[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Notices]
[Pages 25380-25381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08731]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC943]


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Notice for Exempted Fishing Permit Application

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

ACTION: Notice; request for comments.

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SUMMARY: The Regional Administrator, West Coast Region, NMFS, announces 
receipt of an exempted fishing permit (EFP) application, and is 
considering issuance of an EFP for a third party Electronic Monitoring 
(EM) provider who would provide EM services for vessels participating 
in the existing EM EFP fisheries, and also to the vessels participating 
in this EFP. NMFS requests public comment on the application.

DATES: Comments must be received by May 11, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0063 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-2023-0063 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments. The 
EFP application will be available under Supporting and Related 
Materials through the same link.
     Instructions: Comments must be submitted by the above 
method to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method 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

[[Page 25381]]

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).

FOR FURTHER INFORMATION CONTACT: Matt Dunlap, West Coast Region, NMFS, 
(206) 316-7944, [email protected].

SUPPLEMENTARY INFORMATION: This action is authorized by the Pacific 
Coast Groundfish Fishery Management Plan and the regulations 
implementing the Magnuson-Stevens Fishery Conservation and Management 
Act at 50 CFR 600.745, which state that exempted fishing permits (EFP) 
may be used to authorize fishing activities that would otherwise be 
prohibited.
    On June 28, 2019 (84 FR 31146), at the recommendation of the 
Pacific Fishery Management Council (Council), NMFS published a final 
rule that authorized the use of EM in place of human observers to meet 
requirements for 100-percent at-sea monitoring for catcher vessels in 
the groundfish trawl catch share fishery (Trawl Rationalization 
Program). EM video systems are used to record catch and discards by the 
vessel crew while at sea. Vessel operators are responsible for 
recording catch and discards in a logbook, which is then used to debit 
individual fishing quota (IFQ) accounts and cooperative allocations. 
The Council recommended, and NMFS implemented, a delay to the start of 
the regulatory program (86 FR 5525, October 6, 2021) until January 
2024.
    FlyWire, the EFP applicant, seeks to test the third party EM 
service provider model during the delay, as described in the EM program 
manual and associated guidelines and under 50 CFR 660.603 and 660.604. 
The West Coast EM regulatory program established requirements for 
vessel owners and operators, standards for EM systems, and protocols 
for handling catch while using EM systems in the Catch Share Program. 
The EM program also established requirements for third party EM Service 
Providers, which are companies tasked with providing EM services to the 
fleet. EM service providers are responsible for the installation and 
technical support of EM systems, and the collection and review of EM 
video data. EM vessels submit logbooks to report catch and discard 
information to NOAA Fisheries, and video data is used to audit logbooks 
to ensure information is accurately reported. If approved, the 
applicant would test alternative catch handling approaches for bottom 
trawl designed to reduce the time and labor burden for vessel crew, in 
addition to testing the third party model in the maximized retention 
Pacific whiting fleet. The applicant anticipates providing EM services 
to approximately five vessels that would participate in the EFP. While 
the applicant seeks an exemption from the requirement for vessels to 
carry an at-sea observer, all catch and effort would be covered by 
existing Individual Fishing Quota, Coop allocations, and associated 
National Environmental Policy Act and Endangered Species Act analyses. 
Observers will be required for initial ``shakedown'' cruises, but an 
observer exemption will be granted for this EFP if the equipment and 
vessel monitoring plans are consistent with the existing EM EFP 
guidelines.
    If approved, NMFS would issue the permits for the EFP project to 
the applicant and vessel owners or designated representatives as the 
``EFP holder.'' NMFS intends to use an adaptive management approach in 
which NMFS may revise requirements and protocols to improve the program 
without issuing another Federal Register notice, provided that the 
modifications fall within the scope of the original EFP. NMFS would 
also accept additional applications to participate in the same, or 
similar, exempted fishing activity.
    The Regional Administrator has made a preliminary determination 
that the applications described above contain all of the required 
information and constitute an activity appropriate for further 
consideration. After publication of this document in the Federal 
Register, and review and consideration of any public comments received, 
NMFS may approve and issue permits for the EFP project. NMFS may 
approve the application in its entirety or may make any alterations 
needed to achieve the goals of the EFP.
    Authority: 16 U.S.C. 1801 et seq.; 50 CFR 600.745. This action is 
authorized by the Pacific Coast Groundfish Fishery Management Plan and 
the regulations implementing the Magnuson-Stevens Fishery Conservation 
and Management Act at 50 CFR 600.745, which state that exempted fishing 
permits (EFP) may be used to authorize fishing activities that would 
otherwise be prohibited.

    Dated: April 20, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-08731 Filed 4-25-23; 8:45 am]
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