83 FR 26268 - 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 83, Issue 109 (June 6, 2018)

Page Range		26268-26269
FR Document		2018-12167

NMFS has determined that 14 exempted fishing permit (EFP) applications warrant further consideration and is requesting public comment on the applications. Thirteen EFP applicants request an exemption from a prohibition on the use of unauthorized fishing gear to harvest highly migratory species (HMS), and one EFP applicant requests an exemption from a prohibition on the use of pelagic longline gear in the Exclusive Economic Zone (EEZ) to harvest HMS under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). These applicants request the exemption to test the effects and efficacy of using deep-set buoy gear (DSBG), deep-set linked buoy gear (DSLBG), or deep-set short longline (DSSLL) to harvest swordfish and other HMS off of the U.S. West Coast.

Federal Register, Volume 83 Issue 109 (Wednesday, June 6, 2018)

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26268-26269]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-12167]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG246

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 14 exempted fishing permit (EFP)
applications warrant further consideration and is requesting public
comment on the applications. Thirteen EFP applicants request an
exemption from a prohibition on the use of unauthorized fishing gear to
harvest highly migratory species (HMS), and one EFP applicant requests
an exemption from a prohibition on the use of pelagic longline gear in
the Exclusive Economic Zone (EEZ) to harvest HMS under the Fishery
Management Plan for U.S. West Coast Fisheries for Highly Migratory
Species (HMS FMP). These applicants request the exemption to test the
effects and efficacy of using deep-set buoy gear (DSBG), deep-set
linked buoy gear (DSLBG), or deep-set short longline (DSSLL) to harvest
swordfish and other HMS off of the U.S. West Coast.

DATES: Comments must be submitted in writing by July 6, 2018.

ADDRESSES: You may submit comments on the pending EFP applications,
identified at the e-Rulemaking portal by NOAA-NMFS-2018-0063, 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-2018-0063, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier
``NOAA-NMFS-2018-0063'' 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).
The EFP applications and other relevant information referenced in
the Supplementary Information section below can accessed at: http://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/status_exempted_permits.html.

FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS West Coast Region,
562-980-4198.

SUPPLEMENTARY INFORMATION: DSBG fishing trials have occurred for the
past eight years under research permits (2011-2015) and EFPs (2015-
2018)) in the U.S. West Coast EEZ off California. The data collected
from this fishing activity have demonstrated that about 95% of DSBG
fish species caught are marketable (75% swordfish, 3% opah, and 17%
marketable sharks). Non-marketable fish species catch rates have
remained low and all non-marketable catch were released alive. Because
DSBG is actively tended by the

[[Page 26269]]

fishermen, strikes (i.e., when the fish pulls on the hook and line) may
be detected within minutes of a catch on the line; as a result, all
catches can be attended to quickly, with catch brought on board the
vessel in good condition. To date, DSBG has had two interactions with
protected species. In both instances, the interaction was with a
Northern elephant seal, and in both instances the animal was not
seriously injured and was released alive. This species is protected by
the Marine Mammal Protection Act, but it is not listed as threatened or
endangered under the Endangered Species Act.
DSLBG research fishing trials have been conducted with a total of
40 sets in 2015-2017 and produced similar results to DSBG. Swordfish
and other marketable fish species have represented about 90% of the
catch (68% swordfish, 2% opah, 5% escolar, and 16% marketable sharks).
Non-marketable fish species were released alive due to quick DSLBG
strike detection and active gear tending, which has a similar time
frame as with DSBG. Research fishing trials are still ongoing with
DSLBG. To date, there have been no interactions with protected species
using DSLBG.
At the November 2017 and March 2018 Pacific Fishery Management
Council (PFMC) meetings, the PFMC reviewed 15 applications for EFPs.
Based, in part, upon recommendations by the PFMC's HMS Management Team,
the PFMC recommended that NMFS consider issuing EFP's to authorize use
of DSBG and/or DSLBG to 13 of the applicants (see Table 1). These are
also proposed to take place in the U.S. West Coast EEZ off California.
These recommendations can be found on the PFMC's website at https://www.pcouncil.org/wp-content/uploads/2017/11/1117decisions.pdf and
https://www.pcouncil.org/wp-content/uploads/2018/03/0318_Decision_Summary_Document.pdf
In addition, in February 2018 the Regional Administrator for the
NMFS West Coast Region directly received an EFP application pursuant to
50 CFR 600.745 from Mr. John Hall for one vessel to fish with DSSLL in
the U.S. EEZ off the West Coast, not less than 20 nautical miles
offshore from the U.S.-Mexican border to the Oregon-Washington border.
Mr. Hall proposes to use deep set pelagic longline gear with a main
line of five nautical miles in length and not less than 15 hooks per
buoy and to target HMS. Mr. Hall also intends to employ a number of
marine mammal, sea bird, sea turtle, and shark mitigation measures
(e.g., use of large, weak circle hooks, a hydraulic line shooter, a
Tori bird scaring line, fusiform fish bait, and no wires in the
construction of the branch lines). The proposed and existing HMS EFPs
applications, conditions, and relevant analyses and decisions leading
to the current status of each application can be found on 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--U.S. West Coast HMS EFP Applications for DSBG, DSLBG, and DSSLL
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Applicant(s) Date of PFMC recommendation DSBG DSBG DSSLL vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carson, Thomas and Perez, Nathan................ March 2018........................ X X ............... 1
Breneman, Robert................................ March 2018........................ X ............... ............... 1
Breneman, Scott................................. March 2018........................ X ............... ............... 1
Dagama, John.................................... March 2018........................ X ............... ............... 1
Fuller, Daniel and Fuller, William.............. March 2018........................ X ............... ............... 1
Funderberg, Clint............................... March 2018........................ X X ............... 1
Hall, John...................................... N/A............................... ............... ............... X 1
Hyman, Ben...................................... March 2018........................ X ............... ............... 1
Scarbrough, Tyler............................... March 2018........................ X ............... ............... 1
Surgener, Greg.................................. March 2018........................ X ............... ............... 1
Sutton, William................................. March 2018........................ X X ............... 1
White, Matt..................................... March 2018........................ X ............... ............... 1
Wright, Thomas.................................. March 2018........................ X ............... ............... 1
Mintz, Stephen.................................. November 2017..................... X X ............... 1
--------------------------------------------------------------------------------------------------------------------------------------------------------

NMFS is requesting public comment on the 13 DSBG/DSLBG applications
recommended for consideration by the PFMC and the one DSSLL application
received directly from the applicant pursuant to 50 CFR 600.745. If all
applications are approved, the EFPs would allow up to 13 vessels to
fish with DSBG, up to four vessels to fish with DSLBG, and one vessel
to fish with DSSLL throughout the duration of each EFP, in portions of
the U.S. West Coast EEZ. These vessels would be permitted to fish
exempt from the prohibitions of the 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.
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: June 1, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-12167 Filed 6-5-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Notices 26269

fishermen, strikes (i.e., when the fish has a similar time frame as with DSBG. EFP application pursuant to 50 CFR
pulls on the hook and line) may be Research fishing trials are still ongoing 600.745 from Mr. John Hall for one
detected within minutes of a catch on with DSLBG. To date, there have been vessel to fish with DSSLL in the U.S.
the line; as a result, all catches can be no interactions with protected species EEZ off the West Coast, not less than 20
attended to quickly, with catch brought using DSLBG. nautical miles offshore from the U.S.-
on board the vessel in good condition. At the November 2017 and March Mexican border to the Oregon-
To date, DSBG has had two interactions 2018 Pacific Fishery Management Washington border. Mr. Hall proposes
with protected species. In both Council (PFMC) meetings, the PFMC to use deep set pelagic longline gear
instances, the interaction was with a reviewed 15 applications for EFPs. with a main line of five nautical miles
Northern elephant seal, and in both Based, in part, upon recommendations in length and not less than 15 hooks per
instances the animal was not seriously by the PFMC’s HMS Management Team, buoy and to target HMS. Mr. Hall also
injured and was released alive. This the PFMC recommended that NMFS intends to employ a number of marine
species is protected by the Marine consider issuing EFP’s to authorize use mammal, sea bird, sea turtle, and shark
Mammal Protection Act, but it is not of DSBG and/or DSLBG to 13 of the mitigation measures (e.g., use of large,
listed as threatened or endangered applicants (see Table 1). These are also weak circle hooks, a hydraulic line
under the Endangered Species Act. proposed to take place in the U.S. West shooter, a Tori bird scaring line,
DSLBG research fishing trials have Coast EEZ off California. These fusiform fish bait, and no wires in the
been conducted with a total of 40 sets recommendations can be found on the construction of the branch lines). The
in 2015–2017 and produced similar PFMC’s website at https:// proposed and existing HMS EFPs
results to DSBG. Swordfish and other www.pcouncil.org/wp-content/uploads/ applications, conditions, and relevant
marketable fish species have 2017/11/1117decisions.pdf and https:// analyses and decisions leading to the
represented about 90% of the catch www.pcouncil.org/wp-content/uploads/ current status of each application can be
(68% swordfish, 2% opah, 5% escolar, 2018/03/0318_Decision_Summary_ found on NMFS West Coast Region’s
and 16% marketable sharks). Non- Document.pdf ‘‘Status of Exempted Fishing Permits’’
marketable fish species were released In addition, in February 2018 the web page (http://www.westcoast.
alive due to quick DSLBG strike Regional Administrator for the NMFS fisheries.noaa.gov/fisheries/migratory_
detection and active gear tending, which West Coast Region directly received an species/status_exempted_permits.html).

TABLE 1—U.S. WEST COAST HMS EFP APPLICATIONS FOR DSBG, DSLBG, AND DSSLL
Date of PFMC recommenda- Number of
Applicant(s) DSBG DSBG DSSLL
tion vessels

Carson, Thomas and Perez, Nathan ............ March 2018 ........................... X X ........................ 1
Breneman, Robert ........................................ March 2018 ........................... X ........................ ........................ 1
Breneman, Scott ........................................... March 2018 ........................... X ........................ ........................ 1
Dagama, John .............................................. March 2018 ........................... X ........................ ........................ 1
Fuller, Daniel and Fuller, William ................. March 2018 ........................... X ........................ ........................ 1
Funderberg, Clint .......................................... March 2018 ........................... X X ........................ 1
Hall, John ...................................................... N/A ........................................ ........................ ........................ X 1
Hyman, Ben .................................................. March 2018 ........................... X ........................ ........................ 1
Scarbrough, Tyler ......................................... March 2018 ........................... X ........................ ........................ 1
Surgener, Greg ............................................. March 2018 ........................... X ........................ ........................ 1
Sutton, William .............................................. March 2018 ........................... X X ........................ 1
White, Matt .................................................... March 2018 ........................... X ........................ ........................ 1
Wright, Thomas ............................................ March 2018 ........................... X ........................ ........................ 1
Mintz, Stephen .............................................. November 2017 .................... X X ........................ 1

NMFS is requesting public comment protect sea turtles, marine mammals, Authority: 16 U.S.C. 1801 et seq.
on the 13 DSBG/DSLBG applications and seabirds. Dated: June 1, 2018.
recommended for consideration by the NMFS will consider all public Jennifer M. Wallace,
PFMC and the one DSSLL application comments submitted in response to this Acting Director, Office of Sustainable
received directly from the applicant Federal Register Notice prior to Fisheries, National Marine Fisheries Service.
pursuant to 50 CFR 600.745. If all issuance of any EFP. Additionally, [FR Doc. 2018–12167 Filed 6–5–18; 8:45 am]
applications are approved, the EFPs NMFS will analyze the effects of issuing BILLING CODE 3510–22–P
would allow up to 13 vessels to fish EFPs in accordance with the National
with DSBG, up to four vessels to fish Environmental Policy Act and NOAA’s
with DSLBG, and one vessel to fish with Administrative Order 216–6, as well as COMMODITY FUTURES TRADING
DSSLL throughout the duration of each for compliance with other applicable COMMISSION
EFP, in portions of the U.S. West Coast laws, including Section 7(a)(2) of the
EEZ. These vessels would be permitted Endangered Species Act (16 U.S.C. 1531 Agency Information Collection
daltland on DSKBBV9HB2PROD with NOTICES

to fish exempt from the prohibitions of et seq.), which requires the agency to Activities: Notice of Intent To Renew
the HMS FMP pertaining to non- consider whether the proposed action is Collection 3038–0033, Notification of
authorized gear types. Aside from the likely to jeopardize the continued Pending Legal Proceedings
exemption described above, vessels existence and recovery of any
fishing under an EFP would be subject AGENCY: Commodity Futures Trading
endangered or threatened species or Commission.
to all other regulations implemented in result in the destruction or adverse
the HMS FMP, including measures to ACTION: Notice.
modification of critical habitat.

VerDate Sep<11>2014 17:35 Jun 05, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1

Document Created: 2018-06-06 00:53:55
Document Modified: 2018-06-06 00:53:55

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 July 6, 2018.
Contact		Chris Fanning, NMFS West Coast Region, 562-980-4198.
FR Citation		83 FR 26268
RIN Number		0648-XG24

83 FR 26268 - Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 109 (June 6, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration