SUPPLEMENTARY INFORMATION:

This action is authorized by the Pacific Coast Groundfish Fishery Management Plan and the regulations implementing the Magnuson-Stevens Fishery Conservation and Management Act at 50 CFR 600.745, which state that exempted fishing permits (EFP) may be used to authorize fishing activities that would otherwise be prohibited.

On June 28, 2019 (84 FR 31146), at the recommendation of the Pacific Fishery Management Council (Council), NMFS published a final rule that authorized the use of EM in place of human observers to meet requirements for 100-percent at-sea monitoring for catcher vessels in the groundfish trawl catch share fishery (Trawl Rationalization Program). EM video systems are used to record catch and discards by the vessel crew while at sea. Vessel operators are responsible for recording catch and discards in a logbook, which is then used to debit individual fishing quota (IFQ) accounts and cooperative allocations. The Council recommended, and NMFS implemented, a delay to the start of the regulatory program (86 FR 5525, October 6, 2021) until January 2024.

FlyWire, the EFP applicant, seeks to test the third party EM service provider model during the delay, as described in the EM program manual and associated guidelines and under 50 CFR 660.603 and 660.604. The West Coast EM regulatory program established requirements for vessel owners and operators, standards for EM systems, and protocols for handling catch while using EM systems in the Catch Share Program. The EM program also established requirements for third party EM Service Providers, which are companies tasked with providing EM services to the fleet. EM service providers are responsible for the installation and technical support of EM systems, and the collection and review of EM video data. EM vessels submit logbooks to report catch and discard information to NOAA Fisheries, and video data is used to audit logbooks to ensure information is accurately reported. If approved, the applicant would test alternative catch handling approaches for bottom trawl designed to reduce the time and labor burden for vessel crew, in addition to testing the third party model in the maximized retention Pacific whiting fleet. The applicant anticipates providing EM services to approximately five vessels that would participate in the EFP. While the applicant seeks an exemption from the requirement for vessels to carry an at-sea observer, all catch and effort would be covered by existing Individual Fishing Quota, Coop allocations, and associated National Environmental Policy Act and Endangered Species Act analyses. Observers will be required for initial “shakedown” cruises, but an observer exemption will be granted for this EFP if the equipment and vessel monitoring plans are consistent with the existing EM EFP guidelines.

If approved, NMFS would issue the permits for the EFP project to the applicant and vessel owners or designated representatives as the “EFP holder.” NMFS intends to use an adaptive management approach in which NMFS may revise requirements and protocols to improve the program without issuing another Federal Register notice, provided that the modifications fall within the scope of the original EFP. NMFS would also accept additional applications to participate in the same, or similar, exempted fishing activity.

The Regional Administrator has made a preliminary determination that the applications described above contain all of the required information and constitute an activity appropriate for further consideration. After publication of this document in the Federal Register , and review and consideration of any public comments received, NMFS may approve and issue permits for the EFP project. NMFS may approve the application in its entirety or may make any alterations needed to achieve the goals of the EFP.

Authority:16 U.S.C. 1801 et seq.;50 CFR 600.745. This action is authorized by the Pacific Coast Groundfish Fishery Management Plan and the regulations implementing the Magnuson-Stevens Fishery Conservation and Management Act at 50 CFR 600.745, which state that exempted fishing permits (EFP) may be used to authorize fishing activities that would otherwise be prohibited.

88 FR 25380