[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Page 46945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16399]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC123]


Magnuson-Stevens Fishery Conservation and Management Act; General 
Provisions for Domestic Fisheries; Applications for Exempted Fishing 
Permits

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 eight 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 
the United States (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 August 31, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0063, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0063 Click the ``Comment'' icon, complete the 
required fields, and enter or attach your comments. EFP applications 
will be available under Relevant Documents through the same link.
     Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W 
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier 
``NOAA-NMFS-2022-0063'' 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, and will 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 2022 meeting, the Pacific Fishery Management Council 
(Council) received fourteen applications for EFPs in time for review 
and recommended that NMFS issue eight of these EFPs to authorize use of 
DSBG and/or DSLBG and recommended further Council consideration of the 
remaining six EFP applications at its September 2022 meeting. Council 
recommendations can be found on the June 2022 meeting Decision Document 
here, https://www.pcouncil.org/june-2022-decision-summary-document/#highly-migratory-species-toc-745c05cb-bb34-4795-a2fd-4ef546ec7a96.
    At this time, NMFS is requesting public comment on the eight DSBG 
EFP applications recommended by the Council in June 2022. NMFS will 
take the Council's comments into consideration along with public 
comments on whether or not to issue these EFPs. If all eight of the 
June 2022 Council recommended applications are approved, a total of 59 
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 HMS FMP throughout the duration 
of their respective EFPs. Forty-two of the vessels would be permitted 
to fish with DSBG only, and 17 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.
    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: July 27, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-16399 Filed 7-29-22; 8:45 am]
BILLING CODE 3510-22-P