81 FR 71484 - Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 200 (October 17, 2016)

The Regional Administrator, NMFS West Coast Region, has determined that an application for an exempted fishing permit (EFP) warrants further consideration and requests public comment on the application. The application requests 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 (DSBG) to fish for swordfish and other highly migratory species (HMS) off the U.S. West Coast. This notice also announces NMFS' intent to extend two current DSBG EFPs through 2018 and also requests public comment on these EFPs.

[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71484-71485]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24973]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE961


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 an application for an exempted fishing permit (EFP) 
warrants further consideration and requests public comment on the 
application. The application requests 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 (DSBG) to fish for swordfish 
and other highly migratory species (HMS) off the U.S. West Coast. This 
notice also announces NMFS' intent to extend two current DSBG EFPs 
through 2018 and also requests public comment on these EFPs.

DATES: Comments must be submitted in writing by November 16, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0133, 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-2016-0133, 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-2016-0133'' 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: In August 2015 NMFS issued three EFPs for 
fishing vessels to use DSBG in the exclusive economic zone (EEZ) off 
the U.S. West Coast (DSBG is described as 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) (80 FR 29662, May 22, 2015). DSBG fishing under two of 
these EFPs has been ongoing in 2015-2016, and the Pacific Fishery 
Management Council (Council) recommended these both be extended through 
the 2017-2018 fishing season (http://www.pcouncil.org/wp-content/uploads/2016/03/0316decisions.pdf).
    In addition to the request for the two extensions, a new DSBG EFP 
application was submitted to the Council by Dave Stephens for two 
additional vessels to conduct DSBG fishing activities (herein referred 
to as the ``Stephens EFP'') (http://www.pcouncil.org/wp-content/uploads/2016/07/0616decisions.pdf). At its September 2016 meeting, the 
Council

[[Page 71485]]

recommended that NMFS issue the Stephens EFP (http://www.pcouncil.org/wp-content/uploads/2016/09/0916decisions.pdf).
    If the two extensions and the Stephens EFP are approved, they would 
exempt a limited number of federally permitted commercial fishing 
vessels from requirements of the HMS FMP pertaining to non-authorized 
gear types. The EFPs would authorize up to 13 DSBG vessels to fish 
year-round in areas within the EEZ off the U.S. West Coast. Aside from 
the exemption described above, 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 
three applicants requested EFP issuance for two fishing seasons or the 
2017 and 2018 calendar years.
    The Council suggested NMFS impose requirements on the Stephens EFP 
consistent with one of the existing EFPs, including, but not limited 
to:
    (1) 30 percent observer coverage on each vessel's fishing trips;
    (2) fishing only in federal waters; and
    (3) the operator of the fishing vessel operating under a DSBG EFP 
must actively tend all gear at all times and maintain the gear within 
sight (typically within 2-4 nautical miles of the gear) of the EFP 
participant fishing vessel.
    NMFS is seeking public comment on the extension of the two existing 
EFPs, as well as the Stephens EFP application 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: October 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-24973 Filed 10-14-16; 8:45 am]
 BILLING CODE 3510-22-P