82 FR 53480 - 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 82, Issue 220 (November 16, 2017)

NMFS has determined that twelve exempted fishing permit (EFP) applications warrant further consideration and is requesting public comment on the applications. All EFP applicants request an exemption from a single prohibition (the use of unauthorized gear to harvest HMS) 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) and deep-set linked buoy gear (DSLBG) to harvest swordfish and other highly migratory species (HMS) off of the U.S. West Coast.

[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53480-53481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24882]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF785


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: NMFS has determined that twelve exempted fishing permit (EFP) 
applications warrant further consideration and is requesting public 
comment on the applications. All EFP applicants request an exemption 
from a single prohibition (the use of unauthorized gear to harvest HMS) 
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) and deep-set linked buoy gear (DSLBG) 
to harvest swordfish and other highly migratory species (HMS) off of 
the U.S. West Coast.

DATES: Comments must be submitted in writing by December 18, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0130, 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-2017-0130, 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-2017-0130'' 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: DSBG fishing trials have occurred for the 
past seven years (2011-2015, research years; 2015-2017, EFP years) in 
the U.S. West Coast Exclusive Economic Zone (EEZ) off California. The 
data collected from this fishing activity have demonstrated DSBG to 
achieve about a 95% marketable catch composition (75% swordfish, 3% 
opah, and 17% marketable sharks). Non-marketable catch rates have 
remained low and all non-marketable catch were released alive. Due to 
DSBG being actively tended, strikes are capable of being detected 
within minutes of a hook on the line; as a result, all catches can be 
tended quickly, with catch brought onboard the vessel in good 
condition. To date, DSBG has had two interactions with protected 
species, both elephant seals which were not seriously injured and were 
released alive due to the strike detection of the gear. These species 
are protected by the Marine Mammal Protection Act, but are not listed 
as threatened or endangered under the Endangered Species Act.
    DSLBG trials produced similar data to DSBG activities with DSLBG 
fishing activity occurring over a 40-day period in 2015-2016. Swordfish 
and other marketable species have represented about 90% of the catch 
(68% swordfish, 2% opah, 5% escolar, and 16% marketable sharks). Non-
marketable species are released alive due to quick DSLBG strike 
detection and active gear tending. Fishing is still occurring with 
DSLBG; however, no reports have been submitted from the 2016-2017 year. 
To date, there have been no interactions with protected species using 
DSLBG.
    At its September 2017 meeting, the Pacific Fishery Management 
Council (Council) received twelve additional applications for EFPs in 
time for review and recommended that NMFS consider issuing these EFPs 
to authorize use of DSBG and/or DSLBG (see Table 1).
    NMFS is requesting public comment on the twelve applications 
recommended for issuance by the Council. If all applications were 
approved, the EFPs would allow up to thirteen vessels to fish with DSBG 
and four vessels to fish with DSLBG, throughout the duration of each 
EFP, in the U.S. West Coast EEZ with permitted exemption from the 
prohibitions of the

[[Page 53481]]

HMS FMP pertaining to non-authorized gear types. Aside from the 
exemption described above, vessels fishing under an EFP would be 
subject to all other regulations implemented in the HMS FMP, including 
measures to protect sea turtles, marine mammals, and seabirds. For up-
to-date information on HMS EFPs, please visit NMFS West Coast Region's 
``Status of Exempted Fishing Permits'' Web page (http://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/status_exempted_permits.html).

    Table 1--EFP Applications Recommended for Issuance by the Council
                       [Council recommended EFPs]
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                                       Date of council       Number of
               Name                    recommendation         vessels
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Deep-Set Buoy Gear Applicants:
    Lutoshkin, Aleksandr..........  September 2017......               1
    Rynkevic, Ramunas.............  September 2017......               1
    Sokolova, Tetyana.............  September 2017......               1
    Ellis, Ron....................  September 2017......               1
    Foster, John..................  September 2017......               1
    Hall, John & Crivello, Frank    September 2017......               2
     III \1\.
    Porter, Joshua................  September 2017......               1
    Porter, Justin................  September 2017......               2
    Rasmussen, Andrew.............  September 2017......               1
    Sidenko, Alexander............  September 2017......               1
    Tafoya, Mark..................  September 2017......               1
Deep-Set Linked Buoy Gear
 Applicants:
    Smith, Michael................  September 2017......               2
    Hall, John & Crivello, Frank    September 2017......               2
     III.
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\1\ One application with both DSBG and DSLBG gear configurations and
  activities requested.

    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 216-6, 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: November 13, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24882 Filed 11-15-17; 8:45 am]
 BILLING CODE 3510-22-P