Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 26268-26269 [2018-12167]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26268-26269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12167]


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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.

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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: https://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 (https://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
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                                                                                                                                            Number of
                  Applicant(s)                        Date of PFMC recommendation           DSBG             DSBG            DSSLL           vessels
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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
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    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]
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