[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Proposed Rules]
[Pages 1171-1172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00053]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

RIN 0648-BK09


Fisheries Off West Coast States; Highly Migratory Fisheries; 
Amendment 6 to Fishery Management Plan for West Coast Highly Migratory 
Species Fisheries; Authorization of Deep-Set Buoy Gear

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

ACTION: Notice of availability of an amendment to a fishery management 
plan; request for comments.

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SUMMARY: NMFS announces that the Pacific Fishery Management Council 
(Council) has submitted Amendment 6 to the Fishery Management Plan for 
U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for 
review by the Secretary of Commerce. The intent of Amendment 6 is to 
authorize deep-set buoy gear (DSBG) as a legal gear type for targeting 
highly migratory species (HMS) off the U.S. West Coast, and to 
establish management measures, a permitting program, and a standardized 
bycatch reporting methodology (SBRM) for this fishery. The amendment is 
expected to affect harvest levels of swordfish by authorizing an 
additional gear type for commercial harvest of HMS in Federal waters 
off the U.S. West Coast. The Council transmitted the draft Amendment to 
NMFS on December 21, 2022.

DATES: Comments on Amendment 6 must be received by March 10, 2023 to be 
considered in the decision whether to approve, disapprove, or partially 
approve Amendment 6.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-

[[Page 1172]]

NMFS-2022-0141, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to, click the ``Comment Now!'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to [email protected].
    Instructions: Comments must be submitted by one of the above 
methods to ensure they are received, documented, and considered by 
NMFS. 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. 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).
    Copies of the draft Amendment 6 and other supporting documents are 
available via the Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2022-0141, or contact the Acting 
Regional Administrator, Scott M. Rumsey, NMFS West Coast Region, 1201 
NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274, or 
[email protected].

FOR FURTHER INFORMATION CONTACT: Amber Rhodes, NMFS, (202) 936-6162, 
[email protected] or Rachael Wadsworth, NMFS, (206) 526-6152, 
[email protected].

SUPPLEMENTARY INFORMATION: DSBG was initially developed off the U.S. 
West Coast through a series of research trials which began in 2011 and 
continued under exempted fishing permits (EFPs) beginning in 2015. The 
information collected indicated that DSBG was an effective gear type 
for selectively targeting swordfish with minimal bycatch and that the 
gear was potentially profitable to fishermen. These promising results 
led the Council to recommend that NMFS authorize DSBG as a legal gear 
type for targeting HMS in the U.S. West Coast Exclusive Economic Zone 
(EEZ) off California and Oregon.
    The Council developed this draft amendment over a series of public 
meetings. The process began with the adoption of a range of 
alternatives (ROA) for federally authorized DSBG fishing in June of 
2018. Later, in November 2018, the Council refined its ROA and adopted 
a preliminary preferred alternative (PPA) to authorize DSBG off the 
coasts of California and Washington, with a limited entry (LE) 
permitting system for use of the gear within the Southern California 
Bight (SCB). In September 2019, the Council adopted its final preferred 
alternative (FPA) after making a few minor clarifications to its PPA, 
including amending the tiered criteria of swordfish fishing experience 
necessary to qualify for an LE permit. At its March 2021 Meeting, the 
Council modified its FPA to clarify terms, such as ``EFP holders,'' in 
the recommended tiered criteria, and specified data sources for 
qualifying LE permit applicants under those tiers. The Council also 
provided additional input on the permit qualification procedures (i.e., 
a one-time ranking of permit qualifiers according to tiers), and 
clarified its intent to issue permits to entities, including 
corporations, while prohibiting permit transfers through changes in 
entity ownership. During its November 2021 meeting, the Council adopted 
a standardized bycatch reporting methodology for an authorized DSBG 
fishery. Finally, during its March 2022 meeting, the Council considered 
additional measures for an authorized DSBG fishery related to 
compliance with the Endangered Species Act, and procedures for 
monitoring and management of the proposed fishery, including LE permit 
ownership.
    The proposed changes to the HMS FMP are described in further detail 
below.
    Section 6.1 would be amended to include the definition of DSBG as a 
legal gear type. Both ``standard'' and ``linked'' configurations of 
DSBG are described and would be authorized. Additionally, the section 
would be amended to clarify that DSBG must be actively tended, in 
contrast to surface hook and line gear, which does not require active 
tending.
    Section 6.2 would be amended to describe the LE permitting regime 
for fishing DSBG within the SCB (i.e., Federal waters east of 
120[deg]28'18'' W longitude). This includes language outlining the 
timing and pace of permit issuance, tiered qualifying criteria 
(including definitions for permit holders and vessel owners), 
procedures for permit renewals, and restrictions on permit transfers. 
Up to 50 permits would be issued for the first year, and up to 25 
additional permits would be issued annually in subsequent years until a 
maximum of 300 permits are issued. The draft amendment also describes 
scenarios in which the Council or NMFS may determine that a fewer 
number of permits should be issued than 300. In such a scenario, the 
Council could recommend NMFS publish new regulations restricting permit 
issuance based on applicable law or other considerations. Finally, 
Section 6.2.1.1 describes the tiered criteria that NMFS will use to 
issue permits to potential DSBG fishermen based on industry 
participation history and swordfish fishing experience.
    Section 6.3 would be amended to include DSBG-specific language 
related to standardized bycatch reporting methodology (SBRM). This 
language includes a synopsis of the gear's documented bycatch 
performance, and considerations related to logbook reporting and 
observer coverage in the authorized fishery. DSBG vessels would be 
subject to logbook reporting requirements in the same manner as other 
HMS fisheries. As an addendum to this section, Section 8.0 would also 
be amended to include a reference to the Draft Environmental Impact 
Statement (DEIS) analyzing the environmental and socioeconomic impacts 
of DSBG authorization, which NMFS published in August 2021.
    The preamble to Section 6.6 would be amended to include DSBG when 
referring to HMS fishery conservation and management measures. Section 
6.6.4 would also be amended to reference pending Federal regulations on 
the maximum amount of gear deployed, gear tending requirements, timing 
of gear deployment/retrieval, and simultaneous use of DSBG and other 
gear types on a single trip.

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

    Dated: January 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-00053 Filed 1-6-23; 8:45 am]
BILLING CODE 3510-22-P