Magnuson-Stevens Fishery Conservation and Management Act; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 67518-67519 [2020-23537]
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67518
Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA502]
Magnuson-Stevens Fishery
Conservation and Management Act;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
NMFS has determined that
twenty 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 highly
migratory species (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/or deep-set linked buoy
gear (DSLBG), and/or night-set buoy
gear (NSBG) to harvest swordfish and
other HMS off of the U.S. West Coast.
DATES: Comments must be submitted in
writing by November 23, 2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0135, 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-20200135, 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–
2020–0135’’ in the comments.
• Email: wcr.hms@noaa.gov.
Instructions: Comments sent by any
other method, to any other address or
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SUMMARY:
VerDate Sep<11>2014
18:09 Oct 22, 2020
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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
10 years (2011–2015, research years;
2015–2020, 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 percent
marketable catch composition. Nonmarketable 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
hooking on the line; as a result, all
catches can be tended quickly, with
catch brought to the vessel in good
condition. To date, DSBG has had five
interactions with protected species, four
Northern elephant seals and one
loggerhead sea turtle, which were not
seriously injured and were released
alive due to the quick strike detection of
the gear. Northern Elephant seals are
protected by the Marine Mammal
Protection Act and loggerhead sea
turtles are protected by the Endangered
Species Act.
DSLBG trials have produced similar
data to DSBG activities. Swordfish and
other marketable species have
represented about 90 percent of the
catch. Non-marketable species are
released alive due to DSLBG quick
strike detection and active gear tending.
To date, there have been no interactions
with protected species using DSLBG.
One vessel began fishing with NSBG
in 2020. Data from this gear type are not
yet available.
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Fmt 4703
Sfmt 4703
At its September 2020 meeting, the
Pacific Fishery Management Council
(Council) received twenty additional
applications for EFPs in time for review
and recommended that NMFS issue
these EFPs to authorize use of DSBG
and/or DSLBG (see Table 1). Council
recommendations can be found on the
September 2020 meeting Decision
Document here, https://
www.pcouncil.org/documents/2020/09/
september-2020-decision-summarydocument.pdf/.
The Council reviewed twenty DSBG
EFP applications and recommended for
issuance by NMFS nineteen of the
applications. The application that was
not recommended was for three vessels
to fish NSBG. Also, two applications
included NSBG in addition to other
DSBG fishing, and the Council did not
recommend the NSBG portions. Four
applications in total proposed using
NSBG, but the Council did not
recommend additional NSBG EFPs until
data from the one previously-approved
(September 2019) NSBG EFP becomes
available in 2021. The Council did
recommend that the previouslyapproved night fishing EFP be allowed
to be fished on another vessel owned by
the applicant (application 14 in the
table below), but not on both vessels
simultaneously.
At this time, NMFS is requesting
public comment on all twenty EFP
applications NMFS will take the
Council’s comments into consideration
along with public comments on whether
or not to issue these EFPs. If all
applications were approved, the EFPs
would allow, in addition to EFPs
previously issued by NMFS, up to
twenty three vessels in total to fish, with
fourteen vessels with DSBG only, four
vessels with DSLBG, and five vessels
with NSBG, throughout the duration of
each EFP, in the U.S. West Coast EEZ
with permitted exemption 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.
E:\FR\FM\23OCN1.SGM
23OCN1
67519
Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Notices
TABLE 1—SUMMARY OF DEEP-SET BUOY GEAR EXEMPTED FISHING PERMIT APPLICATIONS SUBMITTED FOR THE
SEPTEMBER 2020 COUNCIL MEETING
(https://www.pcouncil.org/documents/2020/08/e-2-attachment-1-summary-of-dsbg-efp-applications-received-for-the-september-2020-councilmeeting.pdf/)
E.2 attachment
No.
Applicant name
Number
of vessels
2 .....................
3 .....................
4 .....................
5 .....................
6 .....................
7 .....................
8 .....................
9 .....................
10 ...................
11 ...................
12 ...................
13 ...................
14 ...................
15 ...................
16 ...................
17 ...................
18 ...................
19 ...................
20 ...................
21 ...................
Athens, Tim ......................................................................
Dell, Kevin ........................................................................
Dillman, Todd ...................................................................
Eberhardt, James .............................................................
Fischer, Paul ....................................................................
Ghio, Romolo ...................................................................
Haworth, Nick, Haworth, David ........................................
Herman, Marc ..................................................................
Lebeck, Mark ....................................................................
Lorton, Arthur, Lorton, J. Anthon .....................................
Medland, Robert, Castenada, James, Clayton, Terry .....
Pack, Troy, Fegerstedt, Ashley ........................................
Perez, Nathan, Carson, Thomas .....................................
Perez, Nathan, Carson, Thomas .....................................
Saraspe, Andres, Saraspe, Charles ................................
Sidielnikov, Andrii .............................................................
Tharp, Nicolas ..................................................................
Volaski, Andrew ...............................................................
Wallace, Miles ..................................................................
Weiser, Steve ...................................................................
Fishing method
1
1
1
1
1
1
3
1
1
1
2
1
1
1
2
1
1
1
1
1
DSLBG
DSBG
DSBG
DSBG
DSBG
DSLBG
NSBG
DSLBG
DSLBG, NSBG
DSLBG
DSBG
DSBG
NSBG
DSBG
DSBG
DSBG
DSBG
DSLBG
DSBG, NSBG
DSBG
Notes
Not recommended.
NSBG portion not recommended.
Same vessel as #15.
Same vessel as #14.
NSBG portion not recommended.
Fishing Method DSBG—standard deep-set buoy gear, DSLBG—linked deep-set buoy gear, NSBG—night set buoy gear. DSLBG vessels can
also use standard deep-set buoy gear.
NMFS will consider all public
comments submitted in response to this
Federal Register notice prior to issuance
of any EFP. Additionally, NMFS has
analyzed the effects of issuing DSBG
and DSLBG EFPs, and would analyze
issuing additional NSBG 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: October 16, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–23537 Filed 10–22–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA406]
Aquaculture Opportunity Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for information.
AGENCY:
On May 7, 2020, the White
House issued an Executive Order (E.O.)
on Promoting American Seafood
Competitiveness and Economic Growth,
which requires the Secretary of
Commerce to identify geographic areas
containing locations suitable for
commercial aquaculture, and complete a
National Environmental Policy Act
(NEPA) Programmatic Environmental
Impact Statement (PEIS) for each area to
assess the impact of siting aquaculture
facilities there. NOAA requests that
interested parties provide relevant
information on the identification of
areas within Federal waters of the Gulf
of Mexico and off Southern California,
south of Point Conception, for the first
two Aquaculture Opportunity Areas
(AOA) and on what areas NOAA should
consider nationally for future AOAs.
Please respond to the questions listed in
the SUPPLEMENTARY INFORMATION section,
as appropriate. The public input
provided in response to this request for
SUMMARY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
information (RFI) will inform NOAA as
it works with Federal agencies,
appropriate Regional Fishery
Management Councils, and in
coordination with appropriate State and
tribal governments to identify AOAs.
DATES: Interested persons are invited to
submit written comments on or before
December 22, 2020.
Four webinar-based listening sessions
are scheduled. Each will focus on a
specific region or national comments,
but comments on each topic will be
accepted at all meetings:
1. November 5, 2020, 6 p.m. to 8 p.m.
Eastern: National listening session.
2. November 12, 2020, 9 a.m. to 11
a.m. Pacific: Southern California
listening session.
3. November 17, 2020, 1 p.m. to 3
p.m. Eastern: Gulf of Mexico listening
session.
4. November 19, 2020, 1 p.m. to 3
p.m. Eastern: National listening session.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2020–0118,
by the following method:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200118, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
Webinar links: Links and toll-free
phone numbers for each webinar can be
found at: https://
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Notices]
[Pages 67518-67519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23537]
[[Page 67518]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA502]
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 twenty 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
highly migratory species (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/
or deep-set linked buoy gear (DSLBG), and/or night-set buoy gear (NSBG)
to harvest swordfish and other HMS off of the U.S. West Coast.
DATES: Comments must be submitted in writing by November 23, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0135, 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-2020-0135, 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-2020-0135'' in the comments.
Email: [email protected].
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 10 years (2011-2015, research years; 2015-2020, 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 percent marketable catch composition. 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 hooking on the line; as a result, all
catches can be tended quickly, with catch brought to the vessel in good
condition. To date, DSBG has had five interactions with protected
species, four Northern elephant seals and one loggerhead sea turtle,
which were not seriously injured and were released alive due to the
quick strike detection of the gear. Northern Elephant seals are
protected by the Marine Mammal Protection Act and loggerhead sea
turtles are protected by the Endangered Species Act.
DSLBG trials have produced similar data to DSBG activities.
Swordfish and other marketable species have represented about 90
percent of the catch. Non-marketable species are released alive due to
DSLBG quick strike detection and active gear tending. To date, there
have been no interactions with protected species using DSLBG.
One vessel began fishing with NSBG in 2020. Data from this gear
type are not yet available.
At its September 2020 meeting, the Pacific Fishery Management
Council (Council) received twenty additional applications for EFPs in
time for review and recommended that NMFS issue these EFPs to authorize
use of DSBG and/or DSLBG (see Table 1). Council recommendations can be
found on the September 2020 meeting Decision Document here, https://www.pcouncil.org/documents/2020/09/september-2020-decision-summary-document.pdf/.
The Council reviewed twenty DSBG EFP applications and recommended
for issuance by NMFS nineteen of the applications. The application that
was not recommended was for three vessels to fish NSBG. Also, two
applications included NSBG in addition to other DSBG fishing, and the
Council did not recommend the NSBG portions. Four applications in total
proposed using NSBG, but the Council did not recommend additional NSBG
EFPs until data from the one previously-approved (September 2019) NSBG
EFP becomes available in 2021. The Council did recommend that the
previously-approved night fishing EFP be allowed to be fished on
another vessel owned by the applicant (application 14 in the table
below), but not on both vessels simultaneously.
At this time, NMFS is requesting public comment on all twenty EFP
applications NMFS will take the Council's comments into consideration
along with public comments on whether or not to issue these EFPs. If
all applications were approved, the EFPs would allow, in addition to
EFPs previously issued by NMFS, up to twenty three vessels in total to
fish, with fourteen vessels with DSBG only, four vessels with DSLBG,
and five vessels with NSBG, throughout the duration of each EFP, in the
U.S. West Coast EEZ with permitted exemption 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.
[[Page 67519]]
Table 1--Summary of Deep-Set Buoy Gear Exempted Fishing Permit Applications Submitted for the September 2020
Council Meeting
(https://www.pcouncil.org/documents/2020/08/e-2-attachment-1-summary-of-dsbg-efp-applications-received-for-the-september-2020-council-meeting.pdf/)
----------------------------------------------------------------------------------------------------------------
Number of
E.2 attachment No. Applicant name vessels Fishing method Notes
----------------------------------------------------------------------------------------------------------------
2....................... Athens, Tim.......... 1 DSLBG
3....................... Dell, Kevin.......... 1 DSBG
4....................... Dillman, Todd........ 1 DSBG
5....................... Eberhardt, James..... 1 DSBG
6....................... Fischer, Paul........ 1 DSBG
7....................... Ghio, Romolo......... 1 DSLBG
8....................... Haworth, Nick, 3 NSBG Not recommended.
Haworth, David.
9....................... Herman, Marc......... 1 DSLBG
10...................... Lebeck, Mark......... 1 DSLBG, NSBG NSBG portion not
recommended.
11...................... Lorton, Arthur, 1 DSLBG
Lorton, J. Anthon.
12...................... Medland, Robert, 2 DSBG
Castenada, James,
Clayton, Terry.
13...................... Pack, Troy, 1 DSBG
Fegerstedt, Ashley.
14...................... Perez, Nathan, 1 NSBG Same vessel as #15.
Carson, Thomas.
15...................... Perez, Nathan, 1 DSBG Same vessel as #14.
Carson, Thomas.
16...................... Saraspe, Andres, 2 DSBG
Saraspe, Charles.
17...................... Sidielnikov, Andrii.. 1 DSBG
18...................... Tharp, Nicolas....... 1 DSBG
19...................... Volaski, Andrew...... 1 DSLBG
20...................... Wallace, Miles....... 1 DSBG, NSBG NSBG portion not
recommended.
21...................... Weiser, Steve........ 1 DSBG
----------------------------------------------------------------------------------------------------------------
Fishing Method DSBG--standard deep-set buoy gear, DSLBG--linked deep-set buoy gear, NSBG--night set buoy gear.
DSLBG vessels can also use standard deep-set buoy gear.
NMFS will consider all public comments submitted in response to
this Federal Register notice prior to issuance of any EFP.
Additionally, NMFS has analyzed the effects of issuing DSBG and DSLBG
EFPs, and would analyze issuing additional NSBG 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: October 16, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-23537 Filed 10-22-20; 8:45 am]
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