[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32200-32201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10680]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC982]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Coastal Pelagic Species Fishery; Applications for Exempted 
Fishing Permits; 2023-2024 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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[[Page 32201]]

SUMMARY: The Regional Administrator, West Coast Region, NMFS, has made 
a preliminary determination that two Exempted Fishing Permit (EFP) 
applications warrant further consideration. Both applications are from 
the California Wetfish Producers Association and request an exemption 
from the expected prohibition on primary directed fishing for Pacific 
sardine during the 2023-2024 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 June 20, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0069, 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-2023-0069 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 2023 meeting, the Pacific Fishery Management Council 
(Council) recommended that NMFS approve two EFP applications for the 
2023-2024 Pacific sardine fishing year. Both applications are from the 
California Wetfish Producers Association (CWPA) and are renewal 
requests for an exemption from the expected prohibition on primary 
directed fishing for Pacific sardine during the 2023-2024 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 2023-2024 annual harvest 
specifications for Pacific sardine because Pacific sardine catch under 
each EFP would be accounted for under the proposed 2023-2024 annual 
catch limit (ACL), which is 3,953 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 2023-24 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 five participating vessels to 
directly harvest a total of 150 mt of Pacific sardine during the 2023-
2024 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 2023-24 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 five participating vessels to 
directly harvest up to 520 mt of Pacific sardine during the 2023-2024 
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.
    Altogether, these EFP projects total 670 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 2023-2024 
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 made to the 2023-2024 proposed sardine 
harvest specifications before final implementation.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: May 15, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-10680 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-22-P