[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78729-78730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25319]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD530]


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; 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 that seeks exemption from the 
requirements at requiring vessel owners and operators to retain 
sablefish, rex sole, Pacific sanddab and California halibut when on a 
declared optimized retention bottom trawl or non-whiting midwater trawl 
trip. At this

[[Page 78730]]

time, NMFS is considering allowing participants in the EFP to add 
sablefish and rex sole to their Vessel Monitoring Plans' (VMP) 
allowable discard list. NMFS does not expect to add the other two 
species to this EFP because Pacific sanddab is already listed as an 
allowable discard, thus no exemption is needed, and NMFS intends to 
address California halibut discard rules through a future regulatory 
change rather than an EFP. NMFS requests public comment on the 
application.

DATES: Comments must be received by December 1, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0143 by the following method:
     Electronic Submissions: Submit all public comments via the 
Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0143 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 https://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).

FOR FURTHER INFORMATION CONTACT: Matt Dunlap, West Coast Region, NMFS, 
(206) 526-6119, [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 EFPs 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 electronic monitoring (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.
    The EFP applicant, California Groundfish Collective, seeks to add 
sablefish, rex sole, Pacific sanddab and California halibut to the 
allowable discard list for EFP participants for 2024, just as these 
species have been allowable discards in the 2023 EM EFP. Extending the 
allowable discarding of sablefish and rex sole into 2024 via an EFP 
will provide data that could be used by the Council and NMFS to make 
informed decisions on refining EM discard regulations. NMFS does not 
expect to include Pacific sanddab in the EFP because that species is 
already an allowable discard in the regulations. NMFS expects to 
address California halibut discard rules via a future regulatory 
change, not an EFP. The EFP application is for approximately 20 trawl 
gear vessels that use EM. Additional EFP participants that join EM 
under the regulatory program may apply at a later date.
    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 application described above contains all of the required 
information and, at least in part, constitutes 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 Pacific Coast Groundfish Fishery Management Plan and the 
regulations implementing the Magnuson-Stevens Fishery Conservation and 
Management Act at 50 CFR 600.745, which states that EFPs may be used to 
authorize fishing activities that would otherwise be prohibited.

    Dated: November 13, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-25319 Filed 11-15-23; 8:45 am]
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