[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69143-69144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22095]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD255]


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: During the June 2023 Pacific Fishery Management Council 
(Council) meeting, the Council made several recommendations to NMFS 
regarding

[[Page 69144]]

applications received in 2022 and 2023 for exempted fishing permits 
(EFPs). All EFP applicants request exemptions from regulatory 
provisions pertaining to the use of authorized gear types under the 
Fishery Management Plan for U.S. West Coast Fisheries for Highly 
Migratory Species (HMS FMP). The applicants propose to test the effects 
and efficacy of using alternative fishing practices to harvest 
swordfish and other HMS off of the U.S. West Coast. The applications 
include requests to fish with a range of gear configurations including 
modified standard and linked daytime deep-set buoy gear (DSBG), night-
set buoy gear, and extended linked buoy gear. The Council reviewed 
these applications and made recommendations to NMFS at their June and 
September meetings in 2022 and 2023. NMFS has determined that these 
applications warrant further consideration and is requesting public 
comment on them.

DATES: Comments must be submitted in writing by November 6, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0116, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0116 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Chris Fanning, NMFS West Coast 
Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include 
the identifier ``NOAA-NMFS-2023-0116'' in the comments.
    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 generally be posted for public viewing on 
https://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, [email protected].

SUPPLEMENTARY INFORMATION: On May 8, 2023, NMFS published a final rule 
implementing Amendment 6 to the HMS FMP (88 FR 29545). These 
regulations, which became effective on June 7, 2023, authorize standard 
and linked DSBG as an additional gear type for catching swordfish and 
other HMS in federal waters off of California and Oregon and include 
various gear specification requirements (e.g., prohibiting vessels from 
deploying more than 10 pieces of standard or linked DSBG, in total, at 
one time), operational requirements (e.g., prohibiting vessels from 
deploying their gear at night), and geographic area restrictions (e.g., 
prohibiting fishing with DSBG in federal waters within the Southern 
California Bight without a limited entry permit). See 50 CFR 660.715.
    At its September 2022 meeting, the Council deferred a 
recommendation on 4 applications \1\ seeking increases in the number of 
pieces of DSBG simultaneously deployed from the current limit of 10 
pieces, until a later date when more information would be available.\2\ 
In June of 2023, the Council further recommended that NMFS not issue 
EFPs for testing simultaneous deployment of more than 10 pieces of 
standard or linked DSBG or night-set buoy gear (NSBG), including the 
four applications submitted to the Council in 2022 for this purpose,\1\ 
and an application from Perez, Krebs, and Mintz considered at the June 
2023 meeting,\3\ until the authorized fishery has been operational for 
2 seasons.\4\
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    \1\ https://www.pcouncil.org/documents/2022/08/i-3-attachment-2-revised-efp-application-from-k-honings.pdf/.
    https://www.pcouncil.org/documents/2022/08/i-3-attachment-3-efp-application-from-k-jacobs-t-gomez.pdf/.
    https://www.pcouncil.org/documents/2022/08/i-3-attachment-4-revised-efp-application-from-s-mintz.pdf/.
    https://www.pcouncil.org/documents/2022/08/i-3-attachment-5-revised-efp-application-from-n-perez.pdf/.
    \2\ https://www.pcouncil.org/september-2022-decision-summary-document/.
    \3\ https://www.pcouncil.org/documents/2023/06/j-3-attachment-1-efp-application-from-nathan-perez-donald-krebs-and-stephen-mintz.pdf/.
    \4\ https://www.pcouncil.org/june-2023-decision-summary-document/.
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    Also in June 2023, the Council recommended that NMFS:
     Extend Mr. Nathan Perez's NSBG EFP for another 2 years.\5\
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    \5\ https://www.pcouncil.org/documents/2023/06/j-3-attachment-3-request-from-nathan-perez-to-extend-his-current-nsbg-efp-and-include-donald-krebs.pdf/.
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     Approve the 2022 PIER EFP application for Extended-Linked 
Buoy Gear (XLBG) with 100 percent observer coverage until NMFS 
determines enough data have been collected, with a minimum of 10 
observed sets per vessel.\6\
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    \6\ https://www.pcouncil.org/documents/2022/08/i-3-attachment-6-efp-application-from-pier.pdf/.
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    Additionally, for consideration at the September 2023 Council 
Meeting, the Council requested Mr. Krebs clarify that his request is 
for his own EFP rather than a modification of another EFP.\7\ Mr. Krebs 
confirmed that his request is for his own EFP, and the Council 
subsequently recommended that NMFS issue an EFP to Mr. Krebs to fish 
night-set buoy gear.
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    \7\ https://www.pcouncil.org/documents/2023/06/j-3-attachment-2-efp-application-from-donald-krebs.pdf/.
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    At this time, NMFS is requesting public comment on the DSBG EFP 
applications discussed above. NMFS will take the Council's comments 
into consideration along with public comments on whether to issue these 
EFPs. Aside from the regulatory exemptions being sought for the 
proposed activities in the applications described above, vessels 
fishing under an EFP would be subject to all other regulations 
implemented at 50 CFR part 660, subpart K and 50 CFR part 300, subpart 
C, 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 will analyze the effects of issuing EFPs in 
accordance with the National Environmental Policy Act and NOAA's 
Administrative Order 216-6A, 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: September 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-22095 Filed 10-4-23; 8:45 am]
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