of 
industry-based scientific research. The Council considered these EFP 
applications concurrently with the 2022-2023 annual harvest 
specifications for Pacific sardine because Pacific sardine catch under 
each EFP would be accounted for under the proposed 2022-2023 annual 
catch limit (ACL), which is 4,274 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 2022-23 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 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 2022-
2023 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 would be sold by 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 2022-23 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 (Science Center) 
have a limited amount of fishery-dependent data to use in their stock 
assessment. The goal of this EFP project is to provide fishery-
dependent catch data, including biological data (i.e., age and length 
data from directed harvest), for potential use in Pacific sardine stock 
assessments. An additional goal for this year is to collaborate with 
the Science Center in a research project designed to enhance 
understanding of stock structure by collecting year-round data. If 
approved, this EFP would allow up to six participating vessels to 
directly harvest up to 520 mt of Pacific sardine during the 2022-2023 
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 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' Science 
Center 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 Science Center 
acoustic trawl survey to better assess species composition and CPS 
distribution and abundance. A portion of each individual haul of fish 
captured with a purse seine net (set) 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. If approved, this 
EFP would allow one research vessel to harvest up to 10 mt of Pacific 
sardine during the 2022-2023 fishing year.
    Altogether, these EFP projects total 830 mt. If NMFS does not issue 
one or more of these EFPs, the requested tonnage would be available for 
harvest by other permissible fishing activities during the 2022-2023 
fishing year (e.g., live bait or minor directed harvest).
    After publication of this notice 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 and the FMP. NMFS may 
also approve different amounts of Pacific sardine allocation for each 
EFP project if any changes are

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made to the 2022-2023 proposed sardine harvest specifications before 
final implementation.
    Authority: 16 U.S.C. 1801 et seq.

Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-12956 Filed 6-15-22; 8:45 am]
BILLING CODE 3510-22-P