[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Page 29662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12411]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD896
Magnuson-Stevens Fishery Conservation and Management Act; General
Provisions for Domestic Fisheries; Application for Exempted Fishing
Permit
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, NMFS West Coast Region, has
determined that four applications for exempted fishing permits (EFPs)
warrant further consideration, and requests public comment on the
applications. The applications request 2-year exemptions from various
prohibitions under the Fishery Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species (HMS FMP) to test the effects
and efficacy of using deep-set buoy gear and longline gear to fish for
swordfish and other highly migratory species (HMS) off the West Coast.
DATES: Comments must be submitted in writing by June 22, 2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0063, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0063, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments. EFP applications will be available under Relevant
Documents through the same link.
Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier
``NOAA-NMFS-2015-0063'' 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
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.
SUPPLEMENTARY INFORMATION: On July 2, 2014, the Pacific Fishery
Management Council (Council) solicited EFP proposals to test
alternative gears and/or new approaches or methods for the California
large-mesh drift gillnet fishery to target swordfish and other HMS.
Applications for EFPs were submitted on February 9, 2015, to the
Council for consideration during the March 2015 meeting (Agenda H.3,
http://www.pcouncil.org/resources/archives/briefing-books/march-2015-briefing-book/#hmsMar2015). On March 20, 2015, the Council made
recommendations to NMFS to consider issuing EFPs for three proposals to
use deep-set buoy gear (DSBG--multiple hooks deployed relatively deep
in the water column, using one or more weighted mainlines which are
suspended with one or more buoys floating on the ocean surface) and a
single proposal to use deep-set and shallow-set longline gear in the
exclusive economic zone (EEZ) off of the West Coast of the United
States. If approved, the EFPs would exempt a limited number of
federally permitted commercial fishing vessels from requirements of the
HMS FMP pertaining to non-authorized gear types and areas currently
closed to longline fishing. The EFPs would authorize up to 11 DSBG
vessels and one longline vessel to fish year-round in areas within the
Federal U.S. EEZ off of the West Coast. Aside from the exemptions
described above (e.g., allowing non-authorized gear types to fish and
allowing longline gear within the EEZ to target swordfish), vessels
fishing under an EFP would be subject to all other regulations
implementing the HMS FMP, including measures to protect sea turtles,
marine mammals, and seabirds. The EFP applications request issuance for
2 fishing seasons or 2 calendar years.
The Council suggested NMFS impose the following additional
conditions on these EFPs (originally outlined here: http://www.pcouncil.org/wpcontent/uploads/2015/03/0315decisions.pdf):
(1) 100 percent observer coverage;
(2) prohibit fishing in waters north of the Washington/Oregon
border, and in the first year prohibit fishing in waters north of the
Oregon/California border;
(3) close fishing for the remainder of the year if the number of
Endangered Species Act (ESA) listed species taken in the fishery is the
lower of either double the amount of incidental take estimated in an
ESA biological opinion prepared for that activity, or 10 animals;
(4) for those EFPs testing buoy gear, permit fishing only in
Federal waters;
(5) for the EFP testing longline gear, prohibit fishing within 50
miles of the mainland shore and islands; and
(6) for the EFP testing longline gear, develop and impose an annual
incidental catch limit for striped marlin. NMFS is seeking public
comment on the EFP applications and the Council's recommended
conditions.
In accordance with NOAA Administrative Order 216-6, appropriate
National Environmental Policy Act documents will be completed prior to
the issuance of the EFPs. Additionally, NMFS will consider all
applicable laws, including Section 7(a)(2) of the Endangered Species
Act (16 U.S.C. 1531 et seq.), to determine if 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: May 18, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-12411 Filed 5-21-15; 8:45 am]
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