[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Notices]
[Page 59065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16004]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648- XE064]


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: In the spring of 2024, two exempted fishing permits (EFP) 
applications were submitted to NMFS to request exemption from 
regulations 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 economic viability of using alternative fishing practices to 
harvest swordfish and other HMS off the U.S. West Coast. Specifically, 
the applications propose fishing with standard and linked deep-set buoy 
gear (DSBG) at night, a practice otherwise known as night-set buoy gear 
(NSBG). During the June 2024 Pacific Fishery Management Council 
(Council) meeting, the Council made recommendations to NMFS regarding 
the two applications for EFPs. NMFS has determined that these 
applications warrant consideration and is requesting public comment on 
them.

DATES: Comments must be submitted in writing by August 21, 2024.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2024-0080, 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-2024-0080 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-2024-0080'' 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 the use 
of standard and linked DSBG for targeting swordfish and other HMS in 
Federal waters off of California and Oregon. The regulations include 
various gear specification requirements and operational requirements 
(e.g., prohibiting vessels from deploying their gear at night). See 50 
CFR 660.715.
    The two applications \1\ specifically request exemption from 50 CFR 
660.715(c)(3) that limits gear deployment and retrieval to daytime 
hours between sunrise and sunset. 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. This includes measures to protect sea turtles, marine 
mammals, and seabirds.
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    \1\ https://www.pcouncil.org/documents/2024/05/g-3-attachment-1.pdf/, and https://www.pcouncil.org/documents/2024/05/g-3-attachment-2.pdf/.
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    At this time, NMFS is requesting public comment on the two NSBG EFP 
applications discussed above. NMFS will consider the Council's 
recommendation, along with public comments, when determining whether to 
issue these EFPs.
    NMFS will consider all public comments submitted in response to 
this Federal Register notice prior to issuance of any EFP. NMFS has 
already analyzed the effects of issuing EFPs for NSBG, in accordance 
with the National Environmental Policy Act and NOAA's Administrative 
Order 216-6A. NMFS has also evaluated the proposed fishing practices 
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: July 16, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-16004 Filed 7-19-24; 8:45 am]
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