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)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53480-53481 | |
| FR Document | 2017-24882 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] ------------------------------------------------------------------------ Date of council Number of Name recommendation vessels ------------------------------------------------------------------------ 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. ------------------------------------------------------------------------ \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
![53480 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices
351.205(e), the petitioner must submit a DEPARTMENT OF COMMERCE submitted voluntarily by the sender will
request for postponement 25 days or be publicly accessible. NMFS will
more before the scheduled date of the National Oceanic and Atmospheric accept anonymous comments (enter ‘‘N/
preliminary determination and must Administration A’’ in the required fields if you wish to
state the reasons for the request. The remain anonymous).
RIN 0648–XF785
Department will grant the request unless FOR FURTHER INFORMATION CONTACT:
it finds compelling reasons to deny the Magnuson-Stevens Fishery Chris Fanning, NMFS, West Coast
request. Conservation and Management Act; Region, 562–980–4198.
On October 11, 2017, the petitioner General Provisions for Domestic SUPPLEMENTARY INFORMATION: DSBG
submitted a timely request that the Fisheries; Application for Exempted fishing trials have occurred for the past
Department postpone the preliminary Fishing Permit seven years (2011–2015, research years;
determination in the LTFV 2015–2017, EFP years) in the U.S. West
AGENCY: National Marine Fisheries Coast Exclusive Economic Zone (EEZ)
investigation.3 The petitioner stated that Service (NMFS), National Oceanic and off California. The data collected from
it requests postponement because the Atmospheric Administration (NOAA), this fishing activity have demonstrated
respondents selected for individual Commerce. DSBG to achieve about a 95%
examination are still filing their ACTION: Notice; request for comments. marketable catch composition (75%
response to the Department’s swordfish, 3% opah, and 17%
questionnaire and the Department needs SUMMARY: NMFS has determined that
marketable sharks). Non-marketable
additional time to fully analyze the twelve exempted fishing permit (EFP)
catch rates have remained low and all
questionnaire responses, request any applications warrant further
non-marketable catch were released
necessary clarifications, and determine consideration and is requesting public
alive. Due to DSBG being actively
antidumping margins.4 comment on the applications. All EFP
tended, strikes are capable of being
applicants request an exemption from a
For the reasons stated above and detected within minutes of a hook on
single prohibition (the use of
because there are no compelling reasons the line; as a result, all catches can be
unauthorized gear to harvest HMS)
to deny the request, the Department, in tended quickly, with catch brought
under the Fishery Management Plan for
accordance with section 733(c)(1)(A) of onboard the vessel in good condition.
U.S. West Coast Fisheries for Highly
the Act, is postponing the deadline for To date, DSBG has had two interactions
Migratory Species (HMS FMP) to test
the preliminary determination by 50 with protected species, both elephant
the effects and efficacy of using deep-set
days (i.e., 190 days after the date on seals which were not seriously injured
buoy gear (DSBG) and deep-set linked
which this investigation was initiated). and were released alive due to the strike
buoy gear (DSLBG) to harvest swordfish
As a result, the Department will issue its detection of the gear. These species are
and other highly migratory species
protected by the Marine Mammal
preliminary determination no later than (HMS) off of the U.S. West Coast.
Protection Act, but are not listed as
January 18, 2018. In accordance with DATES: Comments must be submitted in threatened or endangered under the
section 735(a)(1) of the Act and 19 CFR writing by December 18, 2017. Endangered Species Act.
351.210(b)(1), the deadline for the final ADDRESSES: You may submit comments DSLBG trials produced similar data to
determination of this investigation will on this document, identified by NOAA– DSBG activities with DSLBG fishing
continue to be 75 days after the date of NMFS–2017–0130, by any of the activity occurring over a 40-day period
publication of the preliminary following methods: in 2015–2016. Swordfish and other
determination, unless postponed at a • Electronic Submission: Submit all marketable species have represented
later date. electronic public comments via the about 90% of the catch (68% swordfish,
This notice is issued and published Federal e-Rulemaking Portal. Go to 2% opah, 5% escolar, and 16%
pursuant to section 733(c)(2) of the Act www.regulations.gov/ marketable sharks). Non-marketable
and 19 CFR 351.205(f)(1). #!docketDetail;D=NOAA-NMFS-2017- species are released alive due to quick
0130, click the ‘‘Comment Now!’’ icon, DSLBG strike detection and active gear
Dated: November 9, 2017. complete the required fields, and enter tending. Fishing is still occurring with
Gary Taverman, or attach your comments. EFP DSLBG; however, no reports have been
Deputy Assistant Secretary for Antidumping applications will be available under submitted from the 2016–2017 year. To
and Countervailing Duty Operations, Relevant Documents through the same date, there have been no interactions
performing the non-exclusive functions and link. with protected species using DSLBG.
duties of the Assistant Secretary for • Mail: Attn: Chris Fanning, NMFS At its September 2017 meeting, the
Enforcement and Compliance. West Coast Region, 501 W. Ocean Blvd., Pacific Fishery Management Council
[FR Doc. 2017–24848 Filed 11–15–17; 8:45 am] Suite 4200, Long Beach, CA 90802. (Council) received twelve additional
BILLING CODE 3510–DS–P Include the identifier ‘‘NOAA–NMFS– applications for EFPs in time for review
2017–0130’’ in the comments. and recommended that NMFS consider
Instructions: Comments sent by any issuing these EFPs to authorize use of
other method, to any other address or DSBG and/or DSLBG (see Table 1).
individual, or received after the end of NMFS is requesting public comment
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the comment period, may not be on the twelve applications
considered by NMFS. All comments recommended for issuance by the
received are a part of the public record Council. If all applications were
and will generally be posted for public approved, the EFPs would allow up to
3 See Letter from the petitioner titled ‘‘Ripe Olives viewing on www.regulations.gov thirteen vessels to fish with DSBG and
from Spain Request for Postponement of without change. All personal identifying four vessels to fish with DSLBG,
Preliminary Determination,’’ dated October 11, information (e.g., name, address, etc.), throughout the duration of each EFP, in
2017. confidential business information, or the U.S. West Coast EEZ with permitted
4 Id. otherwise sensitive information exemption from the prohibitions of the
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![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53481
HMS FMP pertaining to non-authorized FMP, including measures to protect sea Permits’’ Web page (http://
gear types. Aside from the exemption turtles, marine mammals, and seabirds. www.westcoast.fisheries.noaa.gov/
described above, vessels fishing under For up-to-date information on HMS fisheries/migratory_species/status_
an EFP would be subject to all other EFPs, please visit NMFS West Coast exempted_permits.html).
regulations implemented in the HMS Region’s ‘‘Status of Exempted Fishing
TABLE 1—EFP APPLICATIONS RECOMMENDED FOR ISSUANCE BY THE COUNCIL
[Council recommended EFPs]
Number of
Name Date of council recommendation vessels
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 III 1 .......................................... September 2017 ......................................................................... 2
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 III ............................................ September 2017 ......................................................................... 2
1 One application with both DSBG and DSLBG gear configurations and activities requested.
NMFS will consider all public ACTION: Notice regarding charges for provides that, where a consumer
comments submitted in response to this certain disclosures under the Fair Credit reporting agency is permitted to impose
Federal Register Notice prior to Reporting Act. a reasonable charge on a consumer for
issuance of any EFP. Additionally, making a disclosure to the consumer
NMFS will analyze the effects of issuing SUMMARY: The Bureau of Consumer pursuant to section 609 of the FCRA, the
EFPs in accordance with the National Financial Protection (Bureau) charge shall not exceed $8.00 and shall
Environmental Policy Act and NOAA’s announces that the ceiling on allowable be indicated to the consumer before
Administrative Order 216–6, as well as charges under the Fair Credit Reporting making the disclosure. Section 612(f)(2)
for compliance with other applicable Act (FCRA) will remain unchanged at of the FCRA states that the Bureau shall
laws, including Section 7(a)(2) of the $12.00, effective for 2018. The Bureau is increase the $8.00 maximum amount on
Endangered Species Act (16 U.S.C. 1531 required to increase the $8.00 amount January 1 of each year, based
referred to in the FCRA on January 1 of
et seq.), which requires the agency to proportionally on changes in the
each year, based proportionally on
consider whether the proposed action is Consumer Price Index, with fractional
changes in the Consumer Price Index for
likely to jeopardize the continued changes rounded to the nearest fifty
All Urban Consumers (CPI–U), with
existence and recovery of any cents. The Bureau’s calculations are
fractional changes rounded to the
endangered or threatened species or based on the CPI–U, which is the most
nearest fifty cents. The CPI–U increased
result in the destruction or adverse general Consumer Price Index and
53.11 percent between September 1997,
modification of critical habitat. covers all urban consumers and all
when the FCRA amendments took
Authority: 16 U.S.C. 1801 et seq. items.
effect, and September 2017. This
Section 612(a) of the FCRA gives
Dated: November 13, 2017. increase in the CPI–U, and the
consumers the right to a free disclosure
Emily H. Menashes, requirement that any increase be
upon request once every 12 months. The
Acting Director, Office of Sustainable rounded to the nearest fifty cents, result
in a maximum allowable charge of maximum allowable charge established
Fisheries, National Marine Fisheries Service. by this notice does not apply to requests
[FR Doc. 2017–24882 Filed 11–15–17; 8:45 am]
$12.00.
made under that provision. The charge
BILLING CODE 3510–22–P DATES: Effective January 1, 2018. does apply when a consumer who
FOR FURTHER INFORMATION CONTACT: orders a file disclosure has already
Monique Chenault, Paralegal Specialist, received a free annual disclosure and
Office of Regulations, Consumer does not otherwise qualify for an
BUREAU OF CONSUMER FINANCIAL Financial Protection Bureau, 1700 G additional free disclosure.
PROTECTION Street NW., Washington, DC 20552, at The Bureau is using the $8.00 amount
(202) 435–7700.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
set forth in section 612(f)(1)(A)(i) of the
Fair Credit Reporting Act Disclosures SUPPLEMENTARY INFORMATION: Section FCRA as the baseline for its calculation
612(f)(1)(A) of the Fair Credit Reporting of the increase in the ceiling on
AGENCY: Bureau of Consumer Financial
Act (FCRA) provides that a consumer reasonable charges for certain
Protection.
reporting agency may charge a disclosures made under section 609 of
1 Public Law 111–203, 124 Stat. 1376 (2010),
consumer a reasonable amount for the FCRA. Since the effective date of
https://www.treasury.gov/about/organizational-
making a disclosure to the consumer section 612(a) was September 30, 1997,
structure/offices/Documents/ pursuant to section 609 of the FCRA. the Bureau calculated the proportional
Dodd%20Frank%20Act.pdf. Section 612(f)(1)(A) of the FCRA increase in the CPI–U from September
VerDate Sep<11>2014 16:52 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\16NON1.SGM 16NON1](https://thefederalregister.org/doc/82_FR_53700/page/2.svg)
Document Created: 2017-11-16 03:53:39
Document Modified: 2017-11-16 03:53:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be submitted in writing by December 18, 2017. | |
| Contact | Chris Fanning, NMFS, West Coast Region, 562-980-4198. | |
| FR Citation | 82 FR 53480 | |
| RIN Number | 0648-XF78 |
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